Final Offer. If Customer does not accept the 60-Day Offer, then Citizens will cause its contractor to perform the Work only if Customer accepts the Final Offer and makes the Final Offer Payment. The "Final Offer" means accepting the offer before the "Final Offer Date," which is scheduled to be November 9, 2022. The "Final Offer Payment" means (i) the Two Thousand Seven Hundred Thirty-Nine Dollars ($2,739.00) described in the 60-Day Offer, plus (ii) an additional Five Hundred Dollars ($500) as the direct pass-through cost to Citizens for having its contractor perform the Work after the 60-Day Offer and before the Final Offer Date. Citizens' contractor will not perform the Work until Customer has made the $500 portion of the Final Offer Payment and selected one of the two payment options sub-section C. for the $2,739 portion.
Final Offer. If the Parties fail to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Guaranteed Completion Date(s), Design-Builder, at any time, may request in writing a final offer from Owner. Owner shall provide its written response within thirty (30) days of Design-Builder’s request. Owner also may provide Design-Builder with a final offer at any time. If Design-Builder rejects Owner’s final offer, or the Parties are unable to reach agreement, Design-Builder’s only remedy shall be to file a Claim in accordance with this Article 11.
Final Offer. Increase of Generation Entitlement Shares and Cost Shares; Replacement of Appendices A and B:
Final Offer. In the event the Secretary and a participating Indian tribe are unable to agree, in whole or in part, on the terms of a compact or funding agreement (including funding levels), the Indian tribe may submit a final offer to the Secretary. Not more than 45 days after such submission, or within a longer time agreed upon by the Indian tribe, the Secretary shall review and make a de- termination with respect to such offer. In the absence of a timely rejection of the offer, in whole or in part, made in compliance with sub- section (c) of this section, the offer shall be deemed agreed to by the Secretary.
Final Offer a. If Xxxxxx has ordered a Tesla Vehicle and he has requested an offer on his Trade-in Vehicle, Tesla will provide Seller a revocable Final Offer, subject to the Seller providing all required information regarding the Trade-in Vehicle.
Final Offer. 6.1 Following collection of the Devices, we will perform an assessment of the condition of the Devices. Each Device will be individually inspected and classified Graded by us as
Final Offer. If the Parties fail to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Price or Contract Time, Design-Builder, at any time, may request in writing a final offer from Owner/DES. Owner/DES shall provide its written response within thirty
Final Offer a. In order to request a Trade-in offer from Tesla, Seller must set up a personal user account online on Tesla’s website (“Tesla Account”).
Final Offer. If the Parties cannot promptly choose one Party’s Final Offer to apply to the Inotersen Buy-Out, then either Party shall at any time have the right, upon written notice to the other Party (a “Valuation Notice”), to engage one (1) independent, impartial and neutral Third Party valuation expert (a “Valuation Expert”) to determine which Party’s Final Offer shall apply to the Inotersen Buy-Out. The Valuation Expert shall be mutually agreed to by the Parties; provided that if the Parties cannot agree on one (1) Valuation Expert within [***] after a Party provides the other party with a Valuation Notice, then each Party shall select one (1) Third Party Valuation Expert and those two (2) Third Party Valuation Experts will select the one (1) Valuation Expert within [***] thereafter, which one (1) Valuation Expert selected shall determine which Party’s Final Offer shall apply to the Inotersen Buy-Out; provided further that any selected Valuation Expert shall not be a current or former employee, officer, director, consultant or subcontractor of either Party or any of its Affiliates. The Parties shall use their best efforts to cooperate in good faith and cause the Valuation Expert to be retained as soon as possible after the selection of such Valuation Expert after a Party provides the other Party with a Valuation Notice. ActiveUS 169009360v.1 Confidential
