Limited Exception. Notwithstanding anything to the contrary above, this Section 4.1 shall not prohibit the ownership by the Employee of up to (but not more than) five percent (5%) of the publicly traded securities of any business specified in Section 4.1(a) or 4.1(b) above (but without otherwise participating in the activities of such business).
Limited Exception. Notwithstanding the above, the Executive may, if and solely to the extent required by lawful subpoena or other lawful process, disclose Confidential Information but, to the extent possible, shall first notify the Company of each such requirement so that the Company may seek an appropriate protective order or waive compliance with the provisions of this Agreement. The Executive shall co-operate fully with the Company at the expense of the Company in seeking any such protective order.
Limited Exception. Notwithstanding anything to the contrary herein, this Article NINTH and the limitations on ownership and transfer of Capital Stock set forth herein (including, without limitation, the restrictions set forth in subparagraph (b)(1) of this Article NINTH) shall not apply to Xxxxxx or Ramat during the Exemption Period.
Limited Exception. CONTRACTOR may publish, at its sole expense, results of CONTRACTOR performance under the Agreement with HHSC’s prior review and approval, which HHSC may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from HHSC and any Federal agency, as appropriate. CONTRACTOR will provide HHSC at least three (3) copies of any such publication prior to public release. CONTRACTOR will provide additional copies at the request of HHSC. CONTRACTOR may include information concerning the Agreement’s terms, subject matter, and estimated value in any report to a governmental body to which the CONTRACTOR is required by law to report such information.
Limited Exception aged care and rehabilitation units
(a) The exception that applied to aged care and rehabilitation wards under clause 47.8 of the 2020 Agreement will continue to apply subject to the following:
(i) If the Employer seeks to maintain the exception, notify the Central Implementation Committee in writing (at clause 80) by no later than 6 months from the Agreement coming into operation, following which it will be considered in accordance with subclause 47.8(b) below.
(ii) If the Employer does not advise the Central Implementation Committee in writing within 6 months of the Agreement coming into operation, the exception ceases to have effect, and the limits on Short Shifts prescribed in clause 47 above will apply.
(b) Where the Central Implementation Committee receives a notification under subclause 47.8(a)(ii), it will consider whether it supports the continuation of the exception taking into account all the circumstances including, but not limited to:
(i) The preference of Employees in the relevant xxxx/unit;
(ii) The preference of Employees working short shifts; and
(iii) The operational requirements of the Employer.
(c) In the event that the Central Implementation Committee cannot reach a decision, the matter will be resolved in accordance with clause 14 (Statewide Industry Panel) on the basis of whether it is reasonable in all the circumstances for the existing exception to continue. Note: The exception at clause 47.8 applied only to aged care and rehabilitation units that, as of 31 March 2012, had Short Shift arrangements in place for more than two Short Shifts per day and, under the exception, could use up to three Short Shifts per xxxx or unit in any configuration over the AM and PM shifts.
Limited Exception. Notwithstanding any provisions of Section 10.13 or this Section 10.14, nothing contained in this Agreement shall prevent a Party from disclosing the terms or the existence of this Agreement or the Contemplated Transactions to the extent such Party determines, upon advice of counsel, that such disclosure is required or advisable, including in connection with any financing transaction undertaken or proposed by a Party, under any securities Law or listing requirement of any securities exchange applicable to such Party or any of its equity owners or its or their respective Affiliates.
Limited Exception. The obligation of confidentiality and non-disclosure contained in this License Agreement shall not apply to the extent that the Receiving Party is required to disclose any Proprietary Information of the Disclosing Party by a valid subpoena, order or regulation of a governmental agency or a court of competent jurisdiction having jurisdiction over the Receiving Party; provided, however, that the Receiving Party shall not intentionally make any such disclosure without (a) first notifying the Disclosing Party and allowing the Disclosing Party a reasonable opportunity to prevent or limit such disclosure (either by challenging or quashing any such subpoena, order or regulation or obtaining injunctive relief from, or a protective order with respect to, the obligation to make such disclosure), and (b) reasonably cooperating, at Disclosing Party’s expense, with the Disclosing Party’s efforts to prevent or limit such disclosure.
Limited Exception. Company and Executive acknowledge that the Burlington Coat Factory chain of retail stores (“Burlington”) is a “Competitive Business” as defined above in Section 10 (C)(ii). The Company agrees, however, that it will take no action to enforce the provisions of this Section 10 to prevent Executive’s employment as President and Chief Executive Officer of Burlington, and shall not otherwise declare Executive to be in breach of this Section 10 solely on the basis of such employment.
Limited Exception. Notwithstanding any contrary provisions contained herein, the Board and Association may agree to allow all teachers who have retired during the 2001-2002 or 2002-2003 school year to participate in the Target Benefit buyout, in addition to maintaining their Retirement Severance Compensation benefits under the Prior Agreement. Such previously retired teachers shall not be entitled to any other Retirement Severance Benefits under this Agreement, and the buyout of such Target Benefit buyout shall be paid to or for the benefit of these teachers.
Limited Exception. Notwithstanding the provisions set forth in Section 4(a), the Contributor may, without the prior written consent of the Company, transfer any shares of Common Stock acquired in an open market purchase following the Effective Date.
