Loss of Status. Notwithstanding anything to the contrary contained in this Agreement, Contractor shall not be obligated to treat as confidential and proprietary any information disclosed which:
a. is or becomes publicly available without breach of this Agreement by Contractor;
b. is rightfully obtained by Contractor without any restriction from third parties not under any obligation of confidentiality;
c. is compelled by law to be released by Contractor in response to a subpoena, court order or other legal process and is not subject to a protective order or other standard of confidentiality; provided, that if disclosure is purportedly compelled by law to be released, Contractor shall promptly inform PwC and, prior to disclosure, shall take, at the expense of PwC, all reasonable, legal steps to oppose such disclosure; and provided that disclosure may be made only to the extent expressly required under such subpoena, court order or other legal process; or
d. is rightfully known to Contractor (as evidenced by Contractor’s files), without obligation of confidentiality or is developed by Contractor without reliance on Proprietary Information.
Loss of Status. Confidential Information shall not include information, data, knowledge and know-how that, as shown by written records, (i) is known to the receiving party prior to disclosure to such party; (ii) is in the public domain prior to disclosure to such party; (iii) enters the public domain through no violation of this Agreement after disclosure to such party; or (iv) the receiving party independently develops without reliance on Confidential Information.
Loss of Status. In the event that the Drug Development Committee or the Executive Committee determines that Development should be discontinued with respect to a particular Development Candidate or Collaboration Product, such Product Configuration shall cease to be a Development Candidate or Collaboration Product, as the case may be, for purposes of this Agreement.
Loss of Status. (a) If, prior to the Expiration Date, Grantee does not stand for reelection by a vote of the Company’s stockholders and retires from the Board at the end of Grantee’s term as Director and Grantee ceases to be an Eligible Person, then subject to Section 5(c), (i) the Options shall expire on the earlier of the Expiration Date or the date that is ninety days after the last day of Grantee’s term as a Director; (ii) the Options that are unexercisable on the last day of Grantee’s term as a Director shall continue to vest and become exercisable until the Options expire; and (iii) the Options that are exercisable on the last day of Grantee’s term as a Director and the Options that become exercisable thereafter pursuant to clause (ii) shall be exercisable until the Options expire.
(b) If, prior to the Expiration Date, Grantee stands for reelection as a Director by a vote of the Company’s stockholders but is not so reelected and Grantee ceases to be an Eligible Person, then subject to Section 5(c), (i) the Options shall expire on the earlier of the Expiration Date or the date that is ninety days after the date of the stockholders’ vote; (ii) the Options that are unexercisable on the date of the stockholders’ vote shall continue to vest and become exercisable until the Options expire; and (iii) the Options that are exercisable on the date of the stockholders’ vote and the Options that become exercisable pursuant to clause (ii) shall be exercisable until the Options expire.
(c) If, prior to the Expiration Date, Grantee dies after ceasing to serve as a Director but before the Options would otherwise expire pursuant to Sections 5(a) or 5(b) above, then (a) the Options shall expire on the earlier of the Expiration Date or the date that is one (1) year after the date of the Participant’s death; (B) the Options that are unexercisable on the date of the event specified in Sections 5(a) or 5(b), as applicable, shall either cease or continue to vest and become exercisable pursuant to clause (ii) of such section; and (C) the Options that are exercisable on the date of the event specified in Sections 5(a) or 5(b), as applicable, and the Options that become exercisable thereafter pursuant to clause (ii) of such Section, if any, shall be exercisable until the Options expire. In the event of Grantee’s death, the Options shall be exercisable by the executor or administrator of the estate of Grantee or the person or persons to whom the Options have been validly transferred by the ex...
Loss of Status. If a Resident loses his status as a University student, this Agreement is immediately terminated and the Resident is expected to vacate his room/apartment within forty-eight (48) hours. Residents may maintain their Agreement while
Loss of Status. NSM or any Loan Party admits, or it is determined in an order, notice or ruling of the FCC, that NSM or any Loan Party holding FCC Licenses has ceased to qualify as a “very small business” under FCC Rules, including but not limited to, Sections 1.2110(b), and 27.1106(a)(2) of the FCC Rules, if such qualification is then required under FCC Rules in order for Borrower and the Borrower Subsidiaries to retain the Auction Benefits; or
Loss of Status. Ring Island or any Loan Party admits, or it is determined in an order, notice or ruling of the FCC, that Ring Island or any Loan Party holding FCC Licenses has ceased to qualify as a “very small business” under FCC Rules, including but not limited to, Sections 1.2110(b), and 27.1102(a)(2) of the FCC Rules, if such qualification is then required under FCC Rules in order for Borrower and the Borrower Subsidiaries to retain any “closed” License or avoid any requirement to make an Unjust Enrichment Payment; or
Loss of Status. If a Resident loses his status as an enrolled University student, this Agreement is immediately terminated and the Resident is expected to vacate his room/apartment within forty-eight (48) hours. Residents may maintain their Agreement while they appeal loss of status as a University student provided they fulfill all financial obligations of this Agreement while pursuing their appeal. If The Resident is reinstated or re-enrolled, he agrees to fulfill the balance of this Agreement as though the withdrawal or dismissal has not occurred. Failure to Register Fall 2013: A returning Resident who does not register for academic courses by the Monday of the last full week of classes during the previous spring semester (April 29, 2013), will be removed from previously assigned campus housing. Spring 2014: A returning Resident who does not register for academic courses by the Monday of the last full week of classes during the previous fall semester (December 9, 2013), will be removed from previously assigned campus housing.
Loss of Status. DSM or any Loan Party admits, or it is determined in an order, notice or ruling of the FCC, that DSM or any Loan Party holding FCC Licenses has ceased to qualify as a “very small business” under FCC Rules, including but not limited to, Sections 1.2110(b), and 27.1102(a)(2) of the FCC Rules, if such qualification is then required under FCC Rules in order for Borrower and the Borrower Subsidiaries to retain the Auction Benefits; or
Loss of Status. (i) The CPCN, the City of Albuquerque License or the City of Rio Rancho License shall be revoked or suspended, or
(ii) Borrower shall lose its status as a nondominant interexchange carrier under the Communications Act and the regulations thereunder and Lender determines in its discretion, that such loss could reasonably be anticipated to have a Material Adverse Effect, or
(iii) Administrative or judicial proceedings are commenced by the City of Albuquerque, Bernalillo County, the NMSCC or the FCC that could result in the occurrence of either of subclauses (i) or (ii).
