Discontinuation of Payments. For the purposes of this plan, as for all other Company benefits, any employee who is not recalled for work within the period of retention on the seniority lists as governed by the labour agreement and dating from the date of their lay-off, or who, upon demand fails to re-enter the employ of the Company, shall not be eligible for benefits under this plan. Should they later be recalled or return to work, the employee shall be treated as a new employee and therefore must fulfil again the requirements noted in Section 2. The same shall apply should an employee obtain full time employment elsewhere. No further payments under this plan will be made to employees who leave the employ of the Company voluntarily, who are discharged for cause, or who are laid off because of the destruction of the Plant or accident thereto, or to its machinery, or because of the failure to operate the Plant, or any department thereof, due to a work stoppage, or because of the permanent closing of a Plant or department.
Discontinuation of Payments. 37 15.7 EXCLUSION ........................................................... 37 16. THIRD PARTY AGREEMENTS .................................................. 37 16.1 THIRD-PARTY AGREEMENTS ............................................. 38 16.2 PERFORMANCE UNDER THIRD-PARTY AGREEMENTS ........................... 38 16.3 PERFORMANCE UNDER SUPPLIER-ADMINISTERED AGREEMENTS ................. 38 16.4 THIRD-PARTY INVOICES ................................................ 38 17. INSURANCE ............................................................... 39 17.1
Discontinuation of Payments. In no event shall Customer be liable to Supplier for any license or maintenance payments for those Products and Services that Customer no longer uses after the date, if any, that Customer no longer uses such Products or Services because of such actual or claimed infringement or misappropriation. If removal or replacement of the Products or Services is required or undertaken pursuant to the Agreements, Supplier shall use reasonable care in the removal or modification thereof and shall, at its own expense, restore the premises as nearly to their original condition as is reasonably possible.
Discontinuation of Payments. Xxxxxxx agrees that if he breaches any of the obligations set forth in Section 3(a)-(h) above, then Ameren has the right to discontinue and not provide any outstanding pay and/or benefits that Xxxxxxx would otherwise not have been eligible to receive but for this Agreement.
Discontinuation of Payments. Xxxxxxxxxxxxx agrees that if he breaches any of the obligations set forth in Sections 3(a), (b) and (c) above, then Molex has the right to discontinue and not provide any outstanding pay and/or benefits that Xxxxxxxxxxxxx would otherwise not have been eligible to receive but for this Agreement.
Discontinuation of Payments. For the purposes of this plan, as for all other Company benefits, any employee who is not recalled for work within the period of retention on the seniority lists as governed by the labour agreement and dating from the date of his lay-off, or who, upon demand fails re-enter the employ of the Company, shall not be xxx- gible for benefits under this plan. Should he later be recalled return to work, he shall be treated as a new em- ployee and therefore must fulfill again the requirements noted in Section The same apply should an employ- ee obtain full time employment else- where. No further payments under this plan will be made to employees who leave the employ of the Company voluntarily, who are discharged for cause, or who are laid off because of the destruction of the plant or accident thereto, or to it's machinery, or because of the failure ta operate the Plant, or any department thereof, due to a work stoppage, or of the per- manent closing of a plant or department.
Discontinuation of Payments. Cisel agrees that if it is determined by an arbitrator under the process outlined in Paragraph 21 that he has breached any of the obligations set forth in Section 3(a)-(e) above, then (i) Ameren has the right to discontinue and not provide any outstanding pay and/or to cancel any equity not yet settled that Cisel would otherwise not have been eligible to receive but for this Agreement and (ii) Cisel shall be obligated to pay Ameren liquidated damages in the amount of $325,000. In the event Ameren files a claim for arbitration of a breach or threatened breach, Ameren has the right to suspend any payment and will place any amounts owed in escrow with an escrow agent of its choice and under the terms and conditions it determines and with interest. Such amounts will remain in escrow until the process outlined in Paragraph 21 has completed; in the event Cisel prevails, such amount in escrow and the accumulated interest will be paid to Cisel. Cisel acknowledges and agrees that a breach by Cisel of any of the provisions of Section 3(a)-(e) above will cause irreparable damage to Ameren for which monetary damages alone will not constitute an adequate remedy. In the event of such breach or threatened breach, Ameren shall be entitled as a matter of right (without being required to prove damages or furnish any bond or other security) to obtain a restraining order, an injunction, an order of specific performance, or other equitable or extraordinary relief from any court of competent jurisdiction restraining any further violation of such provisions by Cisel or requiring Cisel to perform Cisel’s obligations hereunder, and will additionally be entitled to an award of attorneys’ fees incurred in connection with securing any relief hereunder. Such right to equitable or extraordinary relief shall not be exclusive but shall be in addition to all other rights and remedies to which Ameren may be entitled at law or in equity, including without limitation the right to recover monetary damages for the breach by Cisel of any of the provisions of this Agreement.
Discontinuation of Payments. Hirokawa-san agrees that if he breaches any of the obligations set forth in Sections 3(a), (b) and (c) above, then Molex has the right to discontinue and not provide any outstanding pay and/or benefits that Hirokawa-san would otherwise not have been eligible to receive but for this Agreement.
Discontinuation of Payments. At all times during the continuance of the Trust, the principal and income of the Trust shall be subject to claims of general creditors of the Company as hereinafter set forth, and at any time Trustee has actual knowledge, or has determined, that the Company is Insolvent, Trustee shall deliver any undistributed principal and income in the Trust to satisfy such claims as a court of competent jurisdiction may direct. The Company, through its Board of Directors or any of its executive officers, shall advise Trustee promptly inwriting of the Company's Insolvency. If Trustee receives such notice, or otherwise receives written notice from a third party which Trustee, in its sole discretion, deems reliable and responsible, Trustee shall discontinue payments to Trust Beneficiaries, shall hold the Trust assets for the benefit of the Company's general creditors, and shall resume payments to Trust Beneficiaries in accordance with Section 4.1 of this Trust Agreement only after Trustee has determined that the Company is not Insolvent or is no longer Insolvent. UnlessTrustee has actual knowledge of the Company's Insolvency or has received notice from the Company or a third party alleging the Company is Insolvent, Trustee shall have no duty to inquire whether the Company is Insolvent. Trustee may in all events rely on such evidence concerning the solvency of the Company as may be furnished to Trustee which will give Trustee a reasonable basis for making a determination concerning its solvency. Nothing in this Trust Agreement shall in any way diminish any rights of Trust Beneficiaries to pursue their rights as general creditors of the Company with respect to benefits payable hereunder or otherwise.
Discontinuation of Payments. Root agrees that if he breaches any of the obligations set forth in this Section 3 of this Agreement, the Employer shall have the right to discontinue and not provide any outstanding pay and/or benefits that Root would otherwise not have been eligible to receive but for this Agreement, and he shall be obligated to repay to the Employer the full amount of any pay and benefits he received under this Agreement.
