Constructive changes Sample Clauses

Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment;; and administers how the services on Customer’s IT infrastructure are performed;;
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Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) LogRhythm may undertake a course of action under this engagement which was unforeseen at the time the PSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing LogRhythm’s manner, method, or scope of work, increases LogRhythm’s cost or schedule to perform; (c) should LogRhythm’s cost or schedule to perform so increase, LogRhythm will have the right to an equitable adjustment to the price, schedule, and/or terms of the PSA for such changes even if these changes have not been submitted through the Project Change Process set forth in Section 4.
Constructive changes. 7.3.1 To the extent that Contractor: (i) receives a written or verbal direction or proceeding from UTA that Contractor believes to constitute a material change to the nature, character or schedule of the Work; and/or (ii) becomes aware of any circumstance or condition that expressly provides Contractor a right to a Change Order under the terms of the Contract Documents, then (in either case) Contractor shall deliver to UTA’s Project Manager written notice (hereinafter a “Potential Change Notice”) within ten (10) Days after Contractor becomes aware of (or should have reasonably become aware) the facts and circumstances which Contractor believes to give rise to a Change Order.
Constructive changes. Swimlane and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) Swimlane may undertake a course of action under this engagement which was unforeseen at the time the ICSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing Swimlane’s manner, method, or scope of work, increases Swimlane’s cost or schedule to perform; (c) should Swimlane’s cost or schedule to perform so increase, Swimlane shall have the right to an equitable adjustment to the price, schedule, and/or terms of the ICSA for such changes even if these changes have not been submitted through the Project Change Process set forth in Section 4.
Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) LogRhythm may undertake a course of action under this engagement which was unforeseen at the time the PSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing LogRhythm’s LogRhythm, Inc. - Confidential 13 manner, method, or scope of work, increases LogRhythm’s cost or schedule to perform; (c) should LogRhythm’s cost or schedule to perform so increase, LogRhythm shall have the right to an equitable adjustment to the price, schedule, and/or terms of the PSA for such changes even if these changes have not been submitted through the Project Change Process set forth in Section 4.
Constructive changes. − Any written order (including instruction, interpretation, determination, authorization or approval) from the Owner or Professional that causes a change in the Contract Documents shall constitute a change in the Work, provided the Contractor or the Owner gives prompt, written notice of a change to the other (with copy to the Professional) stating the date, circumstances and source of the change.
Constructive changes. 43 7.5 Disputes with Respect to Changes............................................................. 43 7.6
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Constructive changes. Contractor shall promptly notify Owner if it believes any written instruction by Owner (a "Constructive Change") entitles Contractor to an equitable adjustment of the Contract Price or the Contract Summary Schedule, Contract Detailed Schedule, Schedule of Values, Guaranteed Substantial Completion Dates, Early Completion Dates (subject to the limitations set forth in Section 10.1.3), or Guaranteed Final Completion Date, which notice shall be accompanied by a statement of the basis for its belief and supporting documentation therefor, including a Change Order Request relating to such potential Constructive Change.

Related to Constructive changes

  • Constructive Termination The Executive may terminate his employment for Constructive Termination.

  • Potential Change in Control A “Potential Change in Control” shall exist during any period in which the circumstances described in paragraphs (a), (b), (c) or (d), below, exist (provided, however, that a Potential Change in Control shall cease to exist not later than the occurrence of a Change in Control):

  • Ownership Changes Without regard to this Agreement, neither the Company nor any of its Subsidiaries has undergone an “ownership change” within the meaning of Section 382 of the Code.

  • Change in Ownership Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower.

  • Ownership Change Any Person, other than an ERISA-regulated pension plan established by the Company or an Affiliate, makes an acquisition of Outstanding Voting Stock and is, immediately thereafter, the beneficial owner of 30% or more of the then Outstanding Voting Stock, unless such acquisition is made directly from the Company in a transaction approved by a majority of the Incumbent Directors; or any group is formed that is the beneficial owner of 30% or more of the Outstanding Voting Stock (other than a group formation for the purpose of making an acquisition directly from the Company and approved (prior to such group formation) by a majority of the Incumbent Directors); or

  • Change in Effective Control A Change in Effective Control occurs if, over a twelve (12) month period: (i) a person or group acquires stock representing thirty percent (30%) of the voting power of the corporation; or (ii) a majority of the members of the board of directors of the ultimate parent corporation is replaced by directors not endorsed by the persons who were members of the board before the new directors’ appointment, as defined in Treasury Regulations §1.409A-3(i)(5)(vi).

  • Deferral Pending Change in Control The obligation of the Company to prepay Notes pursuant to the offers required by subparagraph (b) and accepted in accordance with subparagraph (d) of this Section 8.7 is subject to the occurrence of the Change in Control in respect of which such offers and acceptances shall have been made. In the event that such Change in Control does not occur on the Proposed Prepayment Date in respect thereof, the prepayment shall be deferred until and shall be made on the date on which such Change in Control occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Change in Control and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Change in Control have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.7 in respect of such Change in Control shall be deemed rescinded).

  • Change in Ownership of the Company A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

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