Election to Proceed Sample Clauses

Election to Proceed. Voyager shall notify SBS in writing, within [**] days after SBS’s submission to Voyager of the Final Report, whether Voyager elects to proceed with further development of the Product. If Voyager notifies SBS that it does not wish to proceed with further development, or if Voyager does not deliver notice within such [**] day period, then this Agreement shall be deemed to have been terminated pursuant to Section 11.2(a) as of the time of delivery of such notice or the end of such [**] day period, as the case may be.
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Election to Proceed. Either CPH or CHF may elect to resort to the buy-sell procedure pertaining to the Members' interests in the Company as set forth in Section 7.03 of the Investment Agreement.
Election to Proceed. Purchaser shall have elected, in its discretion, to consummate the acquisition of the Purchased Shares.
Election to Proceed. If Buyer does not elect to terminate this Agreement, then Seller shall assign and turnover, effective upon the Close of Escrow, and Buyer shall be entitled to receive and keep, all awards made by the condemning authority for the taking of the Property which accrue to Seller and the parties shall proceed to close such Escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless or until such Escrow and this Agreement are terminated, Seller shall take no action with respect to any eminent domain proceeding with respect to the Property without the prior written consent of Buyer.
Election to Proceed. In the event any of the Property is damaged and/or destroyed by fire or other casualty prior to the Close of Escrow where (a) the cost to repair and/or restore such damage and/or destruction does not exceed One Hundred Thousand Dollars ($100,000.00), or (b) the cost to repair and/or restore such damage and/or destruction exceeds One Hundred Thousand Dollars ($100,000.00), but Buyer does not terminate the Escrow and this Agreement pursuant to Section 10.2.1, then Seller shall assign and turn over, effective upon the Close of Escrow, and Buyer shall be entitled to receive and keep, all insurance proceeds on account of such damage and/or destruction, and the parties shall proceed to close the Escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price; provided, however, that Buyer shall receive a credit against the Purchase Price for any cost of repair not covered by such insurance (whether by reason of insurance deductible, co-insurance, uninsured casualty or otherwise).
Election to Proceed. If forty-five days after delivery of any draft or revised draft of a screenplay Warner Bros. has not requested revisions the last writer or committed to hire another writer, Studio 21 can then request Warner Bros. by notice in writing, that Warner Bros. designate said screenplay as the final screenplay for which Warner Bros. elects to have a budget prepared. Warner Bros. shall have thirty days from receipt of the request within which to commit to revision or to hire another writer, or designate said screenplay as the final screenplay for preparation of a budget. If Warner Bros. fail to do either, then said screenplay shall be designate the final screenplay for which Warner Bros. elect to have a budget prepared, subject to Warner Bros. right of final approval of the screenplay and budget. If within six months from when the final screenplay for preparation of a budget is designated by Warner Bros. or is deemed to have been designated such a screenplay, Warner Bros. has not set the picture for production, then Studio 21 can request Warner Bros. by notice in writing to elect either (a) set the picture for production, as “set for production” is defined in paragraph 2 above, or (b) commit to the payment of the producer fee without setting the picture for production (i.e., go pay-or-play to Studio 21 and Xxxxx Xxxxxxx) or (c) abandon production of the picture. If within 10 business days from receipt by Warner Bros. of Studio 21’s request Warner Bros. fails to elect any, then Warner Bros. shall be deemed to have elected (c). If Warner Bros. elects (b), 20% of the producer fee, less the development fee, shall be paid when Warner Bros. elects (b), 60% not later than six months after Warner Bros. elects (b), unless prior to that date the picture has commenced principal photography, and the remaining 20% not later than one year after Warner Bros. elects (b). In the event production of the picture is abandoned by Warner Bros. after Warner Bros. has elected (b), any producer fee unpaid shall be paid within ten days after abandonment. If Warner Bros. elects (a), if principal photography of the picture has not commenced within thirty days following the designed start date, subject to acceleration or delay to accommodate the availability of facilities, location, or principal cast members, then the producer fee shall be paid as if the picture had commenced principal photography on the day which is thirty days following the designated start date, with the last 20% payable no...
Election to Proceed. City may elect to proceed with the Project notwithstanding the failure to meet FAT requirements. To avoid any doubt, no damages are payable to the City by Contractor for failing FAT Testing (save as specifically set forth in Section 3.6 I (J)(1).(ii) above) where City elects to retest, except that all hold-back amounts as set forth in Exhibit FContract Pricing will not be paid to Contractor or any subcontractor.
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Election to Proceed. By giving an Election to Proceed with respect to a Property or Properties, the Party giving such Election to Proceed shall be deemed to have agreed at the Closing with respect to the Property covered by such Election to Proceed as follows: (i) to accept such Property in its then "As Is" condition except for such representations are warranties given by the Transferor Party and are intended to survive the Closing and (ii) to accept title to such Property in the condition specified in the Title Pro Forma specified in such Election to Proceed. The Title Pro Forma specified in the Election to Proceed shall be incorporated into the Condition of Title at Closing on Exhibit L with respect to the applicable Property.
Election to Proceed. If HITN and Holdco elect to pursue an Acquisition through Holdco or a Newco, Holdco will advise Clearwire in writing of its desire to proceed within five (5) business days following the receipt of the Opportunity Notice from Clearwire. If Holdco does not respond affirmatively, Clearwire may pursue the EBS Opportunity Channels with another organization qualified to hold EBS Channels. If EBS Opportunity Channels are identified by HITN or Holdco, then Clearwire will inform HITN in writing within fifteen (15) days following receipt of the Opportunity Notice whether or not it is willing to provide financing to facilitate the Acquisition. If Clearwire elects to provide financing, then Clearwire will inform PAGE 5 - SPECTRUM ACCESS AND LOAN FACILITY AGREEMENT HITN within 15 days after the receipt by Clearwire of all due diligence materials related to the Acquisition if Clearwire requires that such Acquisition be made by a Newco, as provided in Section 2.3. If the parties mutually agree to pursue an Acquisition pursuant to these procedures and Holdco or a Newco thereafter signs a binding purchase agreement for such Acquisition on terms approved by Clearwire, then subject to satisfaction of the conditions precedent of Section 3.7, Clearwire shall have an obligation to make a Purchase Advance to fund such Acquisition and to make the other Advances with respect thereto as herein provided. In the event of an Acquisition, the commercial capacity on the EBS Opportunity Channels so acquired shall be made available to Clearwire on the terms set forth in Section 2.5.
Election to Proceed. 5 2.3 Acquisition by a Newco ............................................... 6 2.4 Expense Advances ..................................................... 6 2.4.1 Expense Budget Procedures ...................................... 6 2.4.2 Uncompensated Actions .......................................... 6 2.4.3 Application of Third Party Royalties ........................... 6 2.4.4 Acquired Markets Subject to Use Agreements ..................... 7 2.5 Clearwire Option to Enter Use Agreements ............................. 7 2.5.1 Use Agreement for Unencumbered Channels ........................ 7 2.5.2 Subsequent Use Agreement Rights ................................ 7 2.5.3 Subsequent Use Agreement Option ................................ 7 2.5.4 Clearwire License Options ...................................... 8 2.6
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