AUTHORITY AND JURISDICTION Sample Clauses

AUTHORITY AND JURISDICTION. Any privilege, right or pre-eminence of authority not herein defined or clearly expressed shall be construed in accordance with the laws of Missouri and any action herein must be brought in the District Court of Xxxxxx County, Missouri. All matters not authorized expressly by the terms of this contract shall be reserved to the discretion of the City of West Plains.
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AUTHORITY AND JURISDICTION. (a) The Patent Committee’s decision-making authority shall be limited to matters related to Patents. Notwithstanding anything in this Artcile 7, The Patent Committee shall have no review or authority over Collaboration Patents solely owned by Genelabs to the extent they claim Reversion Compounds, and such patents shall not be subject to this Article 7. (b) The Patent Committee shall confer regarding the status of Collaboration Patents, review data and information, consider and advise on any technical issues that arise, set patent filing priorities, and review and advise on any budgetary and economic matters relating to the Collaboration Patents affecting the Research Program which is referred to the Patent Committee. The Patent Committee shall establish the strategy for prosecuting Collaboration Patents, which strategy shall be followed by the Responsible Party and its counsel. (c) In no event shall the Patent Committee have the right: (i) to determine any matter not involving Collaboration Patents covering Collaboration Compounds; (ii) to modify or amend the terms and conditions of this Agreement; (iii) to make any decisions or determinations with respect to the Research Plan or the Research Program except to make recommendations due to issues involving Collaboration Patents; (iv) to determine which personnel of a Party perform activities relating to matters affecting Collaboration Patents, or act as such Party’s representatives on the Patent Committee; (v) to review, direct or control the commercialization or marketing of any Product; (vi) to determine any such issue in a manner that would conflict with the express terms and conditions of this Agreement.
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AUTHORITY AND JURISDICTION. (i) The IPC's decision-making authority shall be limited to matters related to Licensed Patents, Blocking Patents, Orange Book listings and patent term extensions. The IPC will discuss (but not decide) the status of AstraZeneca Patents, AGIX Know-How and AstraZeneca Know-How, and will discuss and review data and information, consider and advise on any technical issues that arise, and discuss patent application filing priorities. (ii) In no event shall the IPC have the right: (A) to modify or amend the terms and conditions of this Agreement; (B) to review, direct or control, or make any decisions or determinations with respect to, the Development or Commercialization or Manufacturing of the Compound or Product (except with respect to Patent or other intellectual property issues relating thereto); (C) to determine which personnel of a Party perform activities relating to matters affecting AGIX IP, or act as such Party's representatives on the IPC; (D) to make any decision with respect to a Party's Prosecution activities, except as provided for in Section 9.3; and (E) to determine any such issue in a manner that would conflict with the express terms and conditions of this Agreement.
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AUTHORITY AND JURISDICTION. Any privilege, right or pre-eminence of authority not herein defined or clearly expressed shall be construed in accordance with the laws of the state of North Dakota and any action herein must be brought in the District Court for Cass County, North Dakota. All matters not authorized expressly by the terms of this agreement shall be reserved to the discretion of the LESSOR.
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AUTHORITY AND JURISDICTION. .01 Section 7121 of the Code empowers the Secretary of the Treasury or his delegate to enter into closing agreements. Treasury Department Order No. 150-32, dated November 18, 1953, transferred all of the Secretary's closing agreement functions to the Commissioner of Internal Revenue. Treasury Department Order No. 150-36, dated August 17, 1954 [C.B. 1954-2, 733], continued that delegation under the 1954 Code. Section 4 of Public Law 86-368 [C.B. 1959-2, 705] (September 22, 1959) continued the effectiveness of the foregoing delegations. Pursuant to the aforementioned authority, the Commissioner has redelegated authority to enter into and approve closing agreements. The redelegation is presently embodied in Delegation Order No. 97 (Rev. 4), effective March 13, 1967, C.B. 1967-1, 528. The redelegation does not, however, delegate the Commissioner's authority to set aside closing agreements. .02 Paragraph 1 of Delegation Order No. 97 (Rev. 4) confers upon the Assistant Commissioner (Compliance) with regard to alcohol, tobacco, and certain firearms taxes the authority to enter into closing agreements with respect to prospective transactions and completed transactions affecting returns to be filed for such taxes. After conveying similar authority to the Assistant Commissioner (Technical) with respect to all other categories of taxes, the Order, in paragraph 3, confers upon the Assistant Commissioner (Compliance) the authority to enter into closing agreements relating to tax liability for periods ended prior to the date of the agreement and agreements covering specific items related to such periods and affecting other taxable periods. Agreements under paragraph 3 of the Order may relate to any class of tax administered under the authority of the Commissioner of Internal Revenue. As previously noted, authority similar to part of that contained in said paragraph 3 has also been delegated by the Order (Rev.
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AUTHORITY AND JURISDICTION. In case discrepancies should arise between the ATM and the supplier due to the implementation of this agreement, once the administrative procedure has been exhausted, the contentious-administrative jurisdiction of the city of Barcelona will be pursued.
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AUTHORITY AND JURISDICTION. To the fullest extent permitted by the Constitution and the statutes of this State, officers assigned under the agreement shall be vested with authority, jurisdiction, rights, immunities, and privileges outside his resident jurisdiction for the purpose of investigation, arrest, or any other activity related to the criminal activity for which the agreement is drawn. This agreement is in no way intended to affect any other multi-jurisdictional agreement(s) which may exist between the agencies. However, local ordinances adopted by a participating party shall not be deemed extended into areas of operation that are located outside the geopolitical territorial limits of that party. COSTS Each party shall bear its own costs incurred in the performance of its obligations hereunder except as otherwise provided herein. NO INDEMNIFICATION OR THIRD PARTY RIGHTS The parties shall be solely responsible for the acts and omissions of their respective employees, officers, and officials. No right of indemnification is created by this agreement and the parties expressly disclaim such. The provisions of this agreement shall not be deemed to give rise to or vest any rights or obligations in favor of any rights or obligations in favor of any party or entity not a party to this agreement. INSURANCE Each party shall maintain such insurance coverage for general liability, workers’ compensation, and other such coverage as may be required by law or deemed advisable by individual parties. OFFICERS ASSIGNED Each party agrees to designate and transmit in writing to the other parties the names of those individuals assigned to perform duties under this agreement. Upon receipt, such is to be made a part of and is incorporated by reference into this agreement. COMPENSATION, BOND, AND RELATED MATTERS This agreement shall in no manner affect or reduce the compensation, pension or retirement rights of any officers acting under its authority and such officers shall continue to be paid by the county or municipality where they are permanently employed. The bond, if any, for any officers operating under this agreement in the same manner and to the same extent provided by the bonds of regularly employed officers of that county or municipality.
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AUTHORITY AND JURISDICTION 
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Related to AUTHORITY AND JURISDICTION

  • Governing Laws and Jurisdiction This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.

  • Venue and Jurisdiction Any claim, action, suit or proceeding between Agency (or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract must be brought and conducted solely and exclusively within the Circuit Court of Xxxxxx County for the State of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. In no event may this section be construed as (i) a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim, action, suit or proceeding, or (ii) consent by the State of Oregon to the jurisdiction of any court.

  • Mediation and jurisdiction The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Proper Law and Jurisdiction This Agreement shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts.

  • Arbitration and Jurisdiction (a) Any dispute, controversy or claim arising out of or relating to (1) this Agreement, (2) the breach, termination or invalidity hereof or (3) any non-contractual obligations arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator and the appointing authority shall be LCIA (London Court of International Arbitration). The seat and place of arbitration shall be London, England and the English language shall be used throughout the arbitral proceedings. The parties hereby waive any rights under the Arbitration Xxx 0000 or otherwise to appeal any arbitration award to, or to seek determination of a preliminary point of law by, the courts of England. The arbitral tribunal shall not be authorised to grant, and the Borrower agrees that it shall not seek from any judicial authority, any interim measures or pre-award relief against EBRD, any provisions of the UNCITRAL Arbitration Rules notwithstanding. The arbitral tribunal shall have authority to consider and include in any proceeding, decision or award any further dispute properly brought before it by EBRD (but no other party) insofar as such dispute arises out of any Financing Agreement, but, subject to the foregoing, no other parties or other disputes shall be included in, or consolidated with, the arbitral proceedings. In any arbitral proceeding, the certificate of EBRD as to any amount due to EBRD under any Financing Agreement shall be prima facie evidence of such amount. (b) Notwithstanding Section 8.09(a), this Agreement and the other Financing Agreements, and any rights of EBRD arising out of or relating to this Agreement or any other Financing Agreement, may, at the option of EBRD, be enforced by EBRD in the courts of England and Wales or in any other courts having jurisdiction. For the benefit of EBRD, the Borrower hereby irrevocably submits to the non-exclusive jurisdiction of the courts of England with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any other Financing Agreement, or the breach, termination or invalidity hereof or thereof. The Borrower hereby irrevocably designates, appoints and empowers Trident Company Services (UK) Limited at its registered office (being, on the date hereof, at 0 Xxxxxxx Xxxxxx, Xxxxxx X0X 0XX, Xxxxxxx) to act as its authorised agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement. Failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned. The Borrower hereby irrevocably consents to the service of process or any other legal summons out of such courts by mailing copies thereof by registered airmail postage prepaid to its address specified herein. The Borrower covenants and agrees that, so long as it has any obligations under this Agreement, it shall maintain a duly appointed agent to receive service of process and any other legal summons in England for purposes of any legal action or proceeding brought by EBRD in respect of any Financing Agreement and shall keep EBRD advised of the identity and location of such agent. Nothing herein shall affect the right of EBRD to commence legal actions or proceedings against the Borrower in any manner authorised by the laws of any relevant jurisdiction. The commencement by EBRD of legal actions or proceedings in one or more jurisdictions shall not preclude EBRD from commencing legal actions or proceedings in any other jurisdiction, whether concurrently or not. The Borrower irrevocably waives any objection it may now or hereafter have on any grounds whatsoever to the laying of venue of any legal action or proceeding and any claim it may now or hereafter have that any such legal action or proceeding has been brought in an inconvenient forum.

  • APPLICABLE LAWS AND JURISDICTION 7.1. The usage of EHSAN AUCTIONEERS SDN. BHD. website together with the terms and conditions hereof shall be governed by and construed in accordance with the laws of Malaysia. 7.2. The laws of Malaysia shall regulate and apply to all electronic transactions of immoveable property by public auction. Any legal actions or proceedings arising out of or in connection with the electronic transaction of immoveable property by public auction shall subject to the exclusive jurisdiction of the Courts of Malaysia.

  • Governing Law; Venue and Jurisdiction THIS DPA WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF THE LEA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. EACH PARTY CONSENTS AND SUBMITS TO THE SOLE AND EXCLUSIVE JURISDICTION TO THE STATE AND FEDERAL COURTS FOR THE COUNTY OF THE LEA FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS DPA OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  • Applicable Law, Venue and Jurisdiction This Agreement shall be construed under and in accordance with the laws of the State of Texas, with jurisdiction in the courts of the State of Texas and venue in Galveston, County regardless of where the obligations of the parties were performed. By execution of this Agreement, the parties agree to subject themselves to the jurisdiction of the Courts of the State of Texas in all matters relating to or arising out of this Agreement or the Work.

  • Law and Jurisdiction This Amendment shall be governed by, and construed in accordance with, the law of the State of New York.

  • Retention of Jurisdiction Notwithstanding the entry of the Confirmation Order and the occurrence of the Effective Date, on and after the Effective Date, to the extent legally permissible, the Bankruptcy Court shall retain such jurisdiction over the Chapter 11 Cases and all matters arising out of, or related to, the Chapter 11 Cases and the Plan, including jurisdiction to: 1. allow, disallow, determine, liquidate, classify, estimate, or establish the priority, Secured or unsecured status, or amount of any Claim or Interest, including the resolution of any request for payment of any Administrative Claim and the resolution of any and all objections to the Secured or unsecured status, priority, amount, or allowance of Claims or Interests; 2. decide and resolve all matters related to the granting and denying, in whole or in part, any applications for allowance of compensation or reimbursement of expenses to Professionals authorized pursuant to the Bankruptcy Code or the Plan; 3. resolve any matters related to: (a) the assumption, assumption and assignment, or rejection of any Executory Contract or Unexpired Lease to which a Debtor is party or with respect to which a Debtor may be liable in any manner and to hear, determine, and, if necessary, liquidate, any Claims arising therefrom, including cure amounts pursuant to section 365 of the Bankruptcy Code, or any other matter related to such Executory Contract or Unexpired Lease; (b) any potential contractual obligation under any Executory Contract or Unexpired Lease that is assumed or assumed and assigned; (c) the Reorganized Debtors’ amending, modifying, or supplementing, after the Effective Date, pursuant to Article V of the Plan, the Rejected Executory Contract and Unexpired Lease Schedule; and (d) any dispute regarding whether a contract or lease is or was executory or expired; 4. ensure that distributions to Holders of Allowed Claims and Interests are accomplished pursuant to the provisions of the Plan; 5. adjudicate, decide, or resolve any motions, adversary proceedings, contested or litigated matters, and any other matters, and grant or deny any applications involving a Debtor that may be pending on the Effective Date; 6. adjudicate, decide, or resolve any and all matters related to section 1141 of the Bankruptcy Code; 7. enter and implement such orders as may be necessary or appropriate to execute, implement, or consummate the provisions of the Plan and, subject to any applicable forum selection clauses, all contracts, instruments, releases, indentures, and other agreements or documents created in connection with the Disclosure Statement, the Restructuring Support Agreements, or the Plan; 8. enter and enforce any order for the sale of property pursuant to sections 363, 1123, or 1146(a) of the Bankruptcy Code; 9. resolve any cases, controversies, suits, disputes, or Causes of Action that may arise in connection with the Consummation, interpretation, or enforcement of the Plan or any Entity’s obligations incurred in connection with the Plan; 10. issue injunctions, enter and implement other orders, or take such other actions as may be necessary or appropriate to restrain interference by any Entity with Consummation or enforcement of the Plan; 11. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the discharge, releases, injunctions, Exculpations, and other provisions contained in Article VIII of the Plan and enter such orders as may be necessary or appropriate to implement such discharge, releases, Exculpations, injunctions, and other provisions; 12. resolve any cases, controversies, suits, disputes, or Causes of Action with respect to the repayment or return of distributions and the recovery of additional amounts owed by the Holder of a Claim or Interest for amounts not timely repaid pursuant to Article VI.K.1 of the Plan; 13. enter and implement such orders as are necessary or appropriate if the Confirmation Order is for any reason modified, stayed, reversed, revoked, or vacated; 14. determine any other matters that may arise in connection with or relate to the Plan, the Disclosure Statement, the Confirmation Order, or, subject to any applicable forum selection clauses, any contract, instrument, release, indenture, or other agreement or document created in connection with the Plan or the Disclosure Statement; 15. adjudicate any and all disputes arising from or relating to distributions under the Plan or any transactions contemplated therein; 16. consider any modifications of the Plan, to cure any defect or omission, or to reconcile any inconsistency in any Bankruptcy Court order, including the Confirmation Order; 17. determine requests for the payment of Claims and Interests entitled to priority pursuant to section 507 of the Bankruptcy Code; 18. hear and determine disputes arising in connection with the interpretation, implementation, or enforcement of the Plan, or the Confirmation Order, including, subject to any applicable forum selection clauses, disputes arising under agreements, documents, or instruments executed in connection with the Plan; 19. hear and determine matters concerning state, local, and federal taxes in accordance with sections 346, 505, and 1146 of the Bankruptcy Code; 20. hear and determine all disputes involving the existence, nature, or scope of all releases set forth in the Plan, including any dispute relating to any liability arising out of the termination of employment or the termination of any employee or retiree benefit program, regardless of whether such termination occurred prior to or after the Effective Date; 21. enforce the injunction, release, and Exculpation provisions set forth in Article VIII of the Plan;

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