Evergreen. At the expiration of the initial term, this Agreement shall continue from year to year under its then existing conditions unless and until a party hereto gives the other no less than 90 days written notice of termination prior to expiration of the initial term or of the one year extension then in effect.
Evergreen shall keep full accurate books of account containing all particulars that may be necessary for the purpose of showing the royalties payable to SACHS under this Agreement as aforesaid, including, without limitation, records of the manufacture, sale and use of any Wafers, Cells, Modules, Integrated Products or Other Products by Evergreen and any of its sublicensees. The books and the supporting data shall be kept at EVERGREEN's principal place of business, and the books and the supporting data shall be open at a reasonable time, once per year, for three (3) years following the end of the calendar year to which they pertain, to the inspection of SACHS and/or an independent certified public accountant retained or employed by SACHX xxx reasonably acceptable to EVERGREEN, for the purpose of verifying EVERGREEN's royalty statement or compliance in other respects with this Agreement. Auditing of EVERGREEN's books and supporting data by a representative of SACHS can occur during normal business hours upon fourteen (14) days' written request. All fees and expenses associated with any such audit shall be the sole responsibility of SACHX, xxcept that if the results of an audit show a discrepancy in favor of the SACHS of more than five percent (5%) of the amount owed, all reasonable audit costs shall be borne in full by EVERGREEN.
Evergreen may assign or otherwise transfer this Agreement, and the license granted hereby and the rights and obligations acquired hereunder, including, without limitation, such transfers caused (i) by operation of a merger of EVERGREEN with another company, or (ii) by the sale or liquidation of EVERGREEN's stock or assets, or (iii) by the transfer of an interest in this Agreement pursuant to a security agreement delivered by EVERGREEN with respect to its rights under this Agreement, without the prior consent of SACHS, so long as the assignee or transferee shall agree to the terms and conditions of this Agreement.
Evergreen. This Agreement will commence , 20 and shall continue thereafter until terminated in accordance with Section 11. The parties shall review this Agreement from time to time and revise if necessary by mutual agreement.
Evergreen. The Equity Plan shall contain an annual evergreen refresh provision, pursuant to which a refresh shall occur on a calendar year basis, on the first day of each calendar year, with the first refresh to occur on January 1, 2015. Pursuant to Paragraph 3(b) of the Equity Plan, subject to incentive stock option rules and IRS requirements, the refresh shall provide for the reservation of an additional number of shares equal to the lesser of (x) 5% of the Common Stock outstanding on a post-money basis immediately following the closing of the IPO, which number of shares shall be calculated upon the closing of the IPO and inserted into the Equity Plan; (y) 5% of the number of outstanding shares of Common Stock on the date of the applicable evergreen refresh; or (z) an amount determined by the Ruthigen board of directors.
Evergreen. The terms and conditions of this Agreement shall remain in full force and effect after said expiration date and during the period of collective bargaining negotiations for a new Agreement.
Evergreen. At the conclusion of the Primary Term and any extension term agreed to by the Parties, this Agreement shall continue in effect from year to year unless terminated by either Party upon the provision of not less than one (1) year’s prior written notice to the other Party. 2 CONFIDENTIAL TREATMENT REQUESTED 1.3
Evergreen. Unless the Board gives written notice of non-renewal of the Agreement to the Superintendent at least 120 days before the end of the current contract year, this Agreement will, without further action, automatically renew for an additional contract year.
Evergreen. The terms and conditions of this Article as well as in Article 3 of the Agreement shall survive after the expiration or termination of this Agreement and shall not thereafter be subject to repeal, amendment or modification unless agreed to by the parties. The prior Fire/EMS Merger Article from the 2010-2016 Agreement is attached as Appendix B, and incorporated by reference herein for all intents and purposes. To the extent that there are any conflicts between this Agreement and Appendix B, Appendix B shall control.
Evergreen. The terms and conditions of this Article as well as in Article 3 of the Agreement shall survive after the expiration or termination of this Agreement and shall not thereafter be subject to repeal, amendment or modification unless agreed to by the parties.
