IDENTIFIED Sample Clauses

IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company and the Parent hereby warrant and represent that, as of the Closing Date, neither the Obligors nor any ERISA Affiliate is a "party in interest" (as defined in section 3 of ERISA) or a "disqualified person" (as defined in section 4975 of the Code) with respect to any plan so identified; or
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IDENTIFIED. PLAN ASSETS -- that is comprised of employee benefit plans identified by you in writing and with respect to which the Company hereby warrants and
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IDENTIFIED. The parties shall reasonably and promptly cooperate as to all ----------- due diligence matters during the period prior to the Closing Date (the "Due Diligence Period") and shall promptly exchange any and all documentation reasonably requested in connection with the due diligence tasks, including without limitation, copies of files, title information and technical data. Further, Petrosearch shall be afforded immediate physical access to perform tests or to inspect the Assets. In the event that during the Due Diligence Period that Petrosearch discovers a title defect, an environmental matter requiring remediation, gas imbalances, or other defects, then Petrosearch shall advise Quinduno, in writing, of any such defect. Upon receipt of the defect notice, Quinduno shall have thirty (30) days to cure the defect. If such defect is not cured within such time, Petrosearch may elect to reduce the Purchase Price by an amount equal to the allocated value of the defect as determined by mutual agreement of the parties. If the parties are unable to agree on such a value, Petrosearch shall have the right to terminate this Agreement without further duty or liability hereunder.
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IDENTIFIED. Confidential Information means any information or data, regardless of whether it is in tangible form, disclosed by either party (the “disclosing party”) that the disclosing party has either marked as confidential or proprietary, or has identified in writing as confidential or proprietary within thirty (30) days of disclosure to the other party (the “receiving party”); provided, however, that reports and/or information related to a disclosing party’s business plans, strategies, technology, research and development, current and prospective customers, billing records, and products or services shall be deemed Identified Confidential Information of the disclosing party even if not so marked or identified. Confidential Information shall not include any information which a) can be demonstrated to have been in the public domain or publicly known prior to the date of disclosure by disclosing party; or b) can be demonstrated, from written records, to have been in the receiving party’s possession from another source not under obligation of secrecy to the disclosing party prior to disclosure by the disclosing party; or c) becomes part of the public domain or publicly known by publication or otherwise, not due to any unauthorized act by the receiving party; or d) can be demonstrated to have been independently developed by the receiving party without the use of the disclosing party’s Confidential Information;
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IDENTIFIED. SEAMS ISSUES
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IDENTIFIED. HOLIDAYS i) The days to be designated as holidays in each year during the term of this agreement shall be the following: New Year's Day Civic Holiday Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Canada Day National Day for Truth and Reconciliation May 3 Article 17.1 - WEEKEND PREMIUMS All employees who work day shifts on Saturdays and/or Sundays will receive a premium of $1.15 $.90 per hour for all such hours worked. Employees who work evening and/or night shifts on a Saturday or a Sunday will receive $1.55 $1.30 for all such hours worked.
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IDENTIFIED. LITIGATION Schedule 4 and the Market Plan each set out brief details of certain pending claims, actions, demands or proceedings ("Proceedings") which have been brought or alleged by or against Diageo, Pernod Xxxxxx, one or more of their respective Affiliates or one or more Jointly-owned Entities and which the parties have agreed to treat as Shared Liabilities and/or Joint Liabilities. The following provisions shall apply in respect of such Proceedings: 2.22.1 The party whose name is set out in the seventh column of Schedule 4 in relation to each of the Proceedings described therein shall have the sole conduct of such Proceedings and, in the case of Proceedings described in the Market Plan, the party who is the country manager of the jurisdiction in which such Proceedings are taking place shall have the sole conduct of such Proceedings (the "Conducting Party"). 2.22.2 The provisions of Clauses 6.2.2 to 6.2.6, 6.3.1 to 6.3.3 and 6.5 shall apply, mutatis mutandis, in respect of the Proceedings described in Schedule 4 and the Market Plan and any Shared Liabilities and Joint Liabilities relating thereto with effect from the date of this Agreement. 2.23 MARGARITAVILLE 2.23.1 Notwithstanding the provisions of Clause 5.1, Margaritaville Liabilities: 26 <PAGE> 2.23.1.1 which are not recovered by Diageo and/or Pernod Xxxxxx under the terms of the Vivendi Sale Agreement (and each party shall use its reasonable endeavours to recover such liabilities to the extent that they are recoverable under the Vivendi Sale Agreement); 2.23.1.2 in respect of which an obligation to make a payment arises or a claim is made on or prior to 21 December 2003, shall be Shared Liabilities. 2.23.2 For the purposes of this Clause 6.7, "Margaritaville Liabilities" means liabilities which relate to the MARGARITAVILLE Brand and which are: 2.23.2.1 Historic Liabilities (including, for the avoidance of doubt, claims arising from any prior arrangement between JES and Margaritaville Holdings Inc. or its Affiliates relating to the MARGARITAVILLE Brand); or 2.23.2.2 liabilities arising either as a result of Closing or as a result of the change of licensee of the MARGARITAVILLE Brand from JES to Austin, Xxxxxxx & Co., Incorporated, but excluding any liability which arises out of the negligence or default of Pernod Xxxxxx or any Affiliate of Pernod Xxxxxx. 2.23.3 Pernod Xxxxxx shall, and shall procure that each of its Affiliates shall, take all such action as is reasonable to mitigate any Margaritavil...
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Related to IDENTIFIED

  • Schedule B Schedule B to the Agreement, setting forth the Portfolios of the Trust participating on behalf of which the Trust is entering into the Agreement is hereby replaced in its entirety by Schedule B attached hereto. Except as modified and amended hereby, the Agreement is hereby ratified and confirmed in full force and effect in accordance with its terms.

  • EXHIBIT Exhibit A is hereby deleted in its entirety and replaced with the new Exhibit A attached hereto, which reflects the addition of the Series E Preferred to the Agreement.

  • Schedule C Schedule C to the Agreement, setting forth the Portfolios of the Trust on behalf of which the Trust is entering into the Agreement, is hereby replaced in its entirety by Schedule C attached hereto.

  • Schedule The Work shall be performed as expeditiously as possible in conformity with the schedule requirements contained herein and in the Statement of Work. The draft and final versions of all deliverables shall be submitted by the dates specified in the Exhibit A Schedule and Project Period noted in Item No. 7 of this Agreement. It is understood and agreed that the delivery of the draft and final versions of such deliverables by the Contractor shall occur in a timely manner and in accordance with the requirements of the Exhibit A Schedule.

  • Title Information (a) On or before the delivery to the Administrative Agent and the Lenders of each Reserve Report required by Section 8.12(a), the Borrower will deliver title information in form and substance acceptable to the Administrative Agent covering enough of the Oil and Gas Properties evaluated by such Reserve Report that were not included in the immediately preceding Reserve Report, so that the Administrative Agent shall have received together with title information previously delivered to the Administrative Agent, satisfactory title information on at least 80% of the total value of the Oil and Gas Properties evaluated by such Reserve Report.

  • Notice Information Notice identifier/version: 4b0dc758­f0da­45e7­b7bb­8b9faca6d8be ­ 01 Form type: Competition Notice type: Contract or concession notice – standard regime Notice dispatch date: 2024­02­01Z 23:32:31Z Languages in which this notice is officially available: English

  • Investment Description Each Fund will invest and reinvest its assets in accordance with the investment objective(s), policies and limitations specified in the prospectus (the “Prospectus”) relating to such Fund filed with the Securities and Exchange Commission (the “SEC”) as part of the Fund’s Registration Statement on Form N-1A, as it may be periodically amended or supplemented and in accordance with exemptive orders and no-action letters issued to the Trust by the SEC and its staff.

  • False Information The Borrower or any Obligor has given the Bank false or misleading information or representations.

  • Schedule of Representations The representations and warranties set forth on the Schedule of Representations with respect to the Receivables as of the date hereof, and as of the Closing Date, are true and correct.

  • Appendix B Appendix B, Office of General Services General Specifications, dated July 2006, attached hereto, is hereby expressly made a part of this Contract as fully as if set forth at length herein and shall govern any situations not covered by this Bid Document or Appendix A.

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