D below. This official Board file shall be maintained in such a way as to accomplish the major purpose given herein above and under the following conditions.
D below. The obligation of each Lender to so reimburse the Issuing Bank shall be absolute and unconditional and shall not be affected by the occurrence of a Potential Event of Default, an Event of Default or any other occurrence or event. Any such reimbursement shall not relieve or otherwise impair the obligation of the Borrower to reimburse the Issuing Bank under any Letter of Credit, together with interest as hereinafter provided.
D below. The bargaining unit member has a right to union representation during investigatory questioning that may reasonably be expected to result in disciplinary action.
D below. The Trustee shall have, without exclusion, all powers conferred on Trustee by applicable law unless expressly provided otherwise herein.
D below. The Day Shift shall commence between the hours of 6:00 a.m. and 9:00 a.m. and shall end between the hours of 2:30 p.m. and 7:30 p.m. Starting and quitting times shall occur at the Project site as designated by the Prime Contractor or another Contractor with the Prime Contractor’s approval.
D below. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by the Owner and the Design-Builder in writing, the mediation conducted pursuant to this Article shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. This Claims process does not preclude the Owner from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Article does not resolve the parties’ Claim. This Claims process does not preclude the Owner from submitting individual Claims to binding arbitration pursuant to Article 30.C below. Failure by the Owner to respond to a Claim from the Design-Builder within the time periods described in this subdivision or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the Owner’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Design-Builder. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the Owner because privity of contract does not exist, the Design-Builder may present to the Owner a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Design-Builder present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the Owner shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Design-Builder shall notify the subcontractor in writing as to whether the Design-Builder presented the Claim to the Owner and, if the Design-Builder did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so. Upon receipt of a ...
D below. Effect of Termination of Employment for Cause or Voluntary Resignation of any JEDOR Principal Prior to 3 Years From Closing Date. The JEDOR Principals will be offered employment with SONIC FOUNDRY under the Employment Agreement attached as Exhibit A hereto. In the event that the employment of any of the JEDOR Principals is terminated (through voluntary resignation or for cause under the employment agreement) before the expiration of 36 months from the Closing Date, the number of Allocated Shares to be vested with the terminating JEDOR Principal shall be reduced as follows:
D below. Upon (i) the satisfaction of the obligations due Riveroaks under the Settlement Agreement, as determined by the Managing Member in its reasonable discretion, and the recording of the Release or (ii) delivery of the Title Commitment in lieu thereof, all amounts remaining in the Settlement Reserve, including any interest thereon and all amounts set off against other distributions under Section 8.8.E, will be distributed (but without again being counted as a distribution to the Holders) to the applicable Holders or, in the Managing Member's discretion (or if there are no remaining Holders), to the Non-Managing Member Representative.
D below. If at any time EBITDA as so measured does not equal or exceed $2,900,000.00, any outstanding Working Capital Advances in excess of $8,000,000.00 ("Excess Borrowing") shall be immediately due and payable, and shall be immediately repaid by Borrower. Failure to repay Excess Borrowing shall be an Event of Default hereunder.
