For U.S Sample Clauses
For U.S. Applicants: 6. Are you registered with Directorate of Defense Trade Controls (DDTC)? If yes, state so and provide documentation.
For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
For U.S. Persons. Subscriber is a natural person who is (i) a citizen of the United States or (ii) a resident of the United States, even if not a citizen.
For U.S. If one of our suppliers or manufacturers fails to perform adequately or fulfill our needs, we may be required to incur significant costs and devote significant efforts to find new suppliers or manufacturers. We may also face delays in the development and commercialization of SM-88 and any other drug product we may develop. Our reliance on third parties may require us to share our trade secrets, which increase the possibility that a competitor will discover them or that our trade secrets will be misappropriated or disclosed. We may enter into license agreements with third parties with respect to SM-88 any other drug products we may develop that may place the development of SM-88 and any other drug products partially or entirely outside of our control, may require us to relinquish important rights or may otherwise be on terms unfavorable to us and, if our collaborations are not successful, SM-88 and any other drug products we may choose to develop may not reach their full market potential. Our future operational success depends on our ability to retain our key executives and to attract, retain and motivate qualified personnel. We expect to expand our development, regulatory and marketing capabilities and, as a result, we may encounter difficulties in managing our growth, which could disrupt our operations. Business disruptions (domestic and/or international) could seriously harm our future revenue and financial condition and increase our costs and expenses. Our internal computer systems or those of our CROs or other contractors or consultants, may fail or suffer security breaches, which could result in a material disruption of our drug development program. Substantial amounts of information concerning our products, employees, consultants, vendors, service providers and ongoing business are stored digitally and are subject to threats of theft, tampering, or other intrusion. Our business and operations would suffer in the event of system failures. We rely significantly on information technology and any failure, inadequacy, interruption or security lapse of that technology, including any cybersecurity incidents, could harm our ability to operate our business effectively. Our ability to successfully commercialize our technology and drug candidate may be materially adversely affected if we are unable to obtain and maintain effective IP. We may not be able to protect our IP rights throughout the world. Obtaining and maintaining our patent protection depends upon c...
For U.S. State and Local Governments and Public Universities, the following provision may be used to replace the above indemnity and liability clauses of paragraphs B-D:
For U.S federal income Tax purposes, the Company is, and has been since its formation, classified as a corporation.
For U.S. Government End Users: The Licensed Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Licensed Software is provided to U.S. Government End Users(a) only as a commercial end item and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein.
For U.S. Government End Users, Stromasys agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 C.F.R. Parts 60 1 through 60 60, 60 250, and 60 741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
For U.S. Government procurements, the Enterprise Cloud Service is deemed to be a “Commercial Item” as defined at 48 C.F.R. 2.101 and 48 C.F.R. Part 12.212. If acquired by or on behalf of a civilian agency, the U.S. Government agrees to acquire commercial computer software and/or commercial computer software documentation in the Enterprise Cloud Service subject to the terms of these Terms of Service as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government agrees commercial computer software and/or commercial computer software documentation in the Enterprise Cloud Service are subject to the terms of this License as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Enterprise Cloud Service under these Terms of Service and in any subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed. Any use, modification, reproduction release, performance, display or disclosure of the Enterprise Cloud Service by the U.S. Government shall be solely in accordance with the commercial license rights and restrictions described herein.
For U.S. Federal income Tax purposes, Buyer and the Seller Entities shall treat and report the Equity Purchase as an acquisition by Buyer of all of the assets of the Company from the Seller Entities in exchange for the Final Purchase Price and the amount of all liabilities of the Company and its Subsidiaries as of the Closing Date (subject to the provisions of Article XI of this Agreement).