OF THE PARTIES. The terms and conditions contained herein shall be conclusively deemed the agreement between the Tenant and the Lessor and no modification, waiver or amendment of this Lease or any of its terms, conditions or covenants shall be binding upon the parties unless made in writing and signed by the party sought to be bound.
OF THE PARTIES. The terms and conditions contained herein shall be conclusively deemed the agreement between Tenant and Landlord and no modification, waiver or amendment of this Lease or any of its terms, conditions or covenants shall be binding upon the parties unless made in writing and signed by the party sought to be bound.
OF THE PARTIES. 3.1 The New Party acknowledges that the Original Parties became bound by the Retail Energy Code pursuant to the Original Accession Agreements, and that each such Original Party is a Party for the purposes of clause 2 above (and otherwise).
OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors. Nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day administrative activities of the other; or (ii) constitute such parties as partners, co-owners or otherwise as participants in a joint venture. Neither party nor its agents or employees is the representative of the other for any purpose, and neither party has power or authority to act for, bind, or otherwise create or assume any obligation on behalf of the other.
OF THE PARTIES. There shall be no discrimination, interference, restraint or coercion by or on behalf of the Employer regarding any employee because of membership in the Union. The Union, its members its agents shall not intimidate or coerce or attempt to intimidate or coerce employees into membership and shall not, on the Employer’s time or premises, conduct Union activities except as herein expressly provided. The Union shall be provided with a bulletin board for the purpose of posting its Union notices. The Union further recognizes the right of the Employer to operate and manage the Employer’s business in all respects in accordance with its commitments, obligations and responsibilities to it’s shareholders and the right to decide on the number of employees needed by the Employer at any time. The right to use modern methods, machinery and equipment, and jurisdiction over all operations, buildings, equipment and employees at the Employer’s business, are solely and exclusively the responsibility of the Employer. The employer also has the right to make and alter, from time to time, reasonable written rules and regulations to be observed by the employees provided that an employee, who has acquired seniority and who claims to have been discharged or disciplined without just cause, shall have the right to take this grievance through the procedure as provided in the Agreement. The Employer agrees to notify the Union at least one hundred and twenty (120) days in advance of any technological change which may be made to the employees’ jobs. The substitution of a self-unloadingvessel for a bulk by a steamship owner shall not be construed as a technological change effected by the Employer. There be no strikes, sympathy strikes, walkouts, lockouts, or other similar interruptions of work during the period of this Agreement. Proper sanitary conditions and observance of all laws relating to fire protection and regulations shall be maintained so far as ability to procure requisites is possible.
OF THE PARTIES. INDEMNIFICATION . . . . . . . . 21 ARTICLE XIV
OF THE PARTIES. 16.1 The rights, duties, obligations and liabilities of the parties shall be several and not joint.
OF THE PARTIES. Nothing contained herein is intended or is to be construed so as to constitute Dynavax and TriSalus as partners, agents or joint venturers. Neither Party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any Third Party. The Parties (and any successor, assignee, transferee, or Affiliate of a Party) shall not treat or report the relationship between the Parties arising under this Agreement as a partnership for United States Tax purposes, without the prior written consent of the other Party unless required by a final “determination” as defined in Section 1313 of the Code.
OF THE PARTIES. The obligation of the Lender to makes any Loans on or after the date hereof is subject to the fulfillment to its reasonable satisfaction, or the waiver by the Lender, on or prior to the applicable Loan Date, of each of the following additional conditions: The Fifth Amendment, in the form attached hereto as Exhibit A shall be in full force and effect and Ascent and each of the Original Lenders shall have performed in all material respects all of their respective obligations under the Fifth Amendment. The Original Lenders agree that, following the date upon which Ascent shall have borrowed an aggregate of $6,250,000 under the Ascent Loan Agreement, each of the Original Lenders shall make a capital contribution to the Company so that all such capital contributions in the aggregate will be sufficient in amount and paid in a manner to timely fund the purchase by the Company of the Additional Shares as required by the terms of Section 2.1 of the Fifth Amendment. The Company agrees that it will purchase the Additional Shares as required by the terms of Section 2.1 of the Fifth Amendment.
OF THE PARTIES. The parties understand and agree that Supplier is a vendor to Aastrom and that neither party is an agent of the other nor are the parties to be legal partners, joint ventures or otherwise. Except as expressly set forth in this Agreement, no rights or licenses are granted by either party to the other. Neither party shall be entitled to participate in any plans, arrangements or distributions offered by the other party to its employees, including without limitation any bonus, profit sharing, insurance or similar benefits. Each party shall be solely responsible to purchase any required insurance on behalf of its employees and to pay any applicable taxes. Neither party has authority to bind the other by contract or agreement, of any kind, nor to undertake any obligation on behalf of the other party.
