Nothing in Section. 16.1 shall prohibit the District from establishing a work 1646 week of other than Monday through Friday for vacant or newly created 1647 positions. In such cases, the provisions contained in Section 16.1 do not apply 1648 with regard to notice or the extra day of vacation. 1649 16.2 Overtime
Nothing in Section. 2.1 shall be construed as a grant of a security interest by the Borrower in any Intellectual Property licensed to the Borrower as licensee or any License in which, as a matter of law or by its terms, the Borrower may not grant a security interest without the consent or authorization of the licensor unless such consent or authorization has been obtained. To the extent that the creation of the Security Interest would constitute a breach or permit the acceleration of any License to which the Borrower is a party, the Security Interest shall not attach to the Intellectual Property licensed thereby or to the License, but the Borrower shall hold its interest therein in trust for the Lender and shall use its best efforts to obtain the consent of the other party thereto. Upon the Borrower obtaining the consent of such other party, the Security Interest shall be deemed to have automatically attached to such Intellectual Property and License.
Nothing in Section. 19.5 shall affect Leica’s ownership of, or assign to GenMark ownership of any proprietary right or interest in any Intellectual Property Rights:
19.6.1. owned by Leica as of the Effective Date;
19.6.2. acquired by Leica after the Effective Date independent of this Agreement (whether or not relating to the Products); or
19.6.3. in any Materials developed or created by, for or on behalf of Leica after the Effective Date independent of this Agreement (whether or not relating to the Products) and the manufacture, repair and/or supply of the Products.
Nothing in Section. 3.1 shall apply to Fees subject to a good faith dispute, provided that Customer provides written notice of the dispute to Bluecore within thirty (30) days of receipt of the relevant invoice, and Customer continues to pay all Fees not subject to such good faith dispute. Once the dispute is resolved, to the extent any Fees remain outstanding, Customer shall pay such Fees within five (5) business days.
Nothing in Section. 16 Sick Leave shall detract from an Officer’s rights under the
Nothing in Section. 23 Discipline/Dismissal shall preclude a Chief Pilot or his designate from having a discussion with, or counseling an Officer when a minor offence has been committed. There shall be no formal record kept of such discussion or counseling.
Nothing in Section. 8.1(a) shall have the effect of (i) precluding a Sonera Holder from participating in a Tender Offer or voting or agreeing to vote its shares in favor of a Metro One Change in Control in which the Sonera Holders would receive consideration on the same basis as is generally available to other holders of Common Stock or (ii) prohibiting any Metro One director designated by Sonera pursuant to Section 2.2 hereof (acting in such capacity) from participating (A) in discussions with other members of the Metro One Board of Directors or (B) in meetings of such Board of Directors; or (iii) otherwise purchasing Common Stock, subject to the applicable Aggregate Percentage limitation above.
Nothing in Section. 8.1 and Section 8.2 shall prevent either Party: (i) in connection with efforts to secure financing at any time during the term of this Agreement, from issuing statements as to achievements made, and the status of the work being done by the Parties, under this Agreement, so long as such statements do not jeopardize the ability to obtain patent protection on Inventions or disclose non-public technical or scientific Confidential Information; or (ii) from issuing statements that such Party determines to be necessary to comply with applicable law (including the disclosure requirements of the U.S. Securities and Exchange Commission, Nasdaq or any other stock exchange on which securities issued by such Party are traded); provided, however, that, to the extent practicable under the circumstances, such Party shall provide the other Party with a copy of the proposed text of such statements sufficiently in advance of the scheduled release thereof to afford such other Party a reasonable opportunity to review and comment upon the proposed text. In addition, the provisions of Section 8.1 and Section 8.2 shall not apply to Inventions solely owned by Licensee.
Nothing in Section. 16.01 shall be deemed to require Landlord to give the notice therein provided for prior to the commencement of a summary proceeding for nonpayment of rent or a plenary action for the recovery of rent on account of any default in the payment of the same, it being intended that such notices are for the sole purpose of creating a conditional limitation hereunder pursuant to which this Lease shall terminate and if Tenant thereafter remains in possession or occupancy, it shall become a holdover tenant.
Nothing in Section. 4.1 shall preclude disclosure of any Confidential Information required by any governmental, quasi-governmental or regulatory agency or authority or court entitled by law to disclosure of the same, or which is required by law to be disclosed. The Receiving Party shall promptly notify the Disclosing Party when such requirement to disclose has arisen to enable the Disclosing Party to seek an appropriate protective order and to make known to the said agency or authority or court the proprietary nature of the Confidential Information and to make any applicable claim of confidentiality in respect thereof. The Receiving Party agrees to co-operate in any appropriate action which the Disclosing Party may decide to take. If the Receiving Party is advised to make a disclosure in accordance with this Section 4.3 it shall only make a disclosure to the extent to which it is obliged.
