Determination of Availability Clause Samples
The Determination of Availability clause establishes the process and criteria for assessing whether a particular resource, service, or product is accessible or operational as required under the agreement. Typically, this clause outlines the methods for measuring availability, such as uptime percentages or scheduled maintenance windows, and may specify reporting obligations or remedies if availability falls below agreed thresholds. Its core function is to provide a clear standard for performance expectations, thereby reducing disputes and ensuring both parties understand when obligations are met or when corrective actions are necessary.
Determination of Availability. 6.4.1 AT&T shall provide Pole, Conduit and ROW availability information in rseponse to a request from CLEC which identifies with reasonable specificity the Facilities for which such information is desired If such request includes Joint Use Pole(sA),T&T shall respond with respect to such Joint Use Pole(s) as to what Make-Ready Work is required foArT&T’s Facilities only. Notwithtasnding any other provisionA, T&T shall not determine space availability upon any Joint Use Pole(s). CLEC may elect to be present at any field based survey ofFacilities identief d pursuant to this paragraph anAdT&T shall provide CLEC at least forty- eight (48) hours notice prior to initiating such field survey. CLEC employees or agents shall be permitted to enter AT&T Manholes and inspect such structures tooncfirm usabiliyt and/or evaluate condition of the structure(s) with at least forty-eight (48) hours noticeAtoT&T, with a AT&T representative present and at CLEC’s expense.
Determination of Availability. Cash available or property available to be distributed in kind by the LLC to the Members (“Distributions”) shall be determined for each Fiscal Year by the Board of Managers and shall be distributed to the Members as set forth in Section 6.3.3.
Determination of Availability. BellSouth shall provide pole, conduit and right-of-way availability information in response to a request from Licensee which identifies with reasonable specificity the facilities for which such information is desired. Licensee may elect to be present at any field based survey of facilities identified pursuant to this paragraph and BellSouth shall provide Licensee at least forty-eight (48) hours notice prior to initiating such field survey. Licensee employees or agents shall be permitted to enter BellSouth manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to BellSouth, with a BellSouth representative present and at Licensee’s expense.
Determination of Availability. At or before thirty minutes after the time for delivery of a Notice of Advance pursuant to Section 2.2(a) the Administrative Agent will make a determination of the Dollar Equivalent Value of the outstanding Loans for purposes of calculating whether the making of the requested Loan would cause the aggregate outstanding amount of the Loans, including the requested Loan, to exceed the Aggregate Committed Sum.
Determination of Availability. AT&T shall provide Pole, Conduit and right-of- way availability information in response to a request from Licensee which identifies with reasonable specificity the Facilities for which such information is desired. If such request includes Joint Use Pole(s) AT&T shall respond with respect to such Joint Use Pole(s) as to what Make-Ready Work is required for AT&T’s Facilities, only. Notwithstanding any other provision, AT&T shall not determine space availability upon any Joint Use Pole(s). Licensee may elect to be present at any field based survey of Facilities identified pursuant to this paragraph and AT&T shall provide Licensee at least forty-eight (48) hours notice prior to initiating such field survey. Licensee employees or agents shall be permitted to enter AT&T Manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to AT&T, with a AT&T representative present and at Licensee’s expense.
Determination of Availability. If Roche decides to exercise ***Replacement Right under Section 3.6.1, Roche shall, within *** after Roche or the JRC, as applicable, has determined that a Failure has occurred, notify Hookipa of its desire to replace an Exercised ***with a new designated Selected *** (“Replacement Notice”). Within *** after H▇▇▇▇▇▇’s receipt of the Replacement Notice, Hookipa shall confirm whether or not the designated new *** as set forth in the Replacement Notice (“Designated ***”) is Available at the time of receipt of such Replacement Notice by H▇▇▇▇▇▇ and explain underlying reasons if the Designated *** is not Available. If the Designated *** is Available at the time of receipt of such Replacement Notice by Hookipa, such Designated *** shall become an Exercised *** under this Agreement, and the Agreement shall terminate with regards to the replaced Exercised *** and Section 18.4 shall apply. Once a Designated *** is an Exercised ***, Hookipa shall present the budget for the activities related to the new Exercised *** and such budget shall be approved by the JRC. If at the time of the Replacement Notice, H▇▇▇▇▇▇ has already reached the cap pursuant to Section 9.3.4, then the Parties shall negotiate in good faith how the costs related to such budget shall be borne. For clarity, ***.
Determination of Availability. AT&T shall provide Pole, Conduit and right-of-way availability information in response to a request from Sprint which identifies with reasonable specificity the Facilities for which such information is desired. Sprint may elect to be present at any field based survey of Facilities identified pursuant to this paragraph and AT&T shall provide Sprint at least forty-eight (48) hours notice prior to initiating such field survey. Sprint employees or agents shall be permitted to enter AT&T Manholes and inspect such structures to confirm usability and/or evaluate condition of the structure(s) with at least forty-eight (48) hours notice to AT&T, with a AT&T representative present and at Sprint’s expense.
Determination of Availability. The Corporation shall indemnify under Article VII(C) any eligible person who has been successful on the merits in the defense of any proceeding or action or suit by or in the right of the Corporation to procure a judgment in its favor. Any other indemnification under Article VII(C) (unless ordered by a court) shall be made by the Corporation only as authorized in the specific case upon a determination that indemnification is proper in the circumstances because the eligible person has met any standard of conduct that is a prerequisite to his or her entitlement to indemnification under Article VII(C). With respect to a person who is a director or officer of the Corporation at the time of such determination, such determination shall be made:
1. By a majority vote of the directors who are not parties to such action, suit or proceeding, even though less than a quorum; or
2. By a committee of such directors designated by majority vote of such directors, even though less than a quorum; or
3. If there are no such directors, or if such directors so direct, by independent legal counsel in a written opinion; or
4. By the stockholders.
Determination of Availability. Within 45 days after receipt of a letter from HUD pursuant to § 581.4(a), each landholding agency must trans- mit to HUD a statement of one of the following:
Determination of Availability. Within five (5) business days following the receipt of a request, the Secretary of the Port Authority (or the Secretary’s designee) must:
1. make the Record available, in whole or in part; or
2. deny the request; or
3. acknowledge the receipt of the request and provide a written statement to the requester of the approximate date when the request will be granted in whole or in part (or denied). If circumstances prevent a determination of availability from being made within twenty (20) business days from the date of acknowledgement, the Secretary of the Port Authority (or the or the Secretary’s designee) must notify the requester in writing of the reason for the delay and provide a date certain within a reasonable period when the request will be granted in whole or in part. If the request is granted in whole or in part, the person making the request shall be notified that the responsive Record has been posted on the Port Authority’s Web site (including the specific location) and is available for inspection. If the requestor wishes to obtain paper copies of the available responsive Record(s), copies will be made available upon payment of the appropriate fees. If the request is denied, the requester shall be advised in writing of the reasons, including the exemption(s) applied to deny access to the requested Record. If no responsive Records are found, the requester will be notified in writing.