Challenges Sample Clauses
The "Challenges" clause outlines the procedures and rights related to disputing or contesting certain actions, decisions, or information within an agreement. Typically, this clause specifies the grounds on which a party may raise a challenge, the timeframe for doing so, and the process that must be followed, such as providing written notice or supporting evidence. Its core practical function is to provide a structured mechanism for addressing disagreements or errors, thereby ensuring fairness and transparency in the administration of the contract.
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Challenges. Licensee will provide written notice to Licensor at least 90 days before Licensee, its Affiliate or Sublicensee initiates or participates directly or indirectly in a Patent Challenge. Licensee, its Affiliate or such Sublicensee will identify all prior art and other evidence material to the Patent Challenge in such written notice. If Licensee, its Affiliate or a Sublicensee participates directly or indirectly in a Patent Challenge, the following applies:
(a) [Licensor has the right to terminate this Agreement at any time (including after the termination of such Patent Challenge) upon written notice delivered to Licensee, and this Agreement’s cure provisions for non-monetary breach will not apply; provided that if a Patent Challenge is initiated by a Sublicensee, Licensor will only be permitted to terminate this Agreement if, within 30 days following receipt of notice that Sublicensee has initiated a Patent Challenge, Licensee has failed to terminate the Sublicense or Sublicensee has not vacated the Patent Challenge.]55 OR
(a) [Licensor will meet with Licensee and any designee of Licensee within three months after such notice from Licensee and at least semi-annually at the request of Licensee, in a good faith effort to resolve any Patent Challenge;
(b) during the pendency of such action or proceeding (including any appeals), the applicable royalty rate(s) will increase to double the applicable royalty rate(s);
(c) should the outcome of such action or proceeding determine that any such claim challenged by Licensee or a Sublicensee is valid, enforceable, and/or infringed by a Licensed Product, the royalty rate(s) will increase to triple the applicable royalty rate(s);
(d) Licensee and any Sublicensee(s) will have no right to recoup any royalties paid before such action or proceeding or during the period in which such action or proceeding is pending (including on appeal), no matter the outcome of such action or proceeding; and
(e) Licensee shall pay all reasonable costs and expenses incurred by Licensor (including, but not limited to, Licensor’s actual attorneys’ fees) in connection with such action or proceeding. Licensor may bill Licensee as frequently as monthly concerning such costs and expenses, and Licensee shall make payment no later than 30 days after receiving an invoice from Licensor. Notwithstanding any other provision of the Agreement, with respect to any such Patent Challenge, Licensor will have full control and authority to defend the Patent Right...
Challenges. Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, sum- moned, or selected, and may challenge an indi- vidual juror on the ground that the juror is not legally qualified.
Challenges. The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen
Challenges. The inability or unwillingness of NMS to routinely share vital shipment data made it very difficult to accurately update supply plans for HIV, TB, and malaria commodities Limited availability of and inaccurate logistics and health service data for forecasting and quantification In Year 2, the UHSC staff members seconded to the AIDS Control Program continued to strengthen the national web-based ARV ordering and reporting system (WAOS) to ensure the availability of quality ART data on logistics and patients for program planning, monitoring and sharing. Our ongoing work focused on maintaining the high WAOS facility reporting rate (currently >90%), disseminating bimonthly WAOS reports, and training of health workers and supervisors to improve the accuracy and completeness of ARV ordering and reporting. A highlight was that the UHSC team conducted the first assessment of WAOS data quality, including a desk review of six months of data and a field study carried out between June and October, 2015. The findings and recommendations led the MoH to undertake three important actions that will improve facility ARV management as well as the accuracy of WAOS reporting— The ART facility accreditation guidelines and site assessment tool were updated to include, among other things, standards to assess a facility’s logistics management capacity. To date, 1,600 of the 2,000 active and inactive ART sites have been reassessed. The MoH Resource Center has cleaned up the master ART site list (last updated in December 2014) by removing more than 170 inactive sites and adding 42 new sites that have been recently accredited. WAOS reporting indicators will now be more accurate. Revisions were also made to the WAOS form and job aid to improve the accuracy of orders and patient information. During the year, our team worked closely with the AIDS Control Program M&E team to produce the official national ART patient numbers by validating and triangulating WAOS patient data with the District Health Information System version 2 (DHIS2) patient numbers. These numbers are the basis for forecasting and quantifying national HIV commodity requirements and are key performance indicators for PEPFAR and the Global Fund. Toward the end of the year, we also participated in the MoH stakeholder workshop for drafting the Consolidated Guidelines for Preventing and Treating HIV Infection in Uganda based on the 2015 WHO ART guidelines. We ensured that supply chain considerations were appropriatel...
Challenges. The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen (14) calendar days of the appointment of the relevant Expert or within fourteen (14) calendar days of the challenging Party becoming aware of the circumstances giving rise to the challenge. Unless the challenged Expert withdraws. or whichever of the Parties that has not brought the challenge agrees to the challenge, within fourteen (14) calendar days of the challenge, the ICC shall decide the challenge and, if appropriate, shall appoint a replacement Expert in accordance with the criteria set out herein.
Challenges. Caseloads – DHS’ ability to achieve progress in the most critical areas of the reform hinges on reducing worker caseloads. During SFY13, DHS reports it established new positions for 230 caseworkers and 85 supervisors. However, the Department has faced an immense challenge of retaining both new and seasoned caseworkers and stemming exceptionally high staff turnover. Despite the efforts to reduce caseloads with new positions, the high turnover rate creates a constant stream of vacant positions and adds additional pressure on an unstable and new workforce that is trying to manage a CPS backlog of 1833 cases as of mid-October and provide quality care for the increasing number of children in custody. The Co-Neutrals are concerned that the final SFY14 budget did not fully fund the Pinnacle Plan, apparently undercutting at least one of the core strategies DHS committed to implement in order to attract and retain staff to protect vulnerable children: an annual compensation increase. The Co-Neutrals have been advised by numerous stakeholders and child welfare leaders across Oklahoma that absent the raises promised to child welfare staff, many of whom now work in parts of Oklahoma under very difficult working conditions – DHS will find it increasingly difficult to attract and retain qualified staff to protect Oklahoma’s children. To be clear: the Co-Neutrals expect DHS to implement the Pinnacle Plan as approved, including the state’s commitment to raise the salaries for child welfare workers after many years of stagnancy. Because the state characterized the raises to the Co-Neutrals as a fundamental strategy when it developed the Pinnacle Plan, and because the agency’s problems with staff turnover is fast forging a new crisis on the frontlines of the organization, the Co-Neutrals are committed to monitor and evaluate the steps the state takes to secure the necessary funds. We expect the state to determine whether the Department can find the necessary resources within its existing appropriation to fund the salary raises, or to use other options available - at this time - to fully fund the Plan.
Challenges. 1. Each Party shall provide non-discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of any obligations specified in this Chapter for procurements in which they have, or have had, an interest.
2. Challenges shall be heard by an impartial and independent reviewing authority. A reviewing authority, if it is not a court, shall either be subject to judicial review or shall have procedural guarantees of due process.
3. Provided it respects the previous paragraphs, each Party can determine according to its domestic laws and regulations the review procedures applicable to the hearing of challenges under this Article.
4. Each Party shall allow sufficient period of time for suppliers to prepare and submit a challenge.
Challenges. Describe any challenges, including any project activities or outputs that are behind schedule or are not being carried out, and how you dealt with them.
Challenges. If the Property’s annexation or any portion thereof is challenged by a third party, all provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the Final Outcome of the challenge except as specified herein. “
Challenges. A description of the challenges, barriers the participants were facing prior to joining the project. This section should also include the objectives that the participant/project set out to achieve.