Feasibility Determination Sample Clauses

Feasibility Determination. If Cempra, in consultation with FFFC, determines that FFFC cannot implement the proposed revision to the API Specifications or API Manufacturing Procedures in a cost-effective manner, it may withdraw the proposed revision. If the revision is required by a Regulatory Authority, however, then the Parties shall discuss in good faith to implement such revisions in a cost-effective manner upon mutual agreement of the Parties with respect thereto.

Feasibility Determination. Nipawin, SRC and Fulcrum will collectively evaluate the pre-FEED results and reasonably determine the feasibility of the ASPD Technology based on the N/S Technology.

Feasibility Determination. If Allos, in consultation with Hovione, determines that Hovione cannot implement the revision in a cost-effective manner, it may withdraw the proposed Specification revision. If the revision is required by a Regulatory Authority, however, then upon reasonable written notice to Hovione, Allos may terminate this Agreement in whole or in part or may treat the circumstance as an “inadequate supply” event and take other actions as provided in Section 7.5.

Feasibility Determination. Notwithstanding anything in this Agreement to the contrary, in the event Assignee, in its sole and absolute discretion, is dissatisfied with the results of its inspection and feasibility review, then Assignee may terminate this Agreement by giving Notice of such termination to Assignor and Escrow Agent on or before 2:00 p.m., Arizona Time, on the Feasibility Expiration Date, whereupon this Agreement shall terminate, the Deposit(s) shall be returned to Assignee, and thereafter, except as otherwise provided in this Agreement, neither Party shall have any further obligations or liabilities under this Agreement. Unless Assignee has delivered written notice to Assignor and Escrow Agent, by 2:00 p.m., Arizona Time, on the Feasibility Expiration Date, expressly stating that Assignee elects to waive this termination right and proceed with the acquisition of the Assigned Interests, then Assignee shall be deemed conclusively to have terminated this Agreement pursuant to this Section 9. If Assignee so provides Notice to Assignor of dissatisfaction with the results of its inspection and feasibility review subject to conditions, Assignee shall be conclusively deemed to have provided Notice of termination under this Section 9. Notwithstanding the foregoing or anything to the contrary herein, by this reference Assignee hereby expressly provides written notice to Assignor and Escrow Agent that Assignee elects to waive the aforementioned termination right and elects to proceed with the acquisition of the Assigned Interests.

Feasibility Determination. The physical condition and all other aspects of the Property (including appraisal, environmental, economic and entitlements) shall meet the approval of Purchaser, in Purchaser’s sole judgment and discretion, based upon on-site inspections of the Property, and other investigations and inquiries made by Purchaser or Purchaser’s representatives during the Feasibility Period including, but not limited to, a review of the Lifecare Lease. Seller has heretofore delivered a complete copy of the Lifecare Lease and guaranty thereof, together with all amendments thereto. If Purchaser disapproves the condition or any other aspect of the Property or this transaction as the result of such feasibility study, for any reason or for no reason at all, Purchaser shall notify Seller and the Escrow Agent in writing of such disapproval prior to the termination of the Feasibility Period, and this Agreement shall thereupon be terminated. In that event, the ▇▇▇▇▇▇▇ Money shall be returned to Purchaser and the Escrow Agent shall be authorized to make such disbursements of the ▇▇▇▇▇▇▇ Money without any further joinder or approval of Seller or Purchaser. If Purchaser does not notify Seller and the Escrow Agent in writing prior to the expiration of the Feasibility Period that Purchaser has disapproved the Property and elected to terminate this Agreement as herein provided, then Purchaser shall be deemed conclusively to have waived the right to terminate this Agreement under the provisions of this Section 4.01(b). Seller shall cooperate with Purchaser to make the Property fully accessible to Purchaser and Purchaser’s consultants for purposes of Purchaser’s inspections and tests during the Feasibility Period, subject to the terms and conditions of the Lease.

Feasibility Determination. After said feasibility study has been furnished to the Board, the Board and MANAGER shall jointly determine the size and scope of the Gaming Facility and whether or not to include a Temporary Gaming Facility within the Enterprise. Inclusion of a Temporary Gaming Facility within the Enterprise shall be dependent upon an agreement between MANAGER and the Board with respect to such additional matters as may need to be addressed in order to fully provide for said Temporary Gaming Facility. Construction and operation of the Temporary Gaming Facility shall in no way limit the full term of the Management Agreement for the Gaming Facility. The terms, conditions and provisions of this Section 4.2 shall control and take precedence over any contrary terms, conditions and provisions contained in this Agreement.

Feasibility Determination. The “Feasibility Period” shall commence on the Effective Date hereof and expire twenty-one (21) days thereafter. On or before the expiration of the Feasibility Period, Buyer shall have determined, in its sole discretion, that it is satisfied with the results of any inspections, tests or examinations made of the Property, and any and all other documents or information reasonably requested by ▇▇▇▇▇ relating to the Property. During the Feasibility Period, and upon reasonable notice received from Buyer, Seller shall:

Feasibility Determination. If, during the Due Diligence Period, Purchaser determines that it is not satisfied with the Property for any reason or no reason, in Purchaser's sole and absolute discretion, Purchaser shall have the right to terminate this Agreement by giving Notice (as defined in Section 15) to Seller prior to the expiration of the Due Diligence Period, in which event, the ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser, and neither party shall have any further liability to the other under this Agreement, except for the obligations and indemnities set forth in this Agreement that expressly survive termination (the "Surviving Obligations"). If Purchaser fails to give said Notice, Purchaser shall be deemed to have waived its right to terminate this Agreement as provided in this Section 3(c).