Phase II Notice definition

Phase II Notice shall have the meaning set forth in Section 7.3 of this Agreement.

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Phase II Notice means notice to Settlement Class Members of the Certification and Court approval of the Settlement Agreement, and the process for opting out.

Phase II Notice shall have the meaning set forth in Section 7.3 of this Agreement. “Phase I Portion” shall have the meaning set forth in Exhibit A to this Agreement. “Phase II Portion shall have the meaning set forth in Exhibit A to this Agreement. “Phase II Prepayment” shall have the meaning set forth in Section 7.3 of this Agreement.

Examples of Phase II Notice in a sentence

• Upon issuance of the Phase II Notice, Company shall suspend performance of the Company Work pending Company’s receipt of a Notice to Proceed (as defined below) from Customer.

• In the event that Customer does not deliver either a Notice to Proceed or a Convenience Termination Notice on or before thirty (30) Days following the date of the Phase II Notice, this Agreement shall be deemed terminated for convenience by Customer.

• Promptly following issuance of the Phase II Notice, Customer shall determine whether it wishes to (a) deliver an unconditional written direction to Company to commence and complete performance of the Phase II Portion of the Company Work accompanied by payment in full of the invoiced Phase II Prepayment amount (“Notice to Proceed”) or (b) terminate this Agreement for convenience by delivering a written notice thereof to Company (“Convenience Termination Notice”).

• The Director and Engineer shall agree in writing to a Negotiated Lump Sum fee for each Construction Package prior to issuance of the Phase II Notice to Proceed.

• The Phase II Notice shall include an invoice for the Phase II Detailed Engineering Prepayment.

More Definitions of Phase II Notice

Phase II Notice. Upon the Approval Date, Class Counsel shall implement the Phase II Notice attached hereto as Schedule “D”, in the manner provided in the Notice Plan at Schedule “A”, using the forms of Notice approved by the Court.

Phase II Notice has the meaning set forth in Section 5.5.3(b).

Phase II Notice means the form of notice, attached as Schedule “C” to the Draft Order Approving Certification and Settlement (Schedule “B” to this Agreement), informing the Class of the: (i) Certification; (ii) Settlement Agreement, and informing them they can visit Class Counsel’s website to read the Settlement Agreement; (iii) Opt-Out Procedure and the Opt-Out Deadline; and (iv) Class Counsel Fee, Class Counsel Disbursements, and Representative Plaintiff Honorarium;

Phase II Notice means the notice, a form of which is attached as Schedule “C”, to be approved by the Court and provided to Settlement Class Members in accordance with the notice plan at Schedule “D” (subject to Court approval), that notifies them of the approval of the Settlement Agreement and will be provided together with their Individual Payment;

Phase II Notice means a written notice prepared by Buyer that includes: (i) a description of the necessity of the performance of a Phase II for any particular parcel(s) of the Real Property, together with a copy of the Phase I for the particular parcel(s) and all related documentation; (ii) the proposed contractor chosen by Buyer to perform the Phase II with documentation showing that the contractor is reasonably competent to perform the Phase II; (iii) a specific proposed Phase II work plan prepared by a qualified environmental professional; and (iv) an executed Access and Confidentiality Agreement in a form to be reasonably agreed to by the Parties.

Phase II Notice. The Phase II Notice shall include the following information: a description of the scope and parameters for such Phase II Testing, the proposed date(s) for conducting the Phase II Testing, the estimated date by which the results of such Phase II Testing are anticipated to be received by ▇▇▇▇▇ and Donor, and the name of the contractor(s) performing the Phase II Testing. If Donee issues a Phase II Notice to Donor, then the Donor and Donee shall cooperate and negotiate in good faith concerning an extension of the Investigation Period that is necessary for completion of the Phase II Testing prior to Closing. The parties shall cooperate to determine the appropriate manner of addressing any contamination discovered by the Phase II Testing that violates applicable Hazardous Waste Laws (as defined herein). DRAFT

Phase II Notice as defined in Section 5.18(c). "Physical Inspection Deadline"—as defined in Section 5.10.