Evolution. ─ The participants in implementing this appendix agree that the SSLMP must evolve with changing scientific knowledge to allow for better definition of the monitoring elements, issues and client expectations.
Evolution. The Parties acknowledge that e-commerce, the Internet and associated technologies and ways of doing business are evolving rapidly, and as a result, that the form and content of this Agreement as of the Effective Date, may not be optimally suited to either the relationship of the Parties or prevailing conditions throughout the entire Term of the Agreement. Accordingly, the Parties agree to confer and discuss in good faith either Party's reasonably perceived need to modify this Agreement in order: (a) to adjust to prevailing or anticipated conditions, (b) to provide a more positive customer experience on the XXX.xxx Site; (c) to maximize customers and revenues from or through the XXX.xxx Site; or (d) to maximize return on investment to all Parties. Notwithstanding the foregoing, no modification to this Agreement shall be effective except pursuant to Section 19.9 hereof. (***************) SIGNATURES APPEAR FOLLOWING PAGE
Evolution. The product will evolve in capacity, national standards, and frequency bands. [***] CONFIDENTIAL TREATMENT REQUESTED
Evolution. In the U.S. courts, the enforcement of shareholders’ agreements concerning issues normally in the power of shareholders has been an object of discussion98. Most of the initial decisions of courts considered voting agreements invalid99. The main two reasons for invalidating the agreements were i) the idea that the power to vote was treated as inseparable from the shares and ii) the idea that shareholders owe to the each other a duty to vote in the corporation meetings in the best interest of the corporation100. Today, the trend toward the validity and enforcement of shareholders’ agreements concerning shareholder issues has a most positive perspective in courts101. The enactment of statutes expressly authorizing this kind of agreement has been the best way to avoid discussion about the validity of shareholders’ agreements concerning 98 O’NEIL and XXXXXXXX, supra note 6, at 5:11. 99 Id. 100 Id. at 5:12-13. 101 Id. at 5:15. shareholder decisions102. The MBCA and D.G.C.L. provide specific rules for the enforcement of pooling agreements,103 proxy agreements,104 and voting trust105. 102 Id. at 5:17. 103 See MODEL BUS. CORP. ACT § 7.31 (2005). It provides that:
Evolution. The parties anticipate that the Program (including the features of the Program and the systems and technologies used by both parties in the Program) will evolve over time to keep pace with technological advancements and improvements in the methods of delivering data, receiving data, processing data, generating output, marketing innovations, and performing other Services in connection with the Program. Subject to the provisions of this Section 3.2, the parties agree to cooperate with each other in taking advantage of such technological advancements and other improvements to maintain and improve the effectiveness and competitiveness of the Program.
Evolution. [1. The Partners intend that the Space Station shall evolve through the addition of capability and shall strive to maximize the likelihood that such evolution will be effected through contributions from all the Partners. To this end, it shall be the object of each Partner to provide, where appropriate, the opportunity to the other Partners to cooperate in its proposals for additions of evolutionary capability. The Space Station together with its additions of evolutionary capability shall remain a civil station, and its operation and utilization shall be for peaceful purposes, in accordance with international law.]
Evolution. DataDome may develop the Software Solution and related Services, including by adding or adjusting functionalities without incurring additional liability, which is agreed by the Client. It is nonetheless understood that DataDome will take care to avoid such addition or modification having negative impact on the functionalities and performance of the Software Solution.
Evolution. Historically, shareholders’ agreements concerning director decisions were held invalid by courts141. The arguments to invalidate shareholders’ agreements were:142
Evolution. Activities aimed at the adaptation of the process or system to evolving user requirements, operation environments and availability of input data. They respond both to developer and user learning, where more accurate requirements are based on the past experience with the application. In the “Algorithm maintenance and evolution” component the contractor may be asked to carry out “evolution activities” to implement the adjustments needed to the processing chains (a) in order to meet the recommendations identified during the audit and reviews organized by the contractor of lot 4 and agreed upon by the contracting authority, (b) exploit data from new Earth Observation missions, (c) in case of critical evolution of users requirements. Although the contractors as well as users may recommend evolution, the final decision to trigger specific contracts rests entirely on the contracting authority.
Evolution. Activities aimed at the adaptation of the process or system to evolving user requirements, operation environments and availability of input data. They respond both to developer and user learning, where more accurate requirements are based on the past experience with the application. Under Activity line 4 “evolution”, the contractor may be asked to carry out evolution activities related to the improvement, update and increased functionality of the data distribution ‘user interface’ and ‘data access’.
