Omitted Materials Sample Clauses

Omitted Materials. If DFS discovers and determines in good faith, within eighteen (18) months after the Effective Date, that any Data that should have been delivered or transferred to DFS pursuant to the DSP was not so delivered or transferred as of the Effective Date (such data, “Potentially Omitted Data”), DFS may provide a written request to RRD describing the Potentially Omitted Data and an explanation (with a reasonable level of detail) as to why such Potentially Omitted Data should have been delivered and transferred to DFS pursuant to the DSP. RRD agrees to consider any such request in a timely manner, and if RRD agrees in good faith that such Potentially Omitted Data should be delivered and transferred to DFS pursuant to the DSP, then RRD shall deliver and transfer such Potentially Omitted Data to DFS within a reasonable time. If RRD determines in good faith that Potentially Omitted Data should not, pursuant to the DSP, be delivered and transferred to DFS, then RRD shall provide to DFS within a reasonable time written notification of such good faith determination, and any continued dispute between the Parties with respect to the correct or erroneous transfer or delivery of Potentially Omitted Data shall be governed under dispute resolution provisions of ARTICLE VIII. This Section 2.2 and ARTICLE VIII state the sole and exclusive remedies of DFS (or any of its Group Companies) for any failure by RRD or any of its Group Companies to transfer or deliver any Data to DFS pursuant to Section 2.1 hereof.
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Related to Omitted Materials

  • REDACTED It currently intends for one or more classes of shares (each, a "Class") to make payments to finance its distribution expenses, including service fees, pursuant to a plan ("Plan") adopted under rule 12b-1 under the 1940 Act ("Rule 12b-1"), although it may determine to discontinue such practice in the future. To the extent that any Class of the Trust finances its distribution expenses pursuant to a Plan adopted under rule 12b-1, the Trust undertakes to comply with any then current SEC interpretations concerning rule 12b-1 or any successor provisions.

  • Certain Information The Company agrees to provide Holder at any time and from time to time with such information as Holder may reasonably request for purposes of Holder’s compliance with regulatory, accounting and reporting requirements applicable to Holder.

  • Omitted Section 4.12

  • Stored Materials Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.

  • CONFIDENTIAL TREATMENT REQUESTED Confidential portions of this document have been redacted and have been separately filed with the Commission.