Specific Performance remedy

France. Trade secret protection per se does not exist in Franee. However, the combined protection afforded to manufacturing secrets, commercial secrets, and "know-how is similar to trade secret protection. To be eligible for such protection, the information must not be known by others in Franee (287). Manufacturing secrets must actually be used, or be ready for immediate use, in industry thus, ongoing research and development information or data may not qualify as a manufacturing secret. Protection is also afforded to know-how technical information that will ultimately be used in industry may be protected as know-how. Commercial secrets include commercial and financial information. Remedies for improper use include damages, injunctions, and specific performance. 

Enforcement of contracts occurs under civil law. When one party fails to live up to his or her part of the contract, the other party may attempt to enforce the terms of the contract by bringing a lawsuit. The courts may require an award of money or may force a party in the contract to perform the promise specified. This remedy, known as specific performance, may be necessary when a monetary remedy would be insufficient to compensate for the unique requirements of... 

The interface between detailed design and the start of the D D field activities is the approval of CD-3, and generally involves a major readiness review, or "ORR." The review provides consensus, commitment, and common direction within the entire D D matrix team, ft verifies that the procedures, personnel, and equipment are in a condition to begin the field remediation work (construction). A review at the end of definitive design is specifically performed to... 

It is possible for the court to grant Specific Performance as a remedy whereby one party is ordered to complete his part of the contract. The remedy is discretionary and little used outside of land sales. It will not be granted where the contract is one of personal services, e.g. in a contract of employment. Although an industrial tribunal may order reinstatement of an employee following an unfair dismissal, such a remedy cannot be enforced against an unwilling employer and his refusal will merely be reflected in the compensation awarded to the former employee. 

Where a specific incident leading to safety, quality or production problems has occurred, the plant management may wish to perform a very focused intervention. This will be directed at identifying the direct and underlying causes of the problem, and developing an appropriate remedial strategy. The process for performing an analysis of this type is described in the incident analysis section of Chapter 6. 

As shown in Table 24.3, performance data were available for all 323 of the MTBE remediation projects in the dataset. However, most of these projects with performance data are ongoing. To evaluate the performance of specific technologies and projects, 105 completed projects with performance data were identified, along with the minimum, median, and maximum of the highest... 

After a performance requirement has been established for remediating a particular landfill, any remedial alternative meeting that requirement can be selected and applied. Site-specific requirements are discussed in more detail in Refs. 8 and 13. 

From the four case studies several suggestions for improvement were made, according to the identified latent conditions and specific precursors. However, the implementation and validation of these suggestions was not performed and are recognised as steps still missing in the final validation of the 7-stage protocol. The analysis was performed in close co-operation with company employees and the remedies implemented were derived together with the employees. As Schein (Schein, 1999) clearly states, the success of the remedies depends heavily upon the involvement of the company employees, because they know what will work and are ultimately responsible for the implemented remedy and its consequences. 

Quality of joist welds is also critical to achieving a ductile response. Welding is performed to Steel Joist Institute standards and the lack of specific criteria may prevent development of a predictable ultimate capacity. Special precautions must be taken to remedy this problem such as requiring manufacture in accordance with AWS criteria. Open web steel joists are intended for relatively low static loads and thus are suitable only for low dynamic loads as well. 

At many sites, the investigation phase is performed in two tasks (Phase 1 and Phase 2). Phase 1 focuses on the large picture, a definition of overall site conditions. Data developed are used to assess potential risks and identify potential remedial options. Phase 2 work fills in data gaps and defines the level of detail necessary to establish site-specific remediation goals and to evaluate probable remediation procedures or to indicate the need for pilot cleanup studies. 

SDP systems require a gaseous feed, but they can be used in combination with another remediation technology, such as a packed-bed reactor, to treat other waste streams. SDP performance and cost are contaminant specific. 

In the selection of a microbial system and bioremediation method, some examination of the degradation pathway is necessary. At a minimum, the final degradation products must be tested for toxicity and other regulatory demands for closure. Recent advances in the study of microbial metabolism of xenobiotics have identified potentially toxic intermediate products (Singleton, 1994). A regulatory agency sets treatment objectives for site remediation, and process analysis must determine whether bioremediation can meet these site objectives. Specific treatment objectives for some individual compounds have been established. In other cases total petroleum hydrocarbons total benzene, toluene, ethyl benzene, and xylene (BTEX) or total polynuclear aromatics objectives are set, while in yet others, a toxicology risk assessment must be performed. 

Each PAH bioremediation strategy has its own unique characteristics. In general, it can be stated that PAH biodegradation will be most rapid and extensive with bioslurry reactors, followed by solid-phase applications and in situ strategies, respectively. Of course there is a direct relationship between rate and extent of PAH biodegradation and cost of the remedial technology. As described below, site-specific criteria impact the applicability of each strategy as well as the predicted performance criteria. 

The research described in this chapter is part of an effort to develop and test a zeolite-based permeable barrier system for containing and remediating contaminated groundwater. The specific goals of this work were to scale up the production of SMZ, install the SMZ in a pilot-scale permeable barrier, and compare barrier performance to predictions based on laboratory characterization of the SMZ. 

The evaluation of computer systems performing regulated operations is the first phase to achieving an organized, prioritized, and balanced Part 11 Remediation Project approach. The objective of the evaluation is to identity the system s functional and/or procedural gaps results of the evaluation will determine whether the operational, maintenance, or security procedures specific to the system will provide a controlled environment, which ensures the integrity of the electronic records and/or signatures as stated in the Part 11 requirements. 

Acknowledgment that mixtures may cause risks that are not fully covered by single compound evaluations does not automatically imply that mixture assessments should be performed for all potential mixture exposures. This depends on the problem at hand, the specific exposure situation, and the available information. If a regulator must make a decision about the remediation of 1 contaminated soil plot, and it is already known that one of the mixture components exceeds the remediation threshold, and this fact results in a need for remedial action itself, then a mixture assessment is redundant. Mixture assessment for contaminated soils (and other compartments and exposure routes) is useful if the known individual components do not exceed their respective thresholds, but if it is suspected that the overall mixture may still cause unacceptable adverse effects, and in case risk managers have a limited budget for a large number of contaminated sites, that is, when they have to prioritize the most hazardous sites to be remediated first, while other sites should possibly be subject to simple risk reduction measures. The situation is different for mixture emissions. Here, potential mixture effects should always be addressed because the aim was and is to establish an emission level that is lower than a certain (acceptable) effect level. 

The Flory equation of state does not reduce to the ideal gas equation of state at zero pressure and infinite volume. Flory and his coworkers derived the equation of state specifically for liquid polymer solutions and were not concerned with the performance of the equation in the vapor phase. Poor vapor phase performance of an equation of state causes considerable difficulty, however, when one tries to apply the equation to higher pressure, higher temperature situations. The Chen et al. equation of state was developed in order to remedy this deficiency of the Flory equation of state. 

The most straightforward remedy for this specific situation is clear. If we were to perform this estimation several times - perhaps m times - we would have several samples = 1,..., m of size M. We could aggregate these... 

Record keeping. SPS keeps a continuous log of each student s activity. It records the date, the amount of time required for each exercise, the specific problems used in the exercises, the student s responses to each problem, and SPS s rejoinder. During each exercise SPS refers to the log and to the student s current responses to develop a model of how the student is performing. At various points in the exercises, SPS will stop the student and will provide additional instruction if the student appears to need it. This supplement may take the form of a quick review or may be an extensive remediation. 

---