Express Rights. Except to the extent expressly abridged by a specific provision of this Agreement, the Company exclusively reserves and retains all of its inherent rights to manage the business; as such rights existed prior to the execution of this Agreement. It is agreed that the Company alone shall have the authority to determine and direct the policies, modes and methods of operating the business, without interference by the Union. Without limiting the generality of the foregoing, the sole and exclusive rights of management which are not abridged by this Agreement include, but are not limited or confined to, the right to determine, and from time to time re-determine, the number, locations and types of its facilities, including the right to move or close its business or any part thereof; to determine the methods, materials and processes to be employed; to discontinue or automate processes or operations; to subcontract any part of its operations; to determine the qualifications for new employees and to select its employees; to determine the size and composition of its working force; to determine work schedules and methods of operating; to determine the number and types of equipment, machinery, materials, products and supplies to be used, operated, processed, or disposed of; to hire, promote, demote, transfer, assign, lay off and recall employees to work; to reprimand, discharge or otherwise discipline employees; to determine or re- determine job content, establish work standards, and control the amount and type of work to be performed; to determine the assignment of work; to schedule the hours and days to be worked on each job and each shift; to expand, reduce, alter, combine, transfer, assign or cease any job, job title, department or operation; to make or change Company rules, policies and practices; to introduce new, different or improved methods, means and processes of operation and methods of service; and otherwise generally to manage the business and direct the work force.
Express Rights. 21.1. Any express statement of a right of CPOMS Systems Limited under this SLA is without prejudice to any other right of CPOMS Systems Limited expressly stated in this SLA or existing at law.
Express Rights. Except as expressly set forth in this Supply Agreement, no rights or licenses are granted to SutroVax under this Supply Agreement.
Express Rights. The exercise by a Party of an express right set out in this Agreement is without prejudice to any other rights, powers or remedies available to that Party in contract, at law or in equity including any rights, to that Party if the express right was not set out in this Agreement.
Express Rights. 20.1 Any express statement of a right of Meritec Limited under this Agreement is without prejudice to any other right of Meritec Limited expressly stated in this Agreement or existing at law.
Express Rights. Except to the extent expressly abridged by a specific provision of this Agreement, the Company exclusively reserves and retains all of its inherent rights to manage the business; as such rights existed prior to the execution of this Agreement. It is agreed that the Company alone shall have the authority to determine and direct the policies, modes and methods of operating the business, without interference by the Union. Without limiting the generality of the foregoing, the sole and exclusive rights of management which are not abridged by this Agreement include, but are not limited or confined to, the right to determine, and from time to time re- determine, the number, locations and types of its facilities, including the right to move or close its business or any part thereof; to determine the methods, materials and processes to be employed; to discontinue or automate processes or operations; to subcontract any part of its operations; to determine the qualifications for new employees and to select its employees; to determine the size and composition of its working force; to determine work schedules and methods of operating; to determine the number and types of equipment, machinery, materials, products and supplies to be used, operated, CW A 317 6 F L 5 Apri l 1,201 7 processed, or disposed of; to hire, promote, demote, transfer, assign, lay off and recall employees to work; to reprimand, discharge or otherwise discipline employees; to determine or re- determine job content, establish work standards, and control the amount and type of work to be performed; to determine the assignment of work; to schedule the hours and days to be worked on each job and each shift; to expand, reduce, alter, combine, transfer, assign or cease any job, job classification, department or operation; to make or change Company rules, policies and practices; to introduce new, different or improved methods, means and processes of operation and methods of service; and otherwise generally to manage the business and direct the work force.
Express Rights. In addition to any express right of WCA to avoid a claim and/or cancel or avoid the Agreement, breach of any term stated to be a warranty, condition or condition precedent shall entitle WCA to avoid cover.
Express Rights. It is agreed between the parties that save and except in respect of the Flat to be allotted to the Buyer, the Buyer shall have no claim, right, title or interest of any nature or kind whatsoever except right of ingress/ egress over or in respect of Complex, open spaces and all or any of the common areas and the basement of the Complex.
Express Rights. Notwithstanding any provision in any Transaction Document to the contrary, the following actions shall be expressly:
(a) the distribution of some or all of the outstanding shares of Spirit MTA’s common stock to Spirit Realty’s stockholders, (ii) the assignment of the LLC Interests subject only to the conditions set forth in Section 9.02 of the LLC Agreement of SMF I, SMF II and SMF III or Section 36 of the LLC Agreement of SMF VI and SMF VIII and (iii) the replacement of Spirit Realty as Property Manager and Special Servicer by a Taxable REIT Subsidiary, subject only to the express conditions described in the Property Management Agreement.” (v) Section 12.07 of the Master Indenture shall be deleted in its entirety and replaced with the following: “Any communication provided for or permitted hereunder shall be in writing and, unless otherwise expressly provided herein, shall be deemed to have been duly
Express Rights. Notwithstanding any provision in any Transaction Document to the contrary, the following actions shall be expressly: (a) the distribution of some or all of the outstanding shares of Spirit MTA’s common stock to Spirit Realty’s stockholders, (ii) the assignment of the LLC Interests subject only to the conditions set forth in Section 9.02 of the LLC Agreement of SMF I, SMF II and SMF III or Section 36 of the LLC Agreement of SMF VI and SMF VIII and (iii) the replacement of Spirit Realty as Property Manager and Special Servicer by a Taxable REIT Subsidiary, subject only to the express conditions described in the Property Management Agreement.”
(v) Section 12.07 of the Master Indenture shall be deleted in its entirety and replaced with the following: “Any communication provided for or permitted hereunder shall be in writing and, unless otherwise expressly provided herein, shall be deemed to have been duly given if delivered by courier or mailed by first class mail, postage prepaid, or if transmitted by facsimile or by e-mail (any email notices to the Indenture Trustee must be in the form of an attachment of a signed .pdf of other similar format file) and confirmed in a writing delivered or mailed as aforesaid, to: (i) in the case of the Issuers, to Spirit Master Funding, LLC, Spirit Master Funding II, LLC, Spirit Master Funding III, LLC, Spirit Master Funding VI, LLC or Spirit Master Funding VIII, LLC, as applicable, at Spirit Realty Capital, Inc., 0000 X. Xxxxxxx Street, Ste 300, Dallas, TX 75201, Attention: Xxx Xxxxx, e-mail: xxxxxx@xxxxxxxxxxxx.xxx, with a copy to Xxxxxx & Xxxxxxx LLP, 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000-0000, Attention: Xxxxxx Xxxxxxxxxxx, electronic mail: Xxxxxx.xxxxxxxxxxx@xx.xxx, or to such other address as provided in the applicable Series Supplement, as applicable; (ii) in the case of the Indenture Trustee, to Citibank, N.A., at 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Citibank Agency & Trust – Spirit Master Funding, e-mail: xxxx.xxxxxx@xxxx.xxx or call (000) 000-0000 to obtain Citibank, N.A. account manager’s e-mail address; and; and (iii) with respect to any applicable Series, in the case of any Hedge Counterparty or Rating Agency, to the address of such Hedge Counterparty or Rating Agency as provided in the applicable Series Supplement, or, as to each such Person, such other address or facsimile number as may hereafter be furnished by such Person to the parties hereto in writing.”
(w) Exhibit ...
