Effect of. The Owner has no legal obligation to confer orally with the Contractor about the terms of the Contract or its performance and may insist that all transactions and all intercourse shall be in writing. Agreement of the Owner to confer with a Contractor shall not be construed as an offer of the Owner to reconsider or alter the Owner’s policies, practices, procedures, or prior position, and no such agreement shall constitute a waiver of any right or defense of the Owner. Such a conference is without prejudice to any rights or defense of the Owner. After the conference there will be nothing to confirm since the Owner does not engage itself to do or not to do a thing by agreeing to confer with the Contractor. It is expressly agreed that no conference between the Contractor and the Owner shall cure any failure of the Contractor to give any notice nor shall it cure any breach of any time limit or revive any right in the Contract.
Effect of. “Leverage” or “Gearing” Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are ‘leveraged’ or ‘geared’. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit.
Effect of our delaying enforcing the security or waiving rights. If we delay enforcing a right under the mortgage or any other agreement, or do not exercise the right, or do not exercise a right against anyone, we do not lose or impair the right or any other right. If we waive a breach of any obligation under the mortgage or any other agreement, we do not lose a right of ours in respect of any other breach of the obligation. If we waive a right, we do not lose or impair any other right of ours. We are not bound by an agreement that contains a waiver unless it is in writing and is signed by us.
Effect of. Split-ups" and Stock Dividends. In case at any time or from time to time the Company shall subdivide or combine as a whole, by reclassification, by the issuance of a stock dividend on the Common Stock payable in Common Stock, or otherwise, the number of shares of Common Stock then Outstanding into a greater or lesser number of shares of Common Stock, with or without par value, the Current Warrant Price shall be reduced or increased (as applicable) proportionately. The issuance of such a stock dividend shall be treated as a subdivision of the whole number of shares of Common Stock Outstanding immediately prior to such dividend into a number of shares equal to such whole number of shares so outstanding plus the number of shares issued as a stock dividend. Upon any such adjustment, the number of shares shall be rounded upward to the nearest whole share.
Effect of. (a) It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary Increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will become responsiblefor full payment of any subsidizedemployeebenefits in which is participating for the period of absence, exceptthat the Hospital continue to pay its share of premiums up to eighteen months while an employee is In receipt of benefits, Notwithstanding this provision, service shall accrue for a periodof fifteen weeks if an employee's absence due to a disability in benefits. It is further understood that during such unpaid absence, credit for seniority for purposesof promotion, demotion, transfer or lay-off shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shell accrue for a period of eighteen months if an employee's absence is due to a disability resulting In benefits, or for a period of one year if an employee's unpaid absence is due to an illness. Where a permanent vacancy occurs in a classification within the bargainingunit or a new position within the bargaining unit is established by the Hospital, such vacancy shall be posted for a period of seven consecutive calendar days. Applications for such vacancy shall be made in writing within the seven day period referred to herein. Vacancies created by the filling of an initial permanent vacancy will be posted for a period of three consecutive calendar days, excluding Saturdays, Sundays and Holidays. Applications for such vacancies shall be made writing within the three day period referred to herein. In of and staff transfer appointment shall be made of the senior applicant to meet the normal requirements of the job. The name of the successfulapplicantwill be posted on the bulletin board for a period of seven calendar days. Where there are no successfulapplicants from within this bargaining unit for vacant positions referred to In this Article, employees in other bargaining units at ...
Effect of. As contemplated by Section 6.5 of the License Agreement, in the event of [*], Schering shall have the right to terminate this Agreement on not less than [*] prior written notice to Indevus and provided that Schering has to enable the technology transfer of the manufacturing process (including any required license to intellectual property and know-how) to an alternate manufacturer of Finished Product designated by Indevus, in accordance with Section 2.6. In the event of such termination of this Agreement, commencing as of the effective date of such termination through the expiration of the [*] (as defined in the License Agreement), in consideration of such technology transfer and any such required license, Indevus shall pay Schering, at Indevus’ discretion, either (i) reimbursement of the reasonable costs incurred by Schering for the technology transfer plus a royalty equal to [*] of Net Sales or (ii) a royalty equal to [*] of Net Sales. In the event of any inconsistency between the terms of this Section 2.5 and Section 6.5 of the License Agreement, the terms of this Section 2.5 shall control. [*] CONFIDENTIAL TREATMENT REQUESTED
Effect of. FAILURE BY A PARTY TO CONSUMMATE TRANSACTION DUE TO BREACH. Provided that Purchaser, in the event Seller is the breaching party, or Seller, in the event the Purchaser is the breaching party, is not then in breach of any of its own obligations under this Agreement, upon (i) termination of this Agreement due to a breach as described in Section 4.2 (a) or (ii) the failure of a party to perform its obligations hereunder after all of the conditions precedent set forth in Section 3 are satisfied, the non-breaching party shall be entitled to reimbursement of all fees and expenses incurred by the non-breaching party and to pursue against the breaching party any and all rights and/or remedies, at law or in equity, to which such non-breaching party may be entitled.
Effect of. Leverage" or "Gearing" The amount of margin is small relative to the value of the derivatives contract so the transactions are 'leveraged' or 'geared'. Derivatives trading, which is conducted with a relatively small amount of margin, provides the possibility of great profit or loss in comparison with the principal investment amount. But transactions in derivatives carry a high degree of risk. You should therefore completely understand the following statements before actually trading in derivatives trading and also trade with caution while taking into account one's circumstances, financial resources, etc. If the prices move against you, you may lose a part of or whole margin equivalent to the principal investment amount in a relatively short period of time. Moreover, the loss may exceed the original margin amount.
Effect of. All provisions of this Agreement subject to applicable laws now or in effect. If any law or hereafter enacted or proclamationor shall Invalidate any of the entire Agreement shall not be invalidatedand existing rights, privileges and obligations of the parties remain in existence.
Effect of. Change in Control" on Performance-Based Awards. In the event of a "Change in Control," with respect to an outstanding Award subject to achievement of performance goals and conditions, such performance goals and conditions shall be deemed to be met or exceeded if and to the extent so provided by the Committee in the Award document governing such Award or other agreement with the Participant.
