Managing Party Sample Clauses

Managing Party. (a) With respect to any Shared Gain or Shared Liability, either HII or New NGC shall be the “Managing Party.” With respect to any Shared Gain identified on Schedule 1.1(a)(2) or any Shared Liability identified on Schedule 1.1(a)(1), the Managing Party shall be the party with the higher Applicable Proportion as set forth on such Schedule, and, with respect to specified Shared Actions under the Litigation Management Agreement, the Managing Party shall be as set forth therein. In all other cases, the Managing Party shall be selected by the Allocation Committee in accordance with Sections 6.1(b) and 6.2. (b) In determining which party shall be the Managing Party, the Allocation Committee shall consider as the primary factor in such a determination which party is subject to the greater financial, operational and reputational risk or exposure in connection with such Shared Gain or Shared Liability, including the relative Applicable Proportion of each Group with respect to such Shared Gain or Shared Liability. The Allocation Committee shall also consider such other factors as the Allocation Committee deems appropriate, including if applicable, which party has control over the potentially relevant documentation and possible witnesses with respect to such Shared Gain or Shared Liability.

Managing Party. If the issue has not been resolved for any reason as of the expiration of the Shared Historical DuPont Escalation Discussion Period, then such matter shall be resolved pursuant to and in accordance with the dispute resolution provisions set forth in Article X.

Managing Party. The managing party of joint operations shall be UNIMAG. UNIMAG shall oversee the operations of the Merging Company, in conjunction with the present ownership of the Merging Company, as if the Merging Company were already a subsidiary of UNIMAG. All decisions made by UNIMAG with respect to the operations of the Merging Company will be submitted to "The Merger Board" (hereinafter referred to as TMB) for final approval prior to implementation. TMB shall consist of the following individuals, or their designees:

Managing Party. If Customer enters into a contract with a third party in which the third party manages Customer’s information technology resources (“Managing Party”), Customer may transfer all of its rights to use the Software to such Managing Party, provided that (a) the Managing Party only uses the Software for Customer’s internal operations and not for the benefit of another third party or the Managing Party; (b) the Managing Party agrees to comply with the terms and conditions of this Agreement, and (c) Customer provides McAfee with written notice that a Managing Party will be using the Software on Customer’s behalf.

Managing Party. If you enter into a contract with WARRANT OR GUARANTEE THAT THE portable workstations connected or connecting to the server(s) or network.

Managing Party. If you enter into a contract with a third party in which the third party manages your information technology resources (“Managing Party”), you may transfer all your rights to use the Software to such Managing Party, provided that (a) the Managing Party only uses the Software for your internal operations and not for the benefit of another third party or the Managing Party; (b) the Managing Party Warranty will not apply if: (i) the Software is not used in accordance with this Agreement or the Documentation; (ii) the Software or any part thereof has been modified by any entity other than McAfee; or (iii) a malfunction in the Software has been caused by any equipment or software not supplied by McAfee.

Managing Party. If Customer enters into a contract with a third party in which the third party manages Customer’s information technology resources (“Managing Party”), Customer may transfer installation, operation, and maintenance responsibilities to such Managing Party, provided that (a) Customer maintains current maintenance and upgrade coverage, to be paid in advance annually, (b) the Managing Party only uses the Software for Customer’s internal operations and not for the benefit of another third party or the Managing Party; (c) the Managing Party agrees to comply with the terms and conditions of this Agreement, and (d) Customer provides SDS with written notice that a Managing Party will be using the Software on Customer’s behalf.

Managing Party. The managing party of joint operations shall be UNIMAG. UNIMAG shall oversee the operations of The Merging Company, in conjunction with the present ownership of The Merging Company, as if The Merging Company were already a subsidiary of UNIMAG. All decisions made by UNIMAG with respect to the operations of The Merging Company will be submitted to "The Merger Board" (hereinafter referred to as TMB) for final approval prior to implementation. TMB shall consist of the following individuals, or their designees: Rich▇▇▇ ▇▇▇▇▇, ▇▇. Rona▇▇ ▇. ▇▇▇▇▇▇▇ 2 3 The managing party shall be vested with the authority to do all things necessary and proper to carry out the responsibilities outlined above and the overall intent of this Agreement.