Sharing of Benefits. Each of the Lenders agrees that, if it should receive any amount hereunder (whether by voluntary payment, by realization upon security, by the exercise of the right of setoff or banker's lien, by counterclaim or cross action, by the enforcement of any right under the Loan Documents, or otherwise) which is applicable to the payment of the principal of, or interest on, the Loans of a sum which with respect to the related sum or sums received by other Lenders is in a greater proportion than the total of such Obligation then owed and due to such Lender bears to the total of such Obligation then owed and due to all of the Lenders immediately prior to such receipt, then such Lender receiving such excess payment shall purchase for cash without recourse or warranty from the other Lenders an interest in the Obligations of the Borrower to such Lenders in such amount as shall result in a proportional participation by all of the Lenders in such amount; provided that if all or any portion of such excess amount is thereafter recovered from such 120 113 Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery, but without interest.
Sharing of Benefits. The Parties agree to share any royalties, income, or other financial benefits derived from the exploitation of the Work in the following manner: Collaborator 1: [Specify the percentage or share] Collaborator 2: [Specify the percentage or share] 4.2 Accurate Distribution The Parties shall make reasonable efforts to ensure that any royalties or income derived from the Work are accurately accounted for and distributed in a timely manner. Credit Attribution This section addresses the credit attribution for the collaborators in relation to the Work. 5.1 Credit The Parties agree that credit shall be given to both Collaborator 1 and Collaborator 2 for their contributions to the Work, in all forms of exploitation, including but not limited to recording, publishing, performances, and promotional materials. 5.2 Mutual Agreement The Parties shall mutually agree on the specific credit language to be used in relation to the Work. Termination This section outlines the conditions under which either party can terminate the agreement.
Sharing of Benefits. While the Intervenors agreed that security of supply is vital, they were also in agreement that the arrangement with Xxxxxxx appeared somewhat one-sided. The Municipalities believe that an agreement should be reached (T. 632) but suggested that the arrangement should be judged on how well it meets WKP's long and short term needs, and whether it can be considered in all of the circumstances to be a fair and reasonable bargain (T. 619). Their test would be whether or not the agreements provide an appropriate sharing of the benefits. Xx. Xxxxxxx summarized at T. 639: "Looking at cost benefits to Cominco, I suggest you find a different situation. When you view the cost benefits from Xxxxxxx's perspective, they would appear to be very attractive. Cominco gains the right to all power in excess of current contract levels to use the power in its operations to sell in British Columbia or to export whether or not its operations continue in their present form. Cominco receives $60 million and Cominco removes the debate on what happens after 2005. What Cominco had to do to obtain these benefits was agree to firm up power which it may or may not require. To the extent that there's a significant chance that Cominco will require power for the zinc expansion earlier than forecast, Cominco will be protected from significant loss by West Kootenay high rates then in effect. Summarizing then, while this agreement does benefit both parties it would appear that a disproportionate share of the benefits go to Cominco. The agreements would effectively phase out many of the benefits fought for by the intervenors in the early 1980's, supported by the Commission, and granted by the government in the Exemption Order. It may be time to do this in whole or in part but it cannot be done lightly and without protection for the community." Xx. Xxxxx states at T. 647 that the Commission ought not to consider in determining the public interest the need for Cominco to receive a windfall. At T. 662, she states that, if Cominco wants to get the rate a utility charges, then let it become a regulated utility, taking the burdens with the benefits. The ECA, while agreeing that WKP requires firm power contracts, felt in the end that the proposed contracts should not be approved as WKP did not negotiate in such a way as to secure the best possible deal for its customers and because its assumptions about Xxxxxxx's present and future circumstances are unrealistic (T. 680).
Sharing of Benefits. Arising out of the Utilization of the Material A number of relevant benefit sharing principles were identified during past consultations on MTAs, including: • Equity – What is fair and equitable in a public health emergency? What benefits can be expected in the shorter term? Or the longer term? Consideration of securing priority status to access to countermeasures developed from the sharing of samples and associated data may be important. • Reciprocity - Access to samples and associated data on the basis of the MTA and the sharing of benefits arising from its use should occur on an equal footing. • Public health interests - Access to benefits should be negotiated in good faith with the consideration of global public health priorities at the core. • Third party access to benefits - Consideration of whether to pass on benefit sharing obligations to third party recipients and successive transfer recipients should be considered and negotiated as appropriate. • Convention on Biological Diversity, the Nagoya Protocol and access and benefit-sharing measures – Many Member States now have legally binding obligations derived from these instruments. The MTA needs to be constructed so as to facilitate compliance with these obligations. Clarity as to the appropriate focal point for meeting these obligations during a public health emergency and any special provisions that might be in place (such as retroactive notification of transfers and negotiation of attendant benefit sharing) may be desirable. Different types of benefit might be derived from the sharing of samples and associated data and there are different mechanisms that might facilitate the sharing of these benefits (TABLE 1).
Sharing of Benefits. 2. Sharing in benefits arising including non-monetary, monetary or any kind of benefits:
Sharing of Benefits. (1) Where approval has been granted by the NBA for research or for commercial utilization or for transfer of results of research or for Intellectual Property Rights or for third party transfer, the mode of benefit sharing shall be as under:—
Sharing of Benefits. 129 10.19 Net Payments.............................................. 129 10.20 Waiver of Stay, Extension or Usury Laws................... 132 10.21 Confidentiality........................................... 133 10.22
Sharing of Benefits related InformationSECTION 11.7.
Sharing of Benefits related Information. Buyer and Seller will cooperate in providing at their own expense employee-related and plan-related data to facilitate accomplishment of the provisions of this Article 11.
Sharing of Benefits. RELATED INFORMATION. Parent and MFS will cooperate in providing at their own expense employee-related and plan related data to facilitate accomplishment of the provisions of this Agreement.
