For Settlement. If the arbitration decision confirms a Severe Confidentiality Breach by a Party under this License Agreement, the Automatic Remedy shall continue for the term of this License Agreement and the Party alleging breach may seek additional damages from the alleged breaching Party in accordance with this License Agreement. If the arbitration decision confirms that the alleged breaching Party has not committed a Severe Confidentiality Breach, then : (a) if ADCT is the Party alleging such breach, ADCT shall be responsible for all past and future payments due under this License Agreement and shall be liable for paying to ADAGENE within seven (7) days of the arbitration decision, all payments unduly suspended since the confidentiality breach notice to ADAGENE with an annual interest rate of the Prime Rate (as quoted in the Wall Street Journal) plus two percent (2%), to be calculated from the day those payments became due until effective payment date; or (b) if ADAGENE is the Party alleging such breach, ADAGENE shall refund to ADCT within seven (7) days of the arbitration decision, all over-payments unduly collected from ADCT since the confidentiality breach notice to ADCT with an annual interest rate of the Prime Rate (as quoted in the Wall Street Journal) plus two percent (2%), to be calculated from the day those payments became due until effective payment date. “Severe Confidentiality Breach” shall mean with respect to both Parties, any disclosure of the portion of SAFEbody Technology that is strictly confidential such that such disclosure has enabled a Third Party to perform the SAFEbody Technology in a manner substantially similar to ADAGENE and resulted in Adagene’s competitive advantage in SAFEbody Technology, in each case without regard to the existence, validity or enforceability of any Adagene Patents, committed either under this License Agreement or the MTCA, provided that if such Severe Confidentiality Breach was committed under the MTCA and was undisputed or finally decided by dispute resolution, then the Party alleging breach shall not be required to provide notice or be subject to dispute resolution under this License Agreement, and the Automatic Remedy shall be effective and shall apply without any need for such notice or dispute resolution; provided, however, that ADAGENE shall be free to disclose its SAFEbody Technology as necessary, in the ordinary course of business to seek patent protection on the SAFEbody Technology and to disclose the SAFEbody ...
For Settlement. Class Members whose royalties remain in suspense for a given property or payment period for individualized issues relating to title, probate, or bad address, as reflected in Burlington’s current ownership decks, such Settlement Class Members shall remain Settlement Class Members, but only as to the Burlington Escrow Xxxxx for which payments are reflected in the detail of the electronic data summarily identified in Exhibit G to the Settlement Agreement (the full extent of which shall be maintained by Class Counsel and counsel for Burlington as identified in Paragraph 4.1) for such Settlement Class Member (or his, her, or its predecessors); and
For Settlement. Class Members who are original purchasers and chose before the Settlement Notice Date, or who choose no later than the Claims Deadline, a Recall Repair, a Samsung Authorized Service Center will provide such Claimants with a free in-home repair to reinforce their Washers’ top. Defendant will further provide those Claimants a:
a. $25.00 cash rebate for purchase of any Samsung microwave oven; b. $50.00 cash rebate for purchase of any Samsung Major Home Appliance with a purchase price (not including sales taxes, delivery fees, and installation charges) between $0.00 and $900.00;
For Settlement. Class Members who provide their Costco membership number, the Claim Administrator will check the Class Member-claimant’s Costco membership number against records provided by Costco pursuant to Paragraph 5.3(a), to determine the number of Units purchased by the Class Member, and to calculate the total number of Units claimed.
For Settlement. Apply for arbitration to Beijing Arbitration Commission:
For Settlement. The consideration for the Settlement described herein shall be the mutual offset described in Section 4 above. In addition, CCA and CCA Maine agree jointly and severally to pay to SRHS, as agent for the SRG Entities and the Individuals, including, without limitation, Xxxxx X. Xxxxxxxx, without offset or deduction, $50,000 in immediately available funds, as follows: $25,000 on or before November 15, 1996, and $25,000 on the earlier to occur of (i) February 28, 1997, or (ii) the closing of a Sale Transaction, in payment of legal fees and expenses paid or accrued by the SRG Entities and the Individuals, including Xxxxx X. Xxxxxxxx, between September 15, 1996 and the closing of this Agreement.
For Settlement. Class Members who are not Settlement Subclass Members, Out-of-Pocket Losses are subject to a $2,000 cap per individual.
For Settlement. Class Members who provide a copy of the receipt or a retail rewards submission memorializing the purchase of the Class Products or your purchases appear in Defendant’s records (“Proof of Purchase”), but who do not return the Class Products, you will receive a refund between $7 and $25 (depending on which Class Product you purchased) for each Class Product purchased up to the total amount of units purchased that are returned with Proof of Purchase, or
For Settlement. Class Members for whom a physical address is available, the Settlement Administrator will mail a postcard. The postcard will include the Settlement Website and contact information for the Settlement Administrator.
For Settlement. Class Members who have submitted valid and approved Election Forms after the Effective Date but by the Election Deadline, the Settlement Administrator will, within forty-five (45) days after the Election Deadline, issue activation codes for Experian’s CreditPlus 3-Bureau service for a three-year period of coverage to such Settlement Class Members.
