Determination of Materiality. The Special Servicer hereby acknowledges such provisions. Nothing in this Agreement, however, shall grant the Primary Servicers for the UCMFI Loans, the Principal Loans, the WaMu Loans or the JHREF Loans greater authority, discretion or delegated rights over Post Closing Requests than are set forth in the applicable Primary Servicing Agreement. In addition, the Special Servicer acknowledges that the Master Servicer has delegated certain tasks, rights and obligations to the Primary Servicers of the UCMFI Loans, the Principal Loans, the WaMu Loans and the JHREF Loans with respect to enforcement of due-on-sale clauses, assumption agreements and due-on-encumbrance clauses pursuant to Section 8.4 of this Agreement. Such Primary Servicing Agreement grants the Primary Servicer certain authority to evaluate and process certain requests with respect thereto in accordance with this Agreement or the applicable Primary Servicing Agreement and the applicable Mortgage Loan documents. Such Primary Servicer is not required to obtain the consent of the Master Servicer with respect to requests for transfers that are expressly permitted pursuant to the applicable Mortgage Loan documents. With respect to other requests specified in the related Primary Servicing Agreement that require the approval of the Special Servicer and subject to the terms and provisions of the related Primary Servicing Agreement, the Primary Servicer may forward its recommendation directly to the Special Servicer (with a copy to the Master Servicer) or it may forward its recommendation with respect to such request to the Master Servicer. The Master Servicer shall forward such recommendation to the Special Servicer within five (5) Business Days of receipt thereof and shall inform the applicable Primary Servicer of the Special Servicer's decision with respect to such request within one (1) Business Day after receipt of such decision from the Special Servicer or the date on which the Special Servicer's time to respond has lapsed. In addition, the Special Servicer acknowledges that, pursuant to the Midland Sub-Servicing Agreement, the Master Servicer has delegated certain tasks, rights and obligations with respect to the CDCMC Loans to the Midland Sub-Servicer.
Determination of Materiality. The Special Servicer acknowledges such provisions. Nothing in this Agreement, however, shall grant the Primary Servicers greater authority, discretion or delegated rights over Post Closing Requests than are set forth in the Primary Servicing Agreements.
Determination of Materiality. The NHIN Technical Committee shall provide reasonable advance notification to the NHIN Coordinating Committee of any proposed new, or change to existing, NHIN Performance and Service Specifications. Upon receiving such notification, the NHIN Coordinating Committee shall determine, in its sole discretion, whether such proposal is Material. If the NHIN Coordinating Committee determines that the proposed NHIN Performance and Service Specification is not Material, then the NHIN Technical Committee shall follow the change process in Section 11.03(b). If the NHIN Coordinating Committee determines that the proposed NHIN Performance and Service Specification is Material, then the NHIN Technical Committee shall follow the change process in Section 11.03(c).
Determination of Materiality. In the event that INVESCO discovers an error in the calculation of the Fund’s net asset value, the following policies will apply: If the amount of the error is less than $.01 per share, it is considered immaterial and no adjustments are made. If the amount of the error is $.01 per share or more, then the following thresholds are applied:
Determination of Materiality. Vendor shall provide reasonable advance notification to all Participants subscribed to a particular service of any proposed new, or change to existing, Network Operating Policies and Technical Requirements that apply to that particular service. Vendor shall consider feedback from all Participants including any comments on fiscal impact and then determine, in its sole discretion, whether such proposal is Material. If Vendor determines that the proposal is not Material, then Vendor shall follow the change process in the Section 4(c)(ii). If Vendor determines that the proposal is Material, then Vendor shall follow the change process in Section 4(c)(iii).
Determination of Materiality. The Special Servicer acknowledges such provisions. Nothing in this Agreement, however, shall grant the Primary Servicers greater authority, discretion or delegated rights over Post Closing Requests than are set forth in the Primary Servicing Agreements. Neither the Master Servicer nor the Special Servicer shall have any liability, and shall be indemnified by the Trust for any liability to the Mortgagor or the proposed assignee, for any delay in responding to requests for assumption, if the same shall occur as a result of the failure of the Rating Agencies, or any of them, to respond to such request in a reasonable period of time.
Determination of Materiality. 35 13.9 Submissions to Jurisdiction...................................... 35 13.10 Partnership...................................................... 35 13.11
Determination of Materiality. In any Document, except where ---------------------------- specifically stated otherwise, whether any act, occurrence, conduct, event or state of affairs or other similar event is "material", "adverse" or "materially adverse" or any grammatical variation of such words, will be determined by the Banks in their sole discretion.
Determination of Materiality. In this Agreement, except where specifically stated otherwise, whether any act, occurrence, conduct, event or state of affairs is “material”, “adverse” or “materially adverse” or any grammatical variation of such words shall be determined by acting reasonably. 1.12
Determination of Materiality. 28 1.09 Certificates and Opinions, etc.......................................................................28 1.10
