and Exhibit E Sample Clauses

and Exhibit E. For the use and benefit of: INSTITUTION NAME, hereinafter “Using Agency.” Institution Name Address 1 Address 2 Attention: Institution Project POC Phone: Fax: OWNER AND PROGRAM MANAGER, with the consent of Using Agency, hereby agree as follows.

and Exhibit E. In the event of any interruption of Critical Services other than pursuant to scheduled maintenance, Tenant shall promptly notify Landlord; such notice shall state with reasonable detail the nature of the interruption in question. Landlord shall respond to all such notices as provided for in Exhibit E.

and Exhibit E. To the extent there is a conflict between the provisions of this Section 13.1 or Article 11

and Exhibit E. Under no circumstances shall the total of all liquidated damages under this Agreement exceed the limits specified in this Agreement (including Exhibit E). If the Unit has been changed or modified by any person other than Interline or Interline's personnel, then there shall be no repeated Acceptance Test and this Paragraph 4.6 shall be of no effect.

and Exhibit E. Without limiting the foregoing, to the extent the amounts recovered by either Party pursuant to any such Action is pursuant to the terms of one or more license or sublicense agreements entered into by such Party and any such Third Party infringer, all amounts paid by such Third Party under such agreement will be treated as if they were amounts recovered by settlement or judgment.

and Exhibit E. The rights of Investments and Laureate Properties with respect to --------- each such agreement are held free and clear of any liens, security interests, rights, options or encumbrances.

and Exhibit E. Notices (other than Forecasts and Scheduling requests) shall, unless otherwise specified in this Agreement, be in writing and may be delivered by hand delivery, first class United States mail, overnight courier service, electronic transmission or facsimile. Notices provided in accordance with this Section 7.07 are deemed given as follows: (a) Notice by facsimile, electronic transmission or hand delivery is deemed given at the close of business on the day actually received, if received during business hours on a Business Day, and otherwise are deemed given at the close of business on the next Business Day; (b) Notice by overnight first class United States mail or overnight courier service is deemed given on the next Business Day after such Notice is sent out; and (c) Notice by first class United States mail is deemed given two Business Days after the postmarked date. Notices are effective on the date deemed given, unless a different date for the Notice to go into effect is stated in another section of this Agreement.

and Exhibit E. If Seller claims that any index should be changed or that any tax, fee or charge should be passed through to Buyer, Buyer shall make and diligently pursue negotiations with Electric Customer for the same index change or pass-through under the PPOA, and Seller shall cooperate with, support and assist Buyer in Buyer's efforts to obtain Electric Customer's consent to the same index change or pass-through of tax, fee or charge under the PPOA. Buyer agrees to (1) keep Seller fully informed of such efforts, (2) provide Seller with copies of all documents or portions thereof received by Buyer from Electric Customer pertinent to such index changes, and (3) permit Seller to participate in all meetings and discussions with Electric Customer regarding such efforts. If Buyer=s negotiations with Electric Customer are unsuccessful, then the dispute shall be settled pursuant to the Three-Way Arbitration Agreement. The foregoing notwithstanding, no change to indices pursuant to this Section 7.04 shall be made unless Electric Customer has agreed to parallel changes in the PPOA or unless a change to indices is required to comply with an Arbitration award or court order.

and Exhibit E provided that the Annual Payable Price for any year shall [*] (before inflation price adjustments and cost adjustments for Third Party Materials and Services); BI AUSTRIA shall invoice and NPS shall pay for deliveries the "Annual Payable" price per gram plus the inflation price adjustment and cost adjustments as provided for in Exhibit E.

and Exhibit E. The interest of Xtend and/or the Xtend Shareholders in the Escrow Shares shall not be assignable or transferable in any manner except by operation of law, by will or by the laws of descent until such Escrow Shares are released to Xtend or the Xtend Shareholders in accordance with the terms of the Depository Agreement; provided that nothing herein shall prohibit a distribution of Xtend's interest in the Escrow Shares to the Xtend Shareholders.