Pending Waivers Sample Clauses

Pending Waivers. Waivers of or deviations from the Performance Specification applicable to any Deliverable Item subject to Acceptance inspection pursuant to this Article 13 shall be addressed in the same manner as set forth in Article 9.4.
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Pending Waivers. Any pending waiver requests, or any circumstances which Contractor reasonably believes will result in a Contractor request for waiver or deviation from, provisions(s) of the performance specifications applicable to a Spacecraft or other related Deliverable Item shall be submitted to Customer and *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934. resolved prior to the commencement of the applicable SPSR.
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Pending Waivers. Waivers for deviations from the Performance Specification for Deliverable Items shall be submitted to Purchaser promptly as and when they occur. Any waivers still pending at the time of pre- shipment inspection shall be presented to Purchaser at the commencement of the pre-shipment inspection. The Parties shall negotiate mutually agreeable consideration for approval of any waivers. Shipment of Satellites is contingent upon all waivers being approved by Purchaser, and the Performance Specification, as modified by any waivers approved by Purchaser, shall constitute the performance baseline of the applicable Satellite for purposes of Acceptance and the determination of damages and Orbital Performance Incentives.
Sample 1
Pending Waivers. Waivers for deviation of Deliverable Items (other than Satellites) from the Performance Specification shall be submitted to Purchaser promptly as and when they occur. Any waivers still pending at the time of acceptance inspection shall be presented to Purchaser. The Parties shall negotiate mutually agreeable consideration for approval of any waivers. Acceptance of any Deliverable Items (other than Satellites) is contingent upon all waivers being approved by Purchaser.
Sample 1
Pending Waivers. Waivers for deviations from Exhibit B or Exhibit B-1, as applicable, for Satellites to be Delivered hereunder shall be submitted to Purchaser promptly as and when they occur. Any waivers still pending at the time of final inspection shall be presented to Purchaser at the commencement of the final inspection. Purchaser shall not be required to approve any waivers, but Purchaser shall not unreasonably withhold its consent to any waiver request. The Parties shall negotiate mutually agreeable consideration for those waivers that are approved by Purchaser. In the event that reasonable consideration for Use or disclosure of the data contained on this page is subject to the restriction on the title page of this volume. any waiver(s) is not mutually agreed to by the Parties, Purchaser may grant waiver(s) (thereby allowing Acceptance of the Satellite(s) to occur), which waiver shall not constitute a waiver of the dollar value dispute associated with it, and submit the dispute to be resolved in accordance with Article 25, provided that Purchaser may not submit any waiver dispute to arbitration for an amount in which the Parties differ by more than [*******************************] as to the appropriate reduction, if any, in the price in consideration of such waiver. Exhibit B or Exhibit B-1, as applicable, as modified by any waivers approved by Purchaser, shall constitute the performance baseline of the applicable Satellite for purposes of Acceptance.
Sample 1

Related to Pending Waivers

  • Certain Waivers Each Guarantor waives (a) any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of any Secured Party) of the liability of the Borrower or any other Loan Party; (b) any defense based on any claim that such Guarantor’s obligations exceed or are more burdensome than those of the Borrower or any other Loan Party; (c) the benefit of any statute of limitations affecting any Guarantor’s liability hereunder; (d) any right to proceed against the Borrower or any other Loan Party, proceed against or exhaust any security for the Secured Obligations, or pursue any other remedy in the power of any Secured Party whatsoever; (e) any benefit of and any right to participate in any security now or hereafter held by any Secured Party; and (f) to the fullest extent permitted by law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties. Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Secured Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Secured Obligations.

  • CONSENTS, AMENDMENTS, WAIVERS, ETC Any consent or approval required or permitted by this Credit Agreement to be given by the Banks may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any of its Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Notes (other than interest accruing pursuant to (S)6.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), the amount of the Commitments of the Banks (other than increases which are contemplated by (S)20.1.2 hereof), and the amount of the Commitment Fee or Letter of Credit Fees hereunder may not be reduced without the written consent of the Borrower and the written consent of each Bank affected thereby; the Revolving Credit Loan Maturity Date and the Term Loan Maturity Date may not be postponed, no date fixed for payment may be postponed and the amount of any scheduled payment may not be reduced without the written consent of each Bank affected thereby; this (S)27 and the definition of Majority Banks may not be amended, without the written consent of all of the Banks; all or substantially all of the Collateral (except if the release or disposition of such Collateral is permitted or provided for in the provisions of (S)10.5.2 hereof) may not be released without the written consent of all of the Banks; and the amount of the Agent's Fee or any Letter of Credit Fees payable for the Agent's account and (S)16 may not be amended without the written consent of the Agent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

  • Certain Additional Waivers Each Guarantor agrees that such Guarantor shall have no right of recourse to security for the Obligations, except through the exercise of rights of subrogation pursuant to Section 4.02 and through the exercise of rights of contribution pursuant to Section 4.06.

  • Consents; Waivers No consent, waiver, approval or authority of any nature, or other formal action, by any Person, not already obtained, is required in connection with the execution and delivery of this Agreement by the Company or the consummation by the Company of the transactions provided for herein and therein.

  • Company Waivers Except as otherwise specifically provided herein, the Company and all others that may become liable for all or any part of the obligations evidenced by this Note, hereby waive presentment, demand, notice of nonpayment, protest and all other demands and notices in connection with the delivery, acceptance, performance and enforcement of this Note, and do hereby consent to any number of renewals of extensions of the time or payment hereof and agree that any such renewals or extensions may be made without notice to any such persons and without affecting their liability herein and do further consent to the release of any person liable hereon, all without affecting the liability of the other persons, firms or Company liable for the payment of this Note, AND DO HEREBY WAIVE TRIAL BY JURY.

  • RELEASES AND WAIVERS Each of the releases and waivers enumerated in this Article 5 shall become effective only upon the Closing of the contribution and exchange of the Participating Entity Interests pursuant to Articles 1 and 2 herein.

  • JURY TRIAL WAIVER; OTHER WAIVERS AND CONSENTS; GOVERNING LAW 11.1 Governing Law; Choice of Forum; Service of Process;

  • Amendments, Waivers, Etc This Agreement may not be amended, changed, supplemented, waived or otherwise modified or terminated, except upon the execution and delivery of a written agreement executed by the parties hereto.

  • Amendments; Waivers; Consents No modification, amendment or waiver of, or with respect to, any provision of this Agreement or the Related Documents, shall be effective unless it shall be in writing and signed by each of the parties hereto. This Agreement, the Related Documents and the documents referred to therein embody the entire agreement among the Seller, the Subservicer, the Purchaser and the Master Servicer, and supersede all prior agreements and understandings relating to the subject hereof, whether written or oral.

  • Amendments; Waivers No provision of this Agreement may be waived or amended except in a written instrument signed, in the case of an amendment, by the Company and each Purchaser or, in the case of a waiver, by the party against whom enforcement of any such waiver is sought. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.

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