Commercially Reasonable Manner definition

Commercially Reasonable Manner or “Commercially Reasonable” means, with respect to a given goal or requirement, the manner, efforts and resources a reasonable person in the position of the promisor would use, in the exercise of its reasonable business discretion and industry practice, so as to achieve that goal or requirement, which in no event shall be less than the level of efforts and resources standard in the industry for comparable companies with respect to comparable products. Factors used to determine whether a goal or requirement has been performed in a “Commercially Reasonable Manner” may include, but shall not be limited to, any specific factors or considerations identified in the Agreement as relevant to such goal or requirement.
Commercially Reasonable Manner means a commercially reasonable, cost-effective method for investigation, remediation, removal, corrective action, containment, monitoring and/or other response action, determined from the perspective of a reasonable business person acting without regard to the availability of indemnification under this Agreement to achieve compliance with Environmental Laws in effect as of the time such actions are being performed (and with respect to the Leased Real Property, to achieve compliance with any Real Property Lease as in effect as of the Closing Date or, if less restrictive, as amended thereafter), including the reasonable use of risk-based remedies, institutional or engineering controls or deed restrictions; provided that such remedies, controls or restrictions do not prevent or inhibit any commercial or industrial use (as applicable) of the Real Property at the time such actions are being performed and provided, further, that, with respect to any Leased Real Property, the applicable lessor consents to any such remedies, controls or restrictions to the extent such consent is required by the relevant Real Property Lease or any Applicable Law.
Commercially Reasonable Manner means a manner which utilizes commercially reasonable methods and costs for Required Remedial Measures permitted by applicable Environmental Laws determined from the perspective of a reasonable business person acting (without regard to the availability of indemnification hereunder) to achieve compliance with applicable Environmental Laws and permits or to satisfy liability under Environmental Laws or to third parties including, without limitation, the use of risk-based remedies, institutional or engineering controls, or deed restrictions, provided such remedies, controls or restrictions do not unreasonably interfere with Buyer’s continued use of the Real Property.

Examples of Commercially Reasonable Manner in a sentence

Good Faith and Commercially Reasonable Manner Any exercise of discretion by the Issuer under these Conditions will be made in good faith and in a commercially reasonable manner.

Seller shall determine the number and extent of Planned Outages in a Commercially Reasonable Manner recognizing that it is the intent of the Parties to maximize production of the Facility and to such extent Seller shall be excused from providing the Product during such Planned Outage(s).

Buyer and Seller shall negotiate in good faith and in a Commercially Reasonable Manner to agree upon procedures pursuant to which Seller shall test the Meters from time to time.

All such amounts shall be determined by Buyer in good faith and in a Commercially Reasonable Manner, and Buyer shall provide Seller with a reasonably detailed calculation of the Termination Payment due under this Section 9.3(b)(iii).

If the Non-Defaulting Party establishes an Early Termination Date, then the Non-Defaulting Party shall calculate its Gains or Losses and Costs resulting from the termination as of the Early Termination Date, in a Commercially Reasonable Manner.

The Party claiming Force Majeure shall act in a Commercially Reasonable Manner to remedy the Force Majeure as soon as practicable and shall keep the other Party advised as to the continuance of the Force Majeure event.

If any such obligation is unascertained, the Non-Defaulting Party may in a Commercially Reasonable Manner estimate that obligation and set-off in respect of the estimate, subject to the relevant Party providing an accounting and true-up to the other Party after the amount of the obligation is ascertained.

All such amounts shall be determined by Seller in good faith and in a Commercially Reasonable Manner, and Seller shall provide Buyer with a reasonably detailed calculation of the Termination Payment due under this Section 9.3(b)(iv).

Any such modification shall be implemented by Company in a Commercially Reasonable Manner and shall be applied to the Facility and Company’s own generating assets on a non-discriminatory basis.

Seller shall act in a Commercially Reasonable Manner to maximize the output of the Facility in a safe manner to generate the Product and to minimize the occurrence, extent, and duration of any event adversely affecting the generation of the Product, in each case consistent with Prudent Utility Practice.


More Definitions of Commercially Reasonable Manner

Commercially Reasonable Manner means methods that are reasonably estimated to mitigate costs (from the perspective of a reasonable business person acting without regard to the availability of indemnification hereunder) for performing a particular Remedial Action, taking into account the industrial uses of any real property, to achieve compliance with (and in a manner consistent with) Legal Requirements related to Remedial Action and Hazardous Materials or an order or determination by a Governmental Authority or judgment in connection with an Action brought by an unaffiliated third party, it being understood that such Commercially Reasonable Manner shall include, where appropriate, risk-based remedies or remedial standards, institutional or engineering controls or deed restrictions on real property.
Commercially Reasonable Manner means a public sale of the
Commercially Reasonable Manner means a public sale of the personal property in the self-storage space. The personal property may be sold in the owner's discretion on or off the self-service storage facility site as a single lot or in parcels. If five or more bidders are in attendance at a public sale of the personal property, the proceeds received are deemed to be commercially reasonable.
Commercially Reasonable Manner means a reasonable and cost-effective method available under the circumstances determined (x) from the perspective of a reasonable business person (acting without regard to the availability of indemnification under this Agreement) to meet the requirements of any applicable Environmental Law or to meet the demands of any applicable Governmental Authority or as required by any judicial or administrative resolution, order or settlement agreement of a Third Party Claim, it being understood that such Commercially Reasonable Manner may include, where appropriate, the use of engineering or institutional controls and a deed or other restriction, so long as such control or restriction would be acceptable to a reasonable business person (acting without regard to the availability of indemnification under this Agreement), does not materially limit the use of the relevant property for industrial or commercial activities and so long as such control or restriction is acceptable to the Governmental Authority with primary jurisdiction over the matter.
Commercially Reasonable Manner means the use of efforts, expertise and resources normally used by CVT for a product or compound owned by it or to which it has rights, which, as compared with Regadenoson, is of similar market potential at a similar stage in its development or product life, taking into account all reasonable relevant factors affecting the cost, risk and timing of development and the total potential of the compound or product, all as measured by the facts and circumstances at the time such efforts are due.

Related to Commercially Reasonable Manner

Commercially Reasonable Efforts means, with respect to the objective that is the subject of such efforts, such reasonable, good faith efforts and resources as a similarly-situated (including in relation to size and personnel and other resources) company within the pharmaceutical industry would normally use to accomplish a similar objective under similar circumstances, it being understood and agreed that, with respect to the Development and Commercialization of a Product by Adapt, such efforts shall take into account the Product’s safety and efficacy, its cost to Develop, the competitiveness of alternative products marketed by or being developed by Third Parties and the nature and extent of market exclusivity (including Patent coverage and regulatory exclusivity), the likelihood of obtaining Regulatory Approval, the expected or actual pricing, reimbursement and formulary status, the Product’s expected or actual profitability, including the amounts of marketing and promotional expenditures with respect to such Product and all other relevant factors with respect to the market for the Product, on a country-by-country basis.