Equal Sharing Sample Clauses

Equal Sharing. If none of the preceding rules determines the Primary Plan, the Allowable Expenses shall be shared equally between the Plans.
Sample 1
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Equal Sharing. (i) Upon any election to Co-Promote a Potential Co-Promotion Product made pursuant to Section 5.2, MYRIAD shall be entitled to share equally with SCHERING in Operating Profits or Losses recognized from and after the applicable Current Filing Date from sales of each Co-Promotion Product in the Co-Promotion Territory. In order to exercise such option with respect to any Co-Promotion Product, MYRIAD shall pay to SCHERING an amount equal to the Co-Promotion Exercise Payment with respect to such Co- Promotion Product not later than ten (10) Business Days following the date that MYRIAD shall deliver a Co-Promotion Exercise Notice with respect to such Co-Promotion Product. In the event that MYRIAD shall have failed to make such payment with respect to such Co-Promotion Product within the applicable time period, MYRIAD shall be deemed to have irrevocably waived any right to share equally with SCHERING in Operating Profits or Losses from sales of such Co-Promotion Product and shall share Operating Profits or Losses from sales of such Co-Promotion Product pursuant to paragraph (b) below. (ii) The Co-Promotion Exercise Payment shall be payable in cash; provided, however, that upon written notice to SCHERING given in -------- ------- conjunction with MYRIAD's Co-Promotion Exercise Notice as set forth above, MYRIAD shall have the option of paying up to fifty percent (50%) of the Co- Promotion Exercise Payment (a "Deferred Payment") over a five (5) year period as set forth below. Any such Deferred Payment shall initially bear interest at a rate per annum equal to the "prime rate" as published in "The Wall Street Journal" on the Business Day immediately preceding the date of MYRIAD's Co-Promotion Exercise Notice plus one percent (1.0%). The applicable interest rate with respect to any Deferred Payment shall be reset on each anniversary of the date of MYRIAD's Co-Promotion Exercise Notice to a rate per annum equal to the "prime rate" as published in "The Wall Street Journal" on the Business Day immediately preceding such anniversary date. Any such Deferred Payment, plus accrued and unpaid interest thereon to the date of payment, shall be deducted (but not below zero) from the Equalization Payments payable by SCHERING pursuant to Section 6.3. (iii) In the event that MYRIAD shall have failed to pay (including any amounts deducted from Equalization Payments and deemed to have been paid), the entire outstanding amount of any such Deferred Payment, plus accrued and unpaid inte...
Sample 1
Equal Sharing. Except as set forth in Sections 3.1(c) and 4.2(c) and Article 14, and excluding, for purposes of determining the Development Costs to be shared under this Section 4.2(b), the Parties’ internal FTE Costs incurred in any Development activities (except either (x) where and to the extent such internal FTE costs are required to be taken into account pursuant to Section 4.1(c)(i) and 4.1(c)(ii) or (y) if and as otherwise agreed to by the SCJ), BMKK and Merck/MJ shall, commencing effective as of the Restatement Effective Date, share all Development Costs equally. The Parties shall use commercially reasonable efforts to structure and effect any such Development Cost reimbursement payments in a manner that eliminates, to the maximum extent lawful, the need for any tax withholdings with respect to such payments. The JJDC shall review the actual Development Costs incurred against budget not less than quarterly. ImClone’s share (whatever it may be) of any such Development Costs shall be allocated and borne as between ImClone and BMS/BMKK as and to the extent provided in the BMS-ImClone Japan Agreement. Confidential Treatment has been requested by ImClone Systems Incorporated for portions of this document.
Sample 1
Equal Sharing. Notwithstanding anything to the contrary in the TPA or in any other document or agreement, the parties agree that Seller and Developer shall share equally in the Shore-Up and related obligations under the TPA, except that the Developer alone, and not the Seller, shall be obligated to pay any Whole Ownership Revenue Differential (defined below) – except (i) as provided in Section 12(b) below with respect to the Whole Ownership Revenue Differential, which shall be solely a Westgate obligation (and thus not included in the distributions and allocations described in Section 18(b)(ii) of the TPA as modified by this Agreement); and (ii) that Westgate shall be solely responsible for paying capital expense deficits as provided in and subject to the provisions of Section 6.2 and Section 6.3 of the Maintenance Agreement.
Sample 1

Related to Equal Sharing

  • Equal Pay The Employer shall not discriminate between male and female employees by employing a person of one sex for any work at a rate of pay that is less than the rate of pay at which a person of the other sex is employed for similar or substantially similar work.

  • EQUAL OPPORTUNITY IN EMPLOYMENT The parties to this Agreement agree that during the performance of the services under this Agreement they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The parties to this Agreement will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship.

  • Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

  • Non-Discrimination and Equal Opportunity All Parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of: (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or mental disability of a qualified individual with a disability. The Parties specifically agree that they will comply with Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule December 2, 2016), the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), the Non-traditional Employment for Women Act of 1991, titles VI and VII of the Civil Rights of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1967, as amended, title IX of the Education Amendments of 1972, as amended, and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including but not limited to 29 CFR Part 37 and 38.

  • EQUAL HOUSING If the Tenant possesses any mental or physical impairment, the Landlord shall provide reasonable modifications to the Premises unless the modifications would be too difficult or expensive for the Landlord to provide. Any impairment(s) of the Tenant are encouraged to be provided and presented to the Landlord in writing in order to seek the most appropriate route for providing the modifications to the Premises.

  • Family Medical Leave (a) An employee is entitled to family medical leave in accordance with the provisions of the Employment Standards Act. (b) An employee who is on Family Medical Leave shall continue to accumulate seniority and service and the Home will continue to pay its share of the premiums of the subsidized employee benefits, including pension (if permitted by the Plan and matched by the employee) in which the employee is participating during the leave. (c) Subject to any changes in an employee’s status which would have occurred had he or she not been on Family Medical Leave, the employee shall be reinstated to her former position.

  • Equal Opportunity Employer The CONSULTANT, In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Consultant or its selection and retention of sub-consultants, including procurement of materials and leases of equipment, of any level, or any of those entities employees, agents, sub-consultants, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination.

  • Family and Medical Leave (FMLA FMLA leave shall be granted pursuant to applicable law.

  • Equal Employment During the performance of this Agreement or any related Work Order, the CONSULTANT shall: A. Not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, handicap, or national origin. The CONSULTANT shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. In all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, it must state that all qualified applicants will receive considerations for employment without regard to race, color, religion, age, sex, handicap, or national origin.

  • Family and Medical Leave The Employer shall provide employees with the benefits of the Family and Medical Leave Act on a fair and equitable basis in accordance with applicable law and regulation.

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