Contested Actions Sample Clauses

Contested Actions. Although Publisher will use commercially reasonable efforts to prevent the generation of unauthorized or improper Actions in relation to the Advertising and the Services, and certain Products may provide criteria that limit what is considered a billable “Action,” Advertiser acknowledges and accepts the risk that third parties may nonetheless generate some Actions on Advertiser's Advertising for prohibited or improper purposes or through prohibited, improper or illegitimate means (including spiders, bots and other automated or mechanical means) (“Invalid Actions”). Advertiser's exclusive remedy, and Publisher’s exclusive liability, for suspected Invalid Actions on a Service that contains a Minimum Action Commitment or a Service for which Advertiser is charged a fee per delivered Action (a “Cost-Per-Action” charge) is for Advertiser to request a reconciliation in the form of eliminating the contested Actions for purposes of satisfying the Minimum Action Commitment or, for Cost-Per-Action Products, providing a comparable makegood Action. Publisher may, in its sole discretion, alternatively opt to issue a pro-rata credit for any Actions reasonably shown to be unauthorized or improperly generated, which credit will extinguish any further obligation on Publisher’s part with respect to such Actions. Any such reconciliation of contested Actions must be made within 90 days after the date of the first such Action, and the issuance of any such reconciliation shall be within Publisher’s sole discretion. In the case of a Service without a Minimum Action Commitment or Cost-Per- Action billing, Advertiser may request that Publisher investigate suspected Invalid Actions at its discretion.
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Contested Actions. To the fullest extent permitted by law, Publisher disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) Actions; (ii) availability and delivery of any Actions on any Vendor, Publisher owned site or service, or section thereof; (iii) click/call through rates; (iv) conversions or other results for any Advertising or Service; (v) the accuracy of Vendor data (e.g. reach, size of audience, demographics or other purported characteristics of audience); and (vi) the adjacency or placement of Advertising. Advertiser understands that third parties may generate Actions on Advertiser's Advertising for prohibited or improper purposes or through prohibited, improper or illegitimate means (including spiders, robots and other automated or mechanical means), and Advertiser accepts the risk of any such Actions. Advertiser's exclusive remedy, and Publisher's exclusive liability, for suspected invalid Actions is for Advertiser to make a claim for a “refund” in the form of eliminating the contested Actions for purposes of satisfying the Minimum Action Commitment. Any such “refund” for contested Actions shall be within Publisher's sole discretion.
Sample 1

Related to Contested Actions

  • Required Actions (a) Each of the parties shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and do, or cause to be done, and assist and cooperate with the other parties in doing, all things reasonably appropriate to consummate and make effective, as soon as reasonably possible, the Merger and the other transactions contemplated by this Agreement.

  • Prohibited Actions The Company agrees that it will not take any action which would entitle the Warrantholder to an adjustment of the Exercise Price if the total number of shares of Common Stock issuable after such action upon exercise of this Warrant, together with all shares of Common Stock then outstanding and all shares of Common Stock then issuable upon the exercise of all outstanding options, warrants, conversion and other rights, would exceed the total number of shares of Common Stock then authorized by its Charter.

  • Corrective Actions The Government will use its best efforts to ensure that each Covered Provider (i) takes, where necessary, appropriate and timely corrective actions in response to audits, (ii) considers whether the results of the Covered Provider’s audit necessitates adjustment of the Government’s records, and (iii) permits independent auditors to have access to its records and financial statements as necessary.

  • Corrective Action Despite its right to terminate this Agreement pursuant to this Article, the LHIN may choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the LHIN determines, to ensure the successful completion of the Services in accordance with the terms of this Agreement.

  • Adverse Actions Take any action or fail to take any action that is intended or is reasonably likely to result in (i) any of its representations and warranties set forth in this Agreement being or becoming untrue in any material respect at any time at or prior to the Effective Time, (ii) any of the conditions to the Merger set forth in Article VI not being satisfied or (iii) a material violation of any provision of this Agreement, except, in each case, as may be required by applicable law or regulation.

  • RECOMMENDED ACTION It is respectfully requested that the Procurement Committee recommend to the Aviation Authority Board approval of an Amendment to Addendum 47 to the Continuing Environmental Engineering Consulting Services with Terracon Consultants Inc. for the services contained herein and the amount as shown below: Not-to-Exceed Fees $22,696.00 Lump Sum Fees $0.00 Not-to-Exceed Expenses $7,860.00 TOTAL $30,556.00 AAC – Compliance Review Date 3/14/23 AAC – Funding Eligibility Review Date 3/15/23 ATTACHMENTS Attachment A: Finance Form Attachment B: OSBD Memo ATTACHMENT A FINANCE FORM Date: Requestor’s Name: Preparer’s Name: Requestor’s Department: Description: Vendor: March 13, 2023 Xxx Xxxxxxxxxx Xxx Xxxxxxxxxx Planning Amd. Add. 47 - Additional FY23 Industrial User Discharge Permit Terracon Consultants, Inc. Requestor’s Extension: Preparer’s Extension: Solicitation #: Contract # / Name: Procurement Committee Date: Agenda Item #: 3463 3463 Terracon Consultants Inc. March 28,2023 NON-PROJECT FUNDS: O&M Account Code Format: xxx.xxx.xxx.xxxxxxx.xxx.xxxxxx FY 23 Amount FY24 Amount FY25 Amount FY26 Amount FY27 Amount TOTAL CONTRACT 301.712.170.5310010.000.000000 $30,556.00 Total Requisition: $30,556.00 Requisition Number: 93785 Funding Approver: 03/15/23 OMB Notes: 0000 Xxx Xxxx Winter Park, FL 32789 P (000) 000-0000 F (000) 000-0000 Xxxxxxxx.xxx March 8, 2023 Greater Orlando Aviation Authority 0000 Xxxxx Xxxx Orlando, Florida 32827 Attention: Xx. Xxx Xxxxxxxxxx Telephone: 000-000-0000 E-mail: XXxxxxxxxxx@xxxx.xxx Re: Proposal for 2023 Industrial User Discharge Compliance Monitoring Activities Orlando International Airport Lift Stations Orlando, Orange County, Florida Terracon Proposal No. XX0000000 Dear Xx. Xxxxxxxxxx: As per your request, the following is Terracon’s scope of services and associated costs for activities related to the continuation of compliance sampling, analyses and reporting activities at four (4) lift stations at the Orlando International Airport through September 30, 2023. This proposal outlines the project and presents the costs to perform the below described scope of services. The compliance monitoring activities are required pursuant to the Greater Orlando Aviation Authority’s (GOAA) Industrial User Discharge Permit (IUDP) No. CO106TA issued by the City of Orlando (City).

  • Adverse Action The Indenture Trustee need not take an action that it determines might have a material adverse effect on the rights of the Noteholders not consenting to the action.

  • Class, Collective and Representative Action Waiver THE PARTIES AGREE THAT COVERED CLAIMS WILL, AT EITHER PARTY’S ELECTION, ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS AND THAT EACH WAIVES THE RIGHT TO PARTICIPATE IN OR RECEIVE COMPENSATION FROM ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NO PARTY MAY BRING A CLAIM ON BEHALF OF OTHER INDIVIDUALS; ANY ARBITRATOR HEARING A COVERED CLAIM MAY NOT COMBINE MORE THAN ONE INDIVIDUAL’S CLAIM OR CLAIMS INTO A SINGLE CASE OR TO ARBITRATE ANY FORM OF A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. SHOULD ANY PORTION OF THE FOREGOING WAIVER BE FOUND INVALID, THE REMAINING PORTION THAT IS VALID WILL BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

  • PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The purpose of the Agreement is to provide the City with the services for one full-time equivalent senior criminalist from the Department to perform DNA testing, analysis, and forensic-related consulting as requested by the City, effective July 1, 2016 through June 30, 2021. The City’s current agreement with the County for this position expires on June 30, 2016. This Agreement will not result in the creation of an additional senior criminalist position, as the position was created during the previous agreement.

  • Affirmative Action Subrecipient agrees that it shall be committed to carry out an Affirmative Action Program that encompasses that principals provided in President’s Executive Order 11246, as revised on January 4, 2002.

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