Application of the Code. Unless otherwise indicated, the words and concepts used in this Agreement shall be given the same definitions and meanings ascribed to them by the Code and the Regulations, unless that meaning is clearly inconsistent with this Agreement. Any alteration, modification, addition, deletion, or other change in the applicable provisions of the Code or the Regulations will automatically be applicable to this Agreement. Unless otherwise indicated, all references herein to a particular Section of the Code or the Regulations will include any successor provision designated by a different or additional Section reference.
Application of the Code. The Parties agree that all rights and licenses granted hereunder, including those rights and licenses granted under Section 2 above, are rights and licenses in “intellectual property” within the scope of Section 101 (35A) (or its successors) of the United States Bankruptcy Code (the “Code”). Each Party will have the rights set forth in this Agreement, including any Additional License Addendum, with respect to the applicable licensed Intellectual Property, as a licensee of Intellectual Property Rights hereunder and under the Additional License Addendum, will have and may fully exercise all rights available to it under the Code and under any other applicable U.S. Federal, state or foreign law (collectively with the Code, a “Debtor Relief Law”), including under Section 365(n) of the Code or its successors. In the event of a case under the Code or under any other applicable Debtor Relief Law involving either Party, in addition to and not in lieu or limitation of any other remedies available to the other Party, such Party will have the right to obtain (and the other Party or any trustee for such Party or its assets will, at the other Party’s written request, deliver to such Party) embodiments of any and all of the applicable Intellectual Property necessary for such Party to use and exploit any and all of the applicable Intellectual Property to exercise its rights hereunder.
Application of the Code. 7.1 Nothing in this agreement shall in any way limit the Parties' obligations under the Code, and any uncontested rulings of the Panel as to the application of the Code in conflict with the terms of this agreement shall take precedence over the terms of this agreement.
7.2 Nothing in this agreement shall oblige:
(a) Consort or the Consort Directors to recommend an Offer or a Scheme proposed by Recipharm AB or any member of the Recipharm AB Group or any person acting in concert with such persons; or
(b) Consort to take any action (whether as a direct obligation or as a condition to any other person's obligation (however expressed) which the Panel determines would not be permitted by Rule 21.2 of the Code.
7.3 Nothing in this agreement shall be taken to restrict the directors of any member of the Consort Group from complying with applicable Law, orders of court or regulations, including the Code, the Listing Rules and the rules and regulations of the Panel and the UKLA.
Application of the Code. (a) The Parties agree that all rights and licenses granted to CareDx under this Agreement are rights and licenses to "intellectual property" as defined in Section 101(35A) (or its successors) of Title 11 of the United States Bankruptcy Code or its successor (“Code”). CareDx will, during the Term of the Agreement, have the rights set forth in this Agreement with respect to the Licensed IP of Illumina, when and as such Licensed IP of Illumina is developed or created by or for Illumina. In addition and without limitation to the foregoing, Illumina acknowledges and agrees that CareDx, as a licensee of Illumina’s Intellectual Property under this Agreement, will have and may fully exercise all rights available to it under the Code, including under Section 365(n) of the Code. In the event Illumina files for protection under the Code and the trustee for Illumina rejects this Agreement and, pursuant to Section 365(n) of the Code, CareDx elects to retain its rights under this Agreement as described in Section 365(n)(1)(B) of the Code, not in lieu or limitation of any other rights or remedies available to CareDx, Illumina or the trustee for Illumina or its assets will, at CareDx's written request, deliver to CareDx any Licensed IP of Illumina licensed to CareDx under this Agreement that Illumina is obligated to deliver or transfer to CareDx pursuant to Section 8.1 but that has not yet been delivered or transferred to CareDx in accordance with Section 8.1.
(b) The Parties agree that all rights and licenses granted to Illumina under this Agreement are rights and licenses to “intellectual property” as defined in Section 101(35A) (or its successors) of the Code. Illumina will, during the Term of the Agreement, have the rights set forth in this Agreement with respect to the Improvements of CareDx, when and as such Improvements of CareDx are developed or created by or for CareDx. In addition and without limitation to the foregoing, CareDx acknowledges and agrees that Illumina, as a licensee of CareDx’s Intellectual Property under this Agreement, will have and may fully exercise all rights available to it under the Code, including under Section 365(n) of the Code. In the event CareDx files for protection under the Code and the trustee for CareDx rejects this Agreement and, pursuant to Section 365(n) of the Code, Illumina elects to retain its rights under this Agreement as described in Section 365(n)(1)(B) of the Code, not in lieu or limitation of any other rights or remedie...
Application of the Code. The Parties hereby acknowledge the following:
a. Following the Code Update, WDTC is an Accommodations Intermediary and Operator under the Code with respect to its Special Packages.
b. For any Special Package WDTC sells for a single (i.e., non-itemized) price, WDTC is subject to the obligations set forth in Code Section 2.12.020, including the general obligation to remit TOT to the City under the Code in the time and manner set forth therein, based on the amount by which the Rent collected by WDTC for the Special Package exceeds the Rent paid by WDTC to an Accommodations Supplier(s) (whether DLR or a third party) for the Special Package element(s) which are subject to TOT (i.e., the “Rent Differential”).
c. Notwithstanding anything to the contrary set forth in this Agreement, the provisions of the Code shall apply to this Agreement and shall govern and control if there is any unresolved inconsistency between this Agreement and the Code.
Application of the Code. The City hereby represents, and DVD hereby acknowledges, that
(a) the Code sets forth the obligation of a “Time-share Project” to pay TOT, (b) the Project is a “Time-share Project” and DVD is a “Time-share Operator” as currently defined in Code Sections 2.12.013.022 and 2.12.013.24, respectively and, therefore, (c) the Project is subject to the obligation to pay TOT pursuant to the Code as provided in this Agreement. In that regard, the City and DVD hereby acknowledge that, notwithstanding anything to
Application of the Code. (a) In submitting a Bid in response to the Bid Event, the Participant acknowledges and agrees that it may be subject to the Code, and must comply with each of the obligations described in the Code, for the duration of the process contemplated by this Bidder Agreement.
(b) If the Participant is awarded the Contract as a result of the process contemplated by this Bidder Agreement, in accordance with clause B8, the Participant will additionally be subject to the Code, and obliged to comply with each of the obligations described in the Code, for the duration of the Contract.
(c) Potential Participants should note that obligations under the Code are not confined to the Requirements the subject of this process, but also extend to Private Covered Building Work (as defined in the Code) undertaken by the Participant.
(d) Potential Participants are strongly encouraged to review the Code before submitting a Bid.
Application of the Code. The Code does not apply to the Acquisition.
Application of the Code. Many of the restrictions on Personal Securities Transactions (as defined in Section III.E.) and the compliance procedures contained in the Code apply to all Access Persons. Investment Personnel are subject to additional restrictions as indicated in the Code. Such persons include, but are not limited to the following: • Portfolio managers who manage the accounts; • Research analysts or research assistants who are members of the management team for the accounts; • Traders who trade on behalf of clients; • Support staff and administrative assistants working directly with portfolio managers and analysts.
Application of the Code. 2.1. This Code applies to and is binding upon all AWMAC volunteers, including, without limitation, Board members and Committee members, along with all AWMAC employees and contractors, and shall apply throughout the course of their participation in, and activities with, AWMAC, regardless of whether they have signed below (the "Participant(s)"). To the extent any obligations herein are intended to or specifically noted to continue after a Participant ceases to hold their position with AWMAC, such as with respect to confidentiality, such obligations shall apply to such Participants thereafter.
2.2. In recognition of the importance of this Code, all Participants of AWMAC shall have a copy of this Code made available to them and shall be deemed to acknowledge and undertake compliance with this Code by virtue of accepting a volunteer, employment, or contract position with AWMAC, including, without limitation, through nomination or appointment to the Board or a Committee of AWMAC. The obligations of the Participants hereunder are legally binding and are, among other good and valuable consideration, in consideration of the Participant being permitted to fill their role within AWMAC.
2.3. For clarity, this Code also applies to Participants’ conduct outside of AWMAC's business, activities, and events, including when such outside conduct could or does adversely affect relationships within AWMAC and/or its members, and/or is detrimental to the image and reputation of AWMAC. The Board will determine such jurisdiction in its sole and unfettered discretion.
2.4. Dishonest or unethical conduct or conduct that is illegal constitutes a breach of the Code regardless of whether the Code specifically addresses such conduct.