PROVIDED THAT definition

PROVIDED THAT. If the parties elect to utilize the alternative procedure herein provided, namely, the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of the duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered. The board of arbitration shall enter upon its duties within ten (10) days after the appointment of the chairperson, unless otherwise mutually agreed upon by the parties, and shall render its decision as soon thereafter as possible. If the dispute is referred to a single arbitrator, the arbitrator shall enter upon the duties undertaken within ten (10) days after the appointment, unless otherwise mutually agreed by the parties, and shall render a decision as soon thereafter as possible. The decision of the arbitration board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement. Decisions of the majority of the members of the arbitration board (or the decision of the single arbitrator) made under the authority of this arbitration clause, shall be final and binding upon the parties to this Collective Agreement and all persons upon whom the Collective Agreement is binding. If an arbitration board is appointed under the authority of this arbitration clause, the expenses, if any, of the members of the arbitration board shall be paid as follows: The Association shall pay the fees and expenses of the member chosen by it; the Division shall pay the fees and expenses of the member chosen by it; the fees and expenses of the chairperson shall be divided equally between the Association and the Division. If, however, the parties elect to follow the alternative procedure, the fees and expenses of the single arbitrator shall be divided equally between the Association and the Division. Any change or alteration of or addition to or substitution for any of the terms of this Agreement shall be made by negotiation between the Division and the Association. SECTION B - DETERMINATION OF SALARY/RATES

PROVIDED THAT. If the parties elect to utilize the alternative procedure herein provided, namely the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of his/her duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered. The Board of Arbitration shall enter upon its duties within ten (10) days after the appointment of the Chairperson, unless otherwise mutually agreed by the parties, and shall render its decision as soon thereafter as possible. If the dispute is referred to a single arbitrator, he/she shall enter upon the duties undertaken by him/her within ten (10) days after his appointment, unless otherwise mutually agreed by the parties, and shall render his/her decision as soon thereafter as possible. The decision of the Arbitration Board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement. Decisions of the majority of the members of the Arbitration Board (or the decision of the single arbitrator) made under the authority of this Arbitration Clause, shall be final and binding upon the parties to this Collective Agreement and all persons upon whom the Collective Agreement is binding.

PROVIDED THAT the All Cash Option is not exercised:

Examples of PROVIDED THAT in a sentence

• PROVIDED THAT the Guarantor shall forthwith pay to the Employer the said sum stated above upon first written demand of the Employer without cavil or argument and without requiring the Employer to prove or to show grounds or reasons for such demand, notice of which shall be sent by the Employer by registered post duly addressed to the Guarantor at its address given above.

• NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.

• THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF, THE STATE OF NEW YORK WITHOUT REGARD TO ITS CHOICE OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW OF NEW YORK), PROVIDED THAT ALL RIGHTS AND OBLIGATIONS OF THE SELLING SHAREHOLDER UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA.

• THE HOLDER OF THIS CERTIFICATE BY ITS ACCEPTANCE HEREOF AGREES TO NOT OFFER, SELL, PLEDGE OR OTHERWISE TRANSFER THIS CERTIFICATE; PROVIDED THAT THE MERGER OR CONSOLIDATION OF THE CERTIFICATEHOLDER WITH OR INTO ANY OTHER ENTITY, OR THE SALE, CONVEYANCE OR OTHER TRANSFER OF ALL OR SUBSTANTIALLY ALL OF ITS ASSETS TO ANY OTHER ENTITY SHALL NOT CONSTITUTE AN OFFER, SALE, PLEDGE OR OTHER TRANSFER OF THIS CERTIFICATE.

• The contractor shall not be liable for any excess cost of any failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the contractor (such as FORCE MAJEURE) PROVIDED THAT the contractor shall notify the authority in writing of the cause of any such delay, within fifteen (15) days from the beginning thereof or within such further period as the authority shall grant for the giving of such notice.

More Definitions of PROVIDED THAT

PROVIDED THAT disability" shall mean Employee's inability to perform Employee's essential job responsibilities with or without reasonable accommodation Due to the critical importance of this position to the Company, it is agreed that it would be an undue hardship for the Employee to be on a medical leave of absence for a period exceeding 180 consecutive days or 180 days in the aggregate in any 12-month period.

PROVIDED THAT. Calendar Year" for the purpose of this Agreement shall mean the twelve month period from January 1st to December inclusive.

PROVIDED THAT. Extraordinary Receipts" shall not -------- include cash received by the Parent or any of its Subsidiaries (y) amounting to less than $10,000 per receipt, without limitation as to aggregate amount, or (z) amounting to $10,000 or more per receipt and less than $50,000 per receipt, up to an aggregate exclusion under this clause (z) of $1,000,000 for all such receipts per Fiscal Year."

PROVIDED THAT. Consolidated Interest Expense" shall not (i) include any interest expense accrued and not paid or payable in cash in respect of Non-Cash-Pay Indebtedness or (ii) reflect any gains or losses attributable to the unwinding of interest rate swaps associated with the prepayment of associated Senior Term Loans.".

PROVIDED THAT. (a) no Default by Tenant has occurred at any time during the Term of this Lease, (b) Tenant has not at any tithe been more than five (5) days late with respect to any payments of Basic Rent due under this Lease more than once during the prior twelve (12) month period, and (c) Tenant shall demonstrate by the delivery to Landlord of its financial statements that Tenant has cash on hand in the amount of at least Fifteen Million Dollars ($15,000,000.00), then, upon written request of Tenant, Landlord shall return to Tenant a portion of the Security Deposit in the amount of Thirty Eight Thousand Four Hundred Ninety-Seven Dollars ($38,497.00) in the form of credit(s) against the Basic Rent next coming due under the Lease."

PROVIDED THAT the Product reasonably supplied as samples shall not be treated as being disposed of on a commercial basis and shall be ignored for the purpose of calculating the Net Sales;

PROVIDED THAT in the case of Loans other than Swingline Loans, notice thereof(i) must be received by 12:00 p.m. by the Administrative Agent (A) at least three Business Days prior to the date of prepayment, in the case of Term SOFR Loans, (B) on the date of prepayment, in the case of Base Rate Loans and (C) at least three Business Days prior to the date of prepayment, in the case of Alternative Currency Loans, and in each case, any such prepayment shall be a minimum principal amount of $1,000,000 and integral multiples of $1,000,000 in excess thereof, in the case of Term SOFR Loans and Alternative Currency Loans and $500,000 and integral multiples of $100,000 in excess thereof, in the case of Base Rate Loans, or, in each case, the entire remaining principal amount thereof, if less; in the case of Swingline Loans, (A) notice thereof must be received(ii) by the Swingline Lender by 1:00 p.m. on the date of prepayment (with a copy to the Administrative Agent), and (B) any such prepayment shall be in the same [Credit Agreement]