Nothing contained in this. Article shall prohibit a faculty member from discussing scheduling alternatives with the Department.
Nothing contained in this. Article shall be construed as obliging a Contracting State to grant to persons not resident in that State any personal allowances, reliefs, reductions and deductions for taxation purposes which are by law available only to persons who are so resident.
Nothing contained in this clause shall imply a license to the District under any patent, or be construed as affecting the scope of any license or other right otherwise granted to the District under any patent. I.5.13 Paragraphs I.5.6, I.5.7, I.5.8, I.5.11 and I.5.12 above are not applicable to material furnished to the Provider by the District and incorporated in the work furnished under contract, provided that such incorporated material is identified by the Provider at the time of delivery of such work.
Nothing contained in this. Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and deductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents.
Nothing contained in this. Section 5.3 shall prohibit OPCH from (i) taking and disclosing to its stockholders a position contemplated by Rule 14d-9 or Rule 14e-2(a) promulgated under the Exchange Act, (ii) making any disclosure to the OPCH stockholders that is required by applicable Law, or (iii) issuing a “stop, look and listen” statement or similar communication of the type contemplated by Rule 14d-9(f) under the Exchange Act pending disclosure of its position thereunder; provided that any such disclosure or statement that constitutes or contains an OPCH Recommendation Change shall be subject to the provisions of Section 5.3(b); provided, further, that a “stop, look and listen” communication by OPCH pursuant to Rule 14d-9(f) of the Exchange Act shall not be deemed to be an OPCH Recommendation Change so long as any such communication states that the recommendation of the Board of Directors of OPCH in favor of the OPCH Share Issuance and OPCH Charter Amendment continues to be in effect (unless, prior to the time of such public disclosure, an OPCH Recommendation Change has been made in compliance with Section 5.3(b)).
Nothing contained in this. Article or Agreement shall be deemed a guarantee of hours of work per day or hours of work per week.
Nothing contained in this. Section 6.1 shall be deemed to prohibit Equitable, at its own expense, from instituting any actions or proceedings in its own name against any Tenant or Adjoining Owner after the Closing in order to collect the amount of any delinquencies due in whole or in part to Equitable from such Tenant or Adjoining Owner; provided, however, that in no event shall Equitable be entitled in any such action or proceeding to seek to evict any Tenant or Adjoining Owner or to recover possession of its space. If requested by Equitable, Purchaser shall join in any such action or proceeding, or permit the same to be bought in Purchaser's name or in the names of Equitable and Purchaser, all at Equitable's sole cost and expense. Purchaser shall not waive or settle any delinquency owed in whole or in part to Equitable without the prior written consent of Equitable.
Nothing contained in this. Section 2.3 shall prohibit Executive from serving on the board of directors of any other corporation that is not in direct competition with Centennial Bancorp or any of its subsidiaries (subject to Employer's approval, which will not be unreasonably withheld). Executive shall be entitled to keep all compensation received by him for service as a director of any other corporation so approved by Employer. Executive may own or control shares of stock in any corporation that is not in direct competition with Centennial Bancorp or any of its subsidiaries, and may own or control shares of stock in a corporation that is in direct competition with Centennial Bancorp or any of its subsidiaries if such stock is publicly traded and Executive does not beneficially own more than five percent (5%) of the outstanding shares of such stock.
Nothing contained in this. Section 6.01 shall be deemed to prohibit any Seller, at its own expense, from instituting after the Closing any actions or proceedings in its own name against any Tenant that is delinquent in the payment of $5,000 or more to Seller in order to collect the amount of any delinquencies due in whole or in part to Seller from such Tenant; provided, however, that in no event shall (1) Seller be entitled in any such action or proceeding to seek to evict any Tenant or to recover possession of its space or (2) Seller be entitled to initiate any involuntary bankruptcy or similar proceeding against any Tenant. Purchaser agrees not to waive or settle any delinquency owed in whole or in part to any Seller without the prior written consent of such Seller, which consent may be granted or withheld in such Seller's sole discretion. Notwithstanding the foregoing, each Seller shall be permitted to continue to pursue actions already instituted against any Tenant (or against those who are no longer Tenants), a schedule describing all such actions is attached hereto as Exhibit X. Seller shall also retain any original notes from Tenants with respect to delinquencies arising prior to Closing, a copy of which shall be given to Purchaser at Closing. Notwithstanding the foregoing, Sellers shall be prohibited from instituting any action with respect to matters more particularly described on Exhibit EE attached hereto.
Nothing contained in this. Section 6.1 shall be deemed to prohibit Equitable, at its own expense, from instituting any actions or proceedings in its own name against any Tenant or Adjoining Owner after the Closing in order to collect the amount of any delinquencies due in whole or in part to Equitable from such Tenant or Adjoining Owner; provided, however, that in no event shall Equitable be entitled in any such action or proceeding to seek to evict any Tenant or Adjoining Owner or to recover possession of its space. If requested by Equitable, Purchaser shall join in any such action or proceeding, or permit the same to be bought in Purchaser's name or in the names of Equitable and Purchaser, all at Equitable's sole cost and expense. Purchaser shall not waive or settle any delinquency owed in whole or in part to Equitable without the prior written consent of Equitable. 18 6.1.5 With respect to that portion of the Rents which constitute percentage or overage rents, or other amounts payable by Tenants or Adjoining Owners based upon sales, receipts or income of such entities, the following shall apply: (i) at the Closing and/or, in the case of percentage or overage rents which are in arrears or are payable in other than monthly installments, subsequent to the Closing, percentage or overage rents shall be apportioned as provided in the other subsections of this Section 6.1 in the case of Rents generally; and (ii) following the end of the fiscal year on account of which such percentage or overage rents are payable by each Tenant or Adjoining Owner and receipt by Purchaser of any final payment on account thereof due from such Tenant or Adjoining Owner, Purchaser shall pay to Equitable, net of costs of collection, if any, the excess, if any, of (a) the amount of percentage or overage rents paid by such Tenant or Adjoining Owner on account of such entire fiscal year multiplied by a fraction, the numerator of which is the number of months (including any fraction of a month expressed as a fraction) of such fiscal year which occurred prior to the Adjustment Point and the denominator of which is 12 or such lesser number of months (including any fraction of a month expressed as a fraction) as may have elapsed in such fiscal year prior to the expiration of the Lease or Operating Agreement in question over (b) all amounts theretofore received by Equitable on account of the percentage or overage rents in question for such fiscal year. If in any case the amount provided for in (b) above exceeds the a...
