No Duplicate Payments. In the event that a Subscriber (Licensee) enters into a Bilateral Agreement with a Publisher (Licensor) that results in a bilateral transfer of patent rights with respect to any Licensed Patent, the PatentBook Administrator shall deduct a reasonable amount from the Subscription Payment attributable to PatentBook Patents contained within the Bilateral Agreement to prevent the receipt by Publisher (Licensor(s)) of excess Subscription Payments.
No Duplicate Payments. The Fund’s indemnification of any Fund Covered Person pursuant to this Article X shall be reduced by any amounts such Fund Covered Person receives as indemnification: (i) under any policy of insurance purchased and maintained on his or her behalf by the Fund; (ii) from another corporation, partnership, joint venture, trust or other enterprise; or (iii) under any other applicable indemnification provision.
No Duplicate Payments. To prevent the receipt by Publisher(s) of excess Subscription Payments, the PatentBook Administrator shall deduct from that portion of the Publisher Share that otherwise would be payable to Publisher (Licensor) an amount reasonably determined by the PatentBook Administrator to be attributable to patents that are the subject of a Bilateral Agreement.
No Duplicate Payments. Notwithstanding anything in this Agreement to the contrary, in no event shall the Seller be entitled to receive both the Balance Purchase Price hereunder and the full consideration payable in respect of the Securities in connection with the Proposed Transaction.
No Duplicate Payments. Milestone payments shall be payable only once in respect of the Second Collaboration Target, regardless of how many Collaboration Compounds directed at such Collaboration Target ultimately are designated as Collaboration Clinical Candidates. Milestone payments shall be payable only once in respect of the First Collaboration Target within the Field, once in respect of the First Collaboration Target outside the Field (provided that if milestones have previously been paid with respect to the same Collaboration Clinical Candidate directed at the First Collaboration Target within the Field, Cephalon shall only pay for those milestones not previously paid), once for the first Mutant Form Candidate and once for the second Mutant Form Candidate (each Mutant Form Candidate shall be directed at a […***…]), regardless of how many Collaboration Compounds, whether within or outside the Field, ultimately are designated as Collaboration Clinical Candidates with respect to the First Collaboration Target. Further, if milestones have previously been paid for a Collaboration Clinical Candidate and such Collaboration Clinical Candidate’s use is then expanded such that it could qualify for a new set of milestones, or if development of a Collaboration Clinical Candidate is terminated and replaced with a different Collaboration Clinical Candidate subject to the same set of milestones, Cephalon shall pay only once with respect to milestones not yet achieved by the Collaboration Clinical Candidate, whether such milestones subsequently are achieved with respect to the original use and/or the expanded use(s) or by the different Clinical Collaboration Candidate.
No Duplicate Payments. Nothing in this Article 3 is intended to result in the duplication of any payments or benefits provided to Mx. Xxxxxx prior to the execution of this Agreement or under the terms of any other agreement by and between Mx. Xxxxxx and the Corporation (“Prior Agreements”) or under any other employee benefit plan or program maintained or sponsored by the Corporation on or before the Effective Date.
No Duplicate Payments. Notwithstanding any provision herein to the contrary, to the extent that payments and benefits, as provided by this Agreement, are paid to or received by Executive under the Employment Agreement dated as of the date hereof between the Executive and the Bank, such compensation payments and benefits paid by the Bank will be subtracted from any amount due simultaneously to the Executive under similar provisions of this Agreement. Under no circumstances shall the Executive be entitled to receive duplicate payments or benefits under this Agreement and such other Employment Agreement. Payments pursuant to this Agreement and the Bank Employment Agreement shall be allocated in proportion to the services rendered and time expended on such activities by the Executive as determined by the Holding Company and the Bank on a quarterly basis.
No Duplicate Payments. In no event shall Employee receive both Change of Control Retention Payments and [*] Retention Payments. Moreover, if Employee receives [*] Retention Payments, he shall not be eligible to receive any severance benefits under Section 3 hereof.
No Duplicate Payments. In no event shall Employee receive both Change of Control Retention Payments and Sale of Diesel Business Retention Payments. Moreover, if Employee receives Sale of Diesel Business Retention Payments, he shall not be eligible to receive any severance benefits under Section 3 hereof.
No Duplicate Payments. The LLC’s indemnification under Section 7.01 or Section 7.02 of any person who is or was a Director, officer, employee or agent of the LLC, or is or was serving at the request of the LLC as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, shall be reduced by any amounts such person receives as indemnification (i) under any policy of insurance purchased and maintained on his behalf by the LLC, (ii) from such other corporation, partnership, joint venture, trust or other enterprise, or (iii) under any other applicable indemnification provision.
