Under art. 22 of Law No. 9,478/1997, the technical inventory formed by data and information on the Brazilian sedimentary basins are an integral part of the national oil resources, and the Concessionaire shall submit such data and information, including those regarding the geological, geophysical, and geochemical modelling of the Concession Area, to ANP.
Under art. 1765 Par. 2 of the Act No. 89/2012 Coll, Civil Code, as amended (hereinafter the “Civil Code”), the User explicitely accepts the risk of a substantial change in circumstances which may constitute an especially gross imbalance in the rights and obligations of the Parties. The User shall not be entitled to seek the resumption of contractual negotiations should such a substantial change in circumstatnce under Art. 1765 Par. 1 of the Civil Code occur.
Under art. 1324, X may withdraw the offer even before the lapse of 10 days unless Y has already accepted the offer. After acceptance, withdrawl is not possible as there is no more offer to withdraw. Even before acceptance, X may not withdraw the offer if the option is covered by a consideration as when Y paid or promised to pay a sum of money to X for giving him the 10-day period. There is here an option contract. After the 10-day period, in the absence of acceptance, the offer becomes ineffective (De Xxxx, 529).
Under art. 4.7 of the Purchase and Assignment Agreement, Buyer agrees to pay Behringwerke, in addition to the Fixed Cash Purchase Price and the Option Purchase Price, a yearly Commission on the sales of Guarantor's and its affiliates' vaccine products listed on ANNEX 1 hereto for use in Germany during the years 1997 through 2001, calculated as [CONFIDENTIAL TREATMENT REQUESTED] of the excess of net sales over the following forecast: - 1997: DM [CONFIDENTIAL TREATMENT REQUESTED] - 1998: DM [CONFIDENTIAL TREATMENT REQUESTED] - 1999: DM [CONFIDENTIAL TREATMENT REQUESTED] - 2000: DM [CONFIDENTIAL TREATMENT REQUESTED] - 2001: DM [CONFIDENTIAL TREATMENT REQUESTED] Such figures shall be adjusted for actual inflation on the basis of a consumer price index (four-person-households average income) from Closing Date to December 31 of each of the above-mentioned years.
Under art. 5.04 of the CD Disc Agreement, Art. 4.03 of the DVD Disc Agreement, and Art. 3.02 of the AC-3 Agreement, METATEC is required to provide USPC with royalty reports thirty days after the end of each calendar quarter and to make royalty payments thirty days after the end of each calendar quarter on all Licensed Product sold during the preceding calendar quarter. Under the CD Disc Agreement, METATEC made only a partial payment of $300,000 toward the royalty payment of $672,290.82 for the third quarter of 2000, and failed to make royalty payments for the fourth calendar quarter of 2000, all four calendar quarters of the year 2001, and the first two calendar quarters of 2002. Similarly, under the DVD Disc Agreement and the AC-3 Agreement, METATEC failed to make royalty payments for the fourth calendar quarter of 2000, all four calendar quarters of the year 2001, and the first two calendar quarters of 2002. METATEC has asked USPC (i) to forbear on the remedies available to USPC under such CD Disc Agreement, DVD Disc Agreement, and AC-3 Agreement (including termination of each of these Agreements and commencement of legal action for immediate payment) and (ii) to re-structure payment for the unpaid royalties due and owing ("Arrears").
Under art. 48 of the Law of Ukraine „On Higher Education“ the Receiver chooses the language of instruction: Ukrainian, English (underline the necessary).
