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 provisions of this Code are mandatory and apply to Kimber, its subsidiaries, all Kimber personnel and to joint-ventures managed by the Company.
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 City hereby represents and WorldMark hereby acknowledges that the Code sets forth WorldMark’s obligation to pay TOT. The Project is a “Timeshare Project” and WorldMark is a “Time-share Operator” as defined in Code Sections 2.12.013.022 and 2.12.013.24, respectively, and therefore shall be subject to the City’s Transient Occupancy Tax Code. WorldMark hereby undertakes and accepts that the in-lieu of TOT payments to City shall be determined by multiplying the daily room rate, as defined herein, on which the TOT is to be applied attributable to each Unit Occupied, as defined in paragraph 7(b)(1), during any given reporting period by the TOT rate set forth in the Code. Except as otherwise specifically set forth in this Agreement, WorldMark, including all successors and assigns thereof agree to be bound by the provisions of the Code dealing with TOT, including without limitation, those Code sections pertaining to interest and penalties for delinquent payments and refunds and violations, including successor liability. All successors and assigns must be approved in writing by the City prior to transfer.
Application of the Code. The Code does not apply to the Acquisition.
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.
B3.1 Discrepancies, errors and omissions in the Bid Event
(a) If the Participant finds any discrepancy, error or omission in the Bid Event, it must immediately notify Synergy in writing on or before the Closing of Bids.
(b) If a Participant has any doubt as to the meaning of any portion of the Bid Event, the Participant must ask Synergy in writing for clarification. The clarification provided is only valid if issued by Synergy in writing.
(c) Synergy may issue any clarification given under this clause B3.1 to all other prospective Participants.
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
