By OXMI Sample Clauses

By OXMI. OXMI agrees that it shall not make, or cause to be made, any statement or communicate any information (whether oral or written) that disparages or reflects negatively on Hemingxxx. XXXX shall further exercise its best efforts to ensure that none of its executive management team makes, or causes to be made, any statement or communicates any information (whether oral or written) that disparages or reflects negatively on Hemingxxx. Xx xhall not be a violation of this Section 6.6 if an employee or independent contractor of OXMI disparages Hemingxxx xx xxterferes with the efforts of Hemingxxx xx xxtain subsequent employment outside the scope of his or her employment or without the authority of OXMI, and OXMI shall have no liability for such unauthorized acts. Nothing herein shall preclude OXMI from complying with a subpoena or other lawful process.
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By OXMI. OXMI hereby warrants and represents to Hemingxxx xxx xollowing: (a) It has the requisite power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder. All proceedings have been taken and all authorizations have been secured which are necessary to authorize the execution, delivery, and performance by OXMI of this Agreement. This Agreement has been duly and validly executed and delivered by OXMI and constitutes the valid and binding obligations of OXMI, enforceable in accordance with the respective terms. (b) The consummation by OXMI of the transactions herein contemplated, including the execution, delivery and consummation of this Agreement, will not violate (i) any judgment, statute, law, code, act, order, writ, rule, ordinance, regulation, governmental consent or governmental requirement, or determination or decree of any arbitrator, court, or other governmental agency or administrative body, which now or at any time hereafter may be applicable to and enforceable against the relevant party, work, or activity in question or any part thereof (collectively, “Requirement of Law”) applicable to or binding upon OXMI; (ii) the terms of the Certificate of Incorporation or Bylaws of OXMI; or, (iii) any material agreement, contract, mortgage, indenture, bond, xxxx, xxxx, or other material instrument or writing binding upon OXMI or to which OXMI is subject.

Related to By OXMI

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