IDENTIFIED. PLAN ASSETS - that is comprised of employee benefit plans identified by such Purchaser in writing and with respect to which the Issuers hereby warrant and represent that, as of the Closing Date, neither the Issuers 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
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.
IDENTIFIED. SEAMS ISSUES
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").
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
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.
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;
