Determination of Priority Sample Clauses

Determination of Priority. The priority for right of access to existing capacity in Ameritech’s Structure will be determined by the actual time that CLEC’s written Structure Access Request, in accordance with paragraphs 7.6.6, 7.7.4, and 7.8.1 below, is received by the ASAC. Structure Access Requests for all parties including Ameritech will be treated in a non- discriminatory manner.
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Determination of Priority. Developer determined the priority of this Reservation stated above as among any other parties submitting reservations for the Home in Developer’s sole discretion based on Developer’s internal criteria. In addition, regardless of the priority stated above, Developer may determine to offer the Home only to a Reservation Holder who intends to occupy the Home as its Primary Residence or Second Home. If this Reservation Holder holds a second or third priority, then Reservation Holder’s right to purchase is conditioned upon the termination of those other reservations with higher priority for the Home. For example, if Reservation Holder has a priority of three, Reservation Holder may enter into a Purchase Agreement for the Home only after those reservation holders with the first and second priorities for the Home are terminated. If there are any reservations that are prior to Reservation Holder’s, and if those prior reservations are terminated, Seller shall notify Reservation Holder in writing and Reservation Holder shall automatically move up in priority unless, at that time, Reservation Holder has a first priority reservation to purchase any other Home in the Community. In that event, Reservation Holder shall only move into first priority for the Home if Reservation Holder terminates its other first-priority reservation within five (5) days after Developer delivers notice requiring Reservation Holder to make such election. Reservation Holder may hold only one first priority reservation at a time. If Reservation Holder does not respond to Developer’s notice within such 5-day period, then Reservation Holder’s reservation for the Home shall automatically terminate without further notice.
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Determination of Priority. In the event that a determination of priority is not agreed upon by the attorneys for the parties, the question of priority, including evidence exchanged by the parties pursuant to Section 5.1, which shall be stipulated to the extent possible, shall, upon declaration, if any, of an interference by the Board of Patent Interference of the PTO, be submitted to the PTO for determination as to priority in accordance with the PTO rules of practice governing interferences, i.e., 37 CFR Sections 1.
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Determination of Priority. Define the impact of the issue on the Customer's Product performance. The impact will aid in the scheduling of the retrofit activity (i.e. high impact items are a priority). This explanation should be included in the impact section in the EC or DCR and carried forward on the NORTEL NETWORKS/AIRVANA Joint Authorization Form in the appropriate location.
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Determination of Priority. The following provisions, C2.1 to C2.5, relate to the determination of priority in the Interference No. 103,704 proceeding.
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Determination of Priority. Section 3.1.
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Determination of Priority. It is mutually understood and agreed that the dispatch of any personnel or equipment in response to a request for assistance shall be subordinate to the needs and responsibilities of the responding fire department as deter ined by its fire chief and that his or herjudgment as to the level of resources which should be withheld in order to respond to any actual or potential requests for assistance or public emergencies within the geographical area regularly served by the responding party shall be conclusive. No violation of this Agreement shall be considered to have occurred if, for any reason, in thejudgment of the responding fire chief, a response to a request for assistance made by the other party to this Agreement mightjeopardize the fire or other protection provided to the geographical area regularly served by the responding party.
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Related to Determination of Priority

  • Preservation of Privilege Nothing contained in this Agreement or any Consent Judgment, and no act required to be performed pursuant to this Agreement or any Consent Judgment, is intended to constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work product protection, or common interest/joint defense privilege, and each Party and Participating Subdivision agrees that it shall not make or cause to be made in any forum any assertion to the contrary.

  • Priority of Security Interest Borrower represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a first priority perfected security interest in the Collateral (subject only to Permitted Liens that are permitted pursuant to the terms of this Agreement to have superior priority to Bank’s Lien under this Agreement). If Borrower shall acquire a commercial tort claim, Borrower shall promptly notify Bank in a writing signed by Borrower of the general details thereof and grant to Bank in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to Bank.

  • Payment of Principal Premium, if any, and Interest; Interest on Overdue Principal; Principal, Premium, if any, and Interest Rights Preserved.

  • Termination of Prior Agreement Upon the effectiveness of this Agreement, the Prior Agreement shall terminate and be of no further force and effect, and shall be superseded and replaced in its entirety by this Agreement.

  • Invalidity of Subordination Provisions, etc Any subordination provision in any document or instrument governing Subordinated Debt, or any subordination provision in any guaranty by any Subsidiary of any Subordinated Debt, shall cease to be in full force and effect, or any Loan Party or any other Person (including the holder of any applicable Subordinated Debt) shall contest in any manner the validity, binding nature or enforceability of any such provision.

  • Prepayment of Principal Mandatory prepayments of principal, if any, of each Series of Notes shall be determined, allocated and distributed in accordance with the procedures set forth in the applicable Series Supplement, if not otherwise described herein.

  • Repayment of Principal Except as otherwise provided herein, the Company will repay the outstanding principal amount of this Note within fourteen (14) Business Days of the Offering Funding Date (the “Maturity Date”). This Note does not bear interest. At the option of the Lender, funds available for repayment of the loan may be held in a Company account, interest free, after the Maturity Date. Such funds shall not be used or otherwise pledged until such time as the Company and Lender have entered into another note.

  • Priority of Security Interests Notwithstanding (i) the time, order, manner or method of creation, attachment or perfection of the respective Security Interests and/or Liens granted to any Secured Party in or on any or all of the property or assets of the Grantors, (ii) the time or manner of the filing of the financing statements reflecting such Security Interests, (iii) whether any Secured Party or any bailee or agent thereof holds possession of any or all of the property or assets of the Grantors, (iv) the dating, execution or delivery of any agreement, document or instrument granting any Secured Party Security Interests and/or Liens in or on any or all of the property or assets of the Grantors and (v) any provision of the UCC or any other applicable law to the contrary, (y) any and all Security Interests, Liens, rights and interests of the Senior Indenture Trustee and/or holders of Senior Notes, whether now or hereafter arising and howsoever existing, in or on any or all of the Collateral, shall be and hereby are subordinated to any and all Security Interests, Liens, rights and interests of the Administrative Agent in and to the Collateral, and (z) any and all Security Interests, Liens, rights and interests of the Junior Indenture Trustee and/or holders of Junior Notes, whether now or hereafter arising and howsoever existing, in or on any or all of the Collateral, shall be and hereby are subordinated to any and all Security Interests, Liens, rights and interests of the Administrative Agent and the Senior Indenture Trustee and/or holders of Senior Notes in and to the Collateral. For purposes of the foregoing allocation of priorities, any claim of a right of setoff shall be treated in all respects as a Security Interest, and no claimed right of setoff shall be asserted to defeat or diminish the rights or priorities provided for herein.

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