Further Understandings. No reprisals of any kind shall be taken by either the Union, the grievant, the Board or by any member of the administration against any party in interest, or any participant in the grievance procedure by reason of such participation.
Further Understandings. The granting of this Option shall impose no obligation upon you to exercise any part of it. You acknowledge and agree that the vesting of shares pursuant to the vesting schedule hereof is earned only by your continued service for the Company (or any affiliate) in the capacity of an employee, a non-employee member of the Board or a consultant (and not through the act of being hired, being granted this Option or acquiring shares hereunder). You further acknowledge and agree that this Option, the transactions contemplated hereunder and the vesting schedule set forth herein do not constitute an express or implied promise of continued engagement as an employee, a non-employee member of the Board or a consultant for the vesting period, for any period, or at all, and shall not interfere in any way with your right or the right of the Company or any affiliate to terminate your relationship as an employee, a non-employee member of the Board, or a consultant at any time with or without Cause. You acknowledge that this Option (a) is not granted by the Company as a matter of right, but is granted (and the amount of the award is granted) at the sole discretion of the Board or Committee, (b) is not part of your contractual compensation, and (c) does not create an enforceable right to further options in future years or in similar amounts. This discretion of the Board and Committee relates to the award of options and the amount of any award. You waive any and all acquired rights or claims in connection with past or future employment or service as a consultant or director with the Company or any affiliate.
Further Understandings. Notwithstanding the foregoing provisions of Section P.2 above,
(a) Purchaser shall not be obligated to pay Seller hereunder during the pendency of any appeal with respect to any such Change in the regulatory framework, and (b) any termination of this Agreement or any amendment to this Agreement shall be effective retroactively from the date such Change in the regulatory framework, and Seller shall reimburse Purchaser for any amounts paid to Seller which exceed the amounts that should have been paid pursuant to the foregoing provisions of Section P.2 as a result of such final and non-appealable order regarding a Change in the regulatory framework.
Further Understandings. It is further understood and agreed that the licenses granted above in this Section 9.9 do not include any right to use any Trademark Rights.
Further Understandings. (i) indirect use of Knowledge" in the Contract's definition of Exploitation includes, for and on behalf of the Party concerned, use by having products and/or services developed, made and/or provided;
Further Understandings. Sikorsky assumes no liability for any expense of the Customer’s personnel, directly or indirectly connected with the furnishing of training services provided for herein. The parties expressly understand and agree that the responsibility of Sikorsky in the furnishing of the training services described above is limited to the furnishing of such and shall not extend to the results thereof. The parties further understand and agree that, in the event Customer elects not to take all or any portion of the training services provided for herein, no refund or other financial adjustment of the price will be made.
Further Understandings. In order to clarify certain ambiguities appearing in the provisions of the Contract, the Parties have agreed on the following interpretations:
(a) Indirect utilisation of Knowledge" in the Contract's definition of Use includes, for and on behalf of the Party concerned, Use by having products or services developed, made or provided;
Further Understandings. Borrower's rights as to the Intellectual Property Collateral are subject to the following further understandings:
a. Prior to the occurrence of a default hereunder Borrower may continue to exploit, license, franchise, use, enjoy and protect (whether in the United States of America or any foreign jurisdiction) the Intellectual Property Collateral in the ordinary course of business and in a manner consistent with the preservation of Secured Party's rights hereunder, and Secured Party will execute and deliver, at Borrower's sole cost and expense, any and all instruments, certificates or other documents reasonably requested by Borrower to enable Borrower to do so.
b. This Agreement, and the security interest created hereunder, will terminate when (i) all Indebtedness has been fully paid and satisfied and (ii) there are no outstanding commitments for additional Indebtedness. Secured Party (without recourse upon, or any warranty whatsoever by, Secured Party) will then execute and deliver to Borrower such documents and instruments evidencing the termination of the security interest hereunder as Borrower may reasonably request.
c. Borrower hereby irrevocably appoints Secured Party as Borrower's attorney-in-fact, with full authority in the place and stead of Borrower and in the name of Borrower, from time to time in Secured party's discretion, to take any action and to execute any instrument which Secured party may deem necessary or advisable to accomplish the purposes of this Agreement, including (i) to modify, in its sole discretion, this Agreement without first obtaining Borrower's approval of or signature to such modification by amending any Exhibit hereto to include reference to any Intellectual Property Collateral acquired by Borrower after the execution hereof or to delete any reference to any Intellectual Property Collateral in which Secured Party no longer has or claims any interest and (ii) to file, in its sole discretion, one or more financing or continuation statements and amendments thereto relative to any of the Intellectual Property Collateral without the signature of Borrower, where permitted by law.
Further Understandings. This Agreement does not constitute and shall not be construed as an admission of guilt, liability, wrongdoing, or violation of any federal or state statute or regulation by the Agency or the Aggrieved Person/Complainant and is entered into solely to resolve the subject matter of this Agreement. This Agreement and any provided settlement hereunder is made solely in consideration of the covenants made herein and to avoid further cost and expense associated with the allegations and claims made by the Complainant.
Further Understandings. NSA, Nestle and the Company expressly intend, acknowledge and agree that this agreement does not constitute a contract of the type described in section 365(c)(2) of the United States Bankruptcy Code, and NSA, Nestle and the their respective Affiliates shall not have rights under such section or section 365(e)(2)(B) of the United States Bankruptcy Code. It is the intention of NSA, Nestle and the Company that amounts required to be paid in connection with the Put or Call shall be paid at the earliest possible time in accordance with the terms of this Agreement and the Certificate of Incorporation and as permitted by law.
