IN THE EVENT THAT. 3.3.1 the parties agree to a determination in accordance with PIRRS, the parties shall refer the determination of the Revised Rent to PIRRS and any such rent determined by PIRRS shall be the Revised Rent for the purposes of this lease; or
IN THE EVENT THAT a Problem Occurs In the event that a problem occurs that is not provided for by the above provisions it shall be resolved by mutual agreement of the parties hereto.
IN THE EVENT THAT. THE PARTIES ARE UNABLE TO AGREE AS TO THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN OR ADDITION TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASIS, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORK, BASED UPON THEIR OWN ESTIMATES, THE CM'S SUBMISSION OR A COMBINATION THEREOF, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPE. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDER. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORK, WHICH IS THE SUBJECT OF SUCH CHANGE ORDER. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTEST, SHALL NOT RELIEVE THE CM FROM PERFORMING THE CHANGE IN THE WORK PROMPTLY AND EXPEDITIOUSLY.
IN THE EVENT THAT. ALL OF THE FUNDS ALLOCATED FOR THE CM’S GENERAL CONDITIONS (EXCLUDING BONDS AND INSURANCE) ARE NOT USED, THE CM SHALL RETAIN ALL OF THOSE FUNDS.
IN THE EVENT THAT. THERE ARE UNUSED ALLOWANCES OR OTHER COST OF WORK FUNDS, ALL OF THOSE FUNDS, PLUS THE ASSOCIATED CM FEE, SHALL BE RETAINED BY THE OWNER.
IN THE EVENT THAT. (1) BellSouth designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) BellSouth acknowledges or a state or federal regulatory body with authority determines that, at the time BellSouth designated such wire center as non- impaired, such wire center did not meet the FCC’s non-impairment criteria, then upon request of CLEC, BellSouth shall transition to UNEs any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances, BellSouth shall refund CLEC the difference between the rate paid by CLEC for such services and the applicable UNE rate, including but not limited to any charges associated with the unnecessary conversion from
IN THE EVENT THAT. Sterling Shall Be Liable To BASF For Any Matter Relating To The Quantity Or Quality Of Any Products Delivered By Sterling To BASF Hereunder, Whether Based Upon An Action Or Claim In Contract, Equity, Negligence Or Otherwise, The Amount Of Damages Recoverable By BASF For All Events, Acts Or Omissions Will Not Exceed, In The Aggregate, An Amount Equal to ***; Provided, However, That Such Limitation Shall Not Apply To Any Liability For Which ***.
IN THE EVENT THAT. BOCRA OR A BOCRA RELATED PARTY TAKES ACTION WITH RESPECT TO A .bw DOMAIN NAME PURSUANT TO SECTION 0, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY XXXXX, A BOCRA RELATED PARTY, BY OR THROUGH THE BOCRA COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT XXXXX AND BOCRA RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF BOCRA OR BOCRA RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF BOCRA OR BOCRA RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.
IN THE EVENT THAT. A COURT IN THE TERRITORY DOES NOT ENFORCE OR RECOGNISE: (A) THE CHOICE OF LAW PROVISIONS IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION IN SECTION 6.10 (GOVERNING LAW) (COLLECTIVELY THE “COL PROVISIONS”) OR (B) THE LIMITATION OF LIABILITY PROVISIONS WHICH ARE APPLICABLE TO ALT-N IN ANY AGREEMENT INCLUDING WITHOUT LIMITATION, IN THIS AGREEMENT OR IN ALT-N’S LICENSES IN PART OR IN FULL (COLLECTIVELY THE “LOL PROVISIONS”), RESELLER AGREES TO DEFEND AND INDEMNIFY ALT-N AGAINST ANY AND ALL LOSSES, DAMAGES, FINES, SEIZURES, COSTS AND OTHER EXPENSES (INCLUDING REASONABLE LAWYER’S FEES AND DISBURSEMENTS) THAT ALT-N MAY SUFFER AS A RESULT OF ALT-N’S INABILITY TO ENFORCE OR EXERCISE THE LOL PROVISIONS AND/OR COL PROVISIONS INCLUDING WITHOUT LIMITATION ALT-N’S INABILITY TO DEFEND AGAINST SUCH PROCEEDING, ACTION OR CLAIM ON THE BASIS OF THE LOL PROVISIONS AND/OR COL PROVISIONS, EITHER IN PART OR FULL. FOR CLARITY, THIS SECTION 6.18 DOES NOT LIMIT OR IN ANY MANNER FORECLOSE ALT-N’S ENTITLEMENT TO ANY OTHER DAMAGES OR FOR ANY OTHER RELIEF.
IN THE EVENT THAT bid specifications or the Employer's project contract provide for the payment of wage rates exceeding those set forth in the Agreement, classifications covered by the Agreement shall receive such higher wage rate, but in no event shall Employees covered by this Agreement receive wage rates less than those provided in this Agreement. All subcontract work performed for the Employer on such projects will be subject to the same terms and working conditions.
