Additional Performance. 1. The Partner may also ask to be provided with other or additional services beyond the scope of the services provided within the Partner’s type of partnership. These services shall be provided on the basis of prior written agreement of the Parties, specifying their scope and subject. If the capacity of the FIT BUT does not permit this, such a service need not to be provided.
Additional Performance. 3.1 Assignor agrees to execute any assignments or other documents as may be requested by WITD in the future in order to perfect, preserve and protect WITD’s ownership in the IP.
3.2 Assignor will deliver to WITD all files and documentation that relate to the IP.
Additional Performance. 3.1 Assignor agrees to execute any assignments or other documents as may be requested by Midnight in the future in order to perfect, preserve and protect Midnight’s ownership in the Technology and the Future Intellectual Property.
3.2 Assignor will deliver to Midnight all files and documentation that relate to the Pre-Existing Intellectual Property, including, but not limited to, the prosecution file histories, correspondence, invention disclosures, and other pertinent materials related to the Patents.
3.3 Assignor will reasonably cooperate with Midnight in connection with (i) the preparation, filing, prosecution, maintenance and defense of the Technology and the Future Intellectual Property, and (ii) any suit for infringement of the Future Intellectual Property that may be brought by Assignor or Midnight against a third party.
Additional Performance. 3.1 Assignor agrees to execute any assignments or other documents as may be requested by Ricky’s in the future in order to perfect, preserve and protect Ricky’s ownership in the Technology and the Future Intellectual Property.
3.2 Assignor will deliver to Ricky’s all files and documentation that relate to the Pre-Existing Intellectual Property, including, but not limited to, the prosecution file histories, correspondence, invention disclosures, and other pertinent materials related to the Patents.
3.3 Assignor will reasonably cooperate with Ricky’s in connection with (i) the preparation, filing, prosecution, maintenance and defense of the Technology and the Future Intellectual Property, and (ii) any suit for infringement of the Future Intellectual Property brought by Assignor against a third party.
Additional Performance. 3.1 Assignor agrees to execute any assignments or other documents as may be requested by WITD in the future in order to perfect, preserve and protect WITD’s ownership in the Patents, Technology and the Future Intellectual Property.
3.2 Assignor will deliver to WITD all files, prototypes and documentation that relate to the Patents and Technology, including, but not limited to, the prosecution file histories, correspondence, invention disclosures, and other pertinent materials related to the Patents.
3.3 Assignor will reasonably cooperate with WIDT in connection with (i) the preparation, filing, prosecution, maintenance and defense of the Patents, Technology and the Future Intellectual Property, and (ii) any suit for infringement of the Future Intellectual Property that may be brought by Assignor or WITD against a third party.
Additional Performance. 3.1 Assignors agree to execute any assignments or other documents as may be requested by Alchemy in the future in order to (a) perfect, preserve and protect Alchemy's ownership in the Pre-Existing Intellectual Property, the Future Intellectual Property, and the JPL Contract and (b) transfer all rights, title and interest in the Option Agreement to Alchemy
3.2 Assignors will deliver to Alchemy all files and documentation that relate to the Pre-Existing Intellectual Property, including, but not limited to, the prosecution file histories, correspondence, invention disclosures, and other pertinent materials related to the Patents.
3.3 Assignors will reasonably cooperate with Alchemy in connection with (i) the preparation, filing, prosecution, maintenance and defense of the Pre-Existing Intellectual Property and the Future Intellectual Property, and (ii) any suit for infringement of the Pre-Existing Intellectual Property or the Future Intellectual Property brought by Assignors against a third party.
Additional Performance. A performance added to a contract by mutual agreement and confirmed in writing at least twenty-four (24) hours before the additional concert.
1-1. 48 Revival
Additional Performance. A performance added to a contract by mutual agreement and confirmed in writing at least twenty-four (24) hours before the additional concert. A concert presented again in the same season (A season is defined as the period from September to August A physical risk which the artist is not required to perform when such action falls outside training or experience, or which is judged perilous or dangerous. However, if the parties mutually agree to perform the extraordinary risk, the must obtain the approval of the Union before stipulating said risk in the artist’s contract.
Additional Performance. BASED CONSIDERATION ------------------------------------------
(a) As partial consideration for the Shares converted in the Merger, (i) if the Company's 1998 EBITDA is greater than $28,000,000, the Buyer shall make a payment to FFMC in an amount equal to Sellers' Payment Amount together with interest thereon from the date hereof to the date of payment at a per annum rate of 5.3% and (ii) if the Company's 1998 EBITDA is equal to or less than $28,000,000, no additional payment shall be made to FFMC by the Buyer pursuant to this Section 3.5. -----------
(b) After the end of the 1998 fiscal year, the Buyer shall cause the Auditor to make a written determination of the Company's 1998 EBITDA based upon an audit of the Company's and/or the Surviving Corporation's results of operations for such fiscal year. The Buyer shall cause a copy of such written determination (which shall be accompanied by the audited statements of operations upon which such determination is based) to be furnished to the Sellers no later than March 31, 1999. Such determination shall be final and binding upon the parties hereto on the earlier to occur of (i) the date the Sellers shall deliver a written notice to the Buyer stating that Sellers have accepted such determination or (ii) sixty (60) days after receipt by the Sellers of such determination unless the Sellers shall have notified the Buyer in writing within such 60 day period of any objections to such determination. Any notice of objection under this Section 3.5 shall specify in reasonable detail ----------- the items which are being disputed and shall include a summary of the reasons for such dispute. Any dispute relating to the determination of the Company's 1998 EBITDA which cannot be resolved by the Buyer and the Sellers within thirty (30) days after receipt of any such notice of objections shall be referred for decision to the Selected Accounting Firm. A decision of the Selected Accounting Firm with respect to any matter or matters in dispute shall be final and binding on the Buyer and the Sellers (absent fraud, bad faith, undue influence or manifest error). The fees and expenses of the Selected Accounting Firm incurred in connection with such settlement proceedings shall be paid fifty percent (50%) by the Buyer and fifty percent (50%) by the Sellers.
(c) Any payment required to be made by the Buyer pursuant to Section ------- 3.5
(a) shall be paid by the Buyer by wire transfer of immediately available ------ funds to an account d...
Additional Performance. The DEVELOPER hereby agrees that if, at any time after plan approval and during construction, the VILLAGE Engineer, acting reasonably and in good faith, determines that any of the material improvements to be installed by the DEVELOPER pursuant to Section I or Section II hereof were negligently installed, were not constructed in substantial accordance with applicable plans or, despite being built in substantial accordance with the applicable plans, fail, in material respects, to perform the intended function as determined by the VILLAGE and DEVELOPER or if the VILLAGE and DEVELOPER cannot agree, then based on subsequent engineering studies performed by licensed and reputable engineers with at least five (5) years’ experience in the area of the alleged failure concluding that such a failure exists, then DEVELOPER, at DEVELOPER's expense shall implement the necessary corrections required by such subsequent engineering study(ies). If DEVELOPER fails to so implement such corrections within a reasonable time under the circumstances, the VILLAGE may, upon ten (10) days’ prior written notice, except in an emergency, and without obligation to do so, cause such work to be carried out and may charge all costs incurred, including Fees per Section XIV of this Agreement, against the financial guaranty held by the VILLAGE pursuant to this Agreement.
