NOTICES / MISCELLANEOUS. 1. All notices under this contract shall be deemed sufficient if given in writing and served upon the Assistant Principal and the President of the Board personally or by certified mail, return receipt requested. Notices shall be addressed to the Assistant Principal at the address furnished by the Assistant Principal and on file in the Assistant Principal’s personnel file and to the President of the Board at the District Administrative Center.
2. It is the responsibility of the Assistant Principal to inform the Superintendent or his/her designee, if the Assistant Principal is named a finalist for any other position outside of School District 308.
3. This Agreement has been executed in Illinois, and shall be governed in accordance with the laws of the State of Illinois in every respect.
4. Paragraph headings and numbers have been inserted for convenience or reference only, and if there shall be any conflict between the headings or numbers and the text of this Agreement, the text shall control.
5. This agreement may be executed in one or more counterparts, each of which shall be considered an original, and which taken together shall be considered one and the same instrument.
6. This Agreement contains all of the terms agreed upon by the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements, arrangements, and communications between the Parties concerning such subject matter whether oral or written.
NOTICES / MISCELLANEOUS a. Unless otherwise provided by federal, state or local law, all notices, reports or demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. In accordance with applicable law, Grantee shall provide notice of any changes in rates, programming services or channel positions using any reasonable written means. As set forth above, notice served upon the Grantor shall be delivered or sent to: Grantor: Xxxx XxxxxXXXX 000 0xx Xxxxxx Gothenburg, NE 69138 TITLE CONTACT ADDRESS Email: XXxxxx@xxxxxxxxxxxxxxxx.xxx Grantee: Xxxxxx Xxxxx Xx. Manager, Government Affairs 0000 X 00xx Xxxxxx, Xxxxxxx, XX 00000 Email: xxxxxx.xxxxx@xxxxxxx.xxx Copy to: Charter Communications Attn: Vice President, Government Affairs 000 Xxxxxxxxxxxxx Xxx XX, Xxxxx 000X Xxxxxxxxxx, XX 00000
b. All provisions of this Franchise shall apply to the respective parties, their lawful successors, transferees and assigns.
c. If any particular section of this Franchise shall be held invalid, the remaining provisions and their application shall not be affected thereby.
d. In the event of any conflict between this Franchise and any Grantor ordinance or regulation, this Franchise will prevail.
NOTICES / MISCELLANEOUS. All written notices provided for in this Agreement shall be deemed given if personally delivered to a responsible representative of the party or if sent by regular mail, or by telecopy facsimile (with a confirmation copy following by regular mail), to the party at the address set forth hereinabove, and shall be deemed received at the time the original written notice or the telecopy facsimile is actually received by the party. Either party may from time to time, by written notice to the other as provided herein, designate a different address to which notices should be sent. This Agreement shall be governed by and construed in accordance with Louisiana law. With respect to any disputes relating to the validity, performance or interpretation of this Agreement, Subcontractor agrees to venue and jurisdiction in the state courts of Lafayette Parish, Louisiana, and specifically waives its right to be tried in any other jurisdiction. Although drawn by Contractor, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably and neither more strongly for nor against either party. Contractor's waiver or acceptance of any breach by Subcontractor shall not constitute a waiver or acceptance of any other or subsequent breach of the same or any other provision of this Agreement. In addition to withholdings authorized by any other provision of this Agreement, consideration otherwise due may be withheld by Contractor on account of defective work not remedied, claims filed, reasonable evidence indicating a probability of filing of claims, failure of the Subcontractor to make payments properly to its subcontractors or material men, or reasonable doubt that this Agreement can be completed for the balance then unpaid. If these causes are not removed, then Contractor may rectify same at Subcontractor's expense without notice (unless such notice is required by law and then upon 48 hours written notice.) Contractor reserves the right to pay by check jointly made to Subcontractor and Subcontractor's subcontractors, suppliers, material men or any other person who furnished goods or services to or through Subcontractor as part of its performance of this Agreement. Payment made in this manner constitutes payment towards the consideration provided for herein, thus reducing the amount owed by under this Agreement. If such payments exceed the said consideration, Subcontractor and its sureties agree to reimburse Contractor for suc...
NOTICES / MISCELLANEOUS. (a) All notices, requests, consents and other communications required or permitted under this Note shall be in writing and shall be deemed effectively given upon personal delivery, or upon confirmed delivery by facsimile, or on the next day (or, for international deliveries, three days) following mailing by a reputable express air carrier, addressed to the address specified below:
(i) If to the Holder, to:
(ii) If to Maker, to: Primo Water Corporation 000 Xxxxxxxxx Xxxxx Xxxxx Xxxxxxx-Xxxxx, Xxxxx Xxxxxxxx 00000 Fax No. Attn: Maker, Holder or any other Holder may designate a different address by notice given in accordance with the foregoing.
(b) Without waiving notices contemplated by Section 9(b) hereof, Maker hereby waives protest, presentment, notice of dishonor, notice of acceleration of maturity and notice of enforcement of the Collateral Agent or any Note Holder’s rights against any collateral securing this Note and agrees to continue to remain bound for the payment of principal, interest and all other sums due under this Note, notwithstanding any change or changes by way of any extension or extensions of time for the payment of principal and interest or any substitution, exchange or release of any collateral securing this Note, with or without consideration; and Maker waives all and every kind of notice of such change or changes and agrees that the same may be made without notice or consent of Maker. Maker further agrees that it will not be necessary for the Collateral Agent or any Note Holder, in order to enforce payment of this Note, first to enforce its rights against any collateral securing this Note.
(c) The terms of this Note shall apply to, be binding upon and inure to the benefit of Maker and the Holder and their respective successors and permitted assigns; provided, however, that neither the Maker nor Holder may assign this Note or any of their respective rights or obligations hereunder without the prior written consent of the other party, except that Holder may assign this Note in its entirety to one of Holder’s Affiliates (as defined below), so long as (i) Holder provides advance notice of such assignment to Wachovia and Maker and (ii) such assignee executes and delivers to Wachovia a joinder to the Subordination Agreement, agreeing to be bound by the terms and conditions set forth therein. As an additional condition to any assignment of this Note by the Holder, the assignee must agree to be bound by the terms of the Agency Agreement date...
NOTICES / MISCELLANEOUS. For purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be duly given when delivered by hand or facsimile transmission or when mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the Companies: Xx. Xxxx Xxxxxxxxxx Interstate Waste Technologies, Inc. Caribe Waste Technologies, Inc. Xxxxx 000 0000 Xxxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 If to the Employee: Xx. Xxxxxxx X. Campbell 000 Xxxxxx Xxxx Xxxx Xxxxxxx, XX 00000 or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.
NOTICES / MISCELLANEOUS. Except as otherwise provided in Sections 6, 9 and 10 hereof, notice given pursuant to any provision of this Agreement shall be in writing and shall be delivered (a) if to the Issuer or College Loan, at 00000 Xxxx Xxxxxxxx Xxxxx, Suite 270, San Diego, California 92127, Attention: Xxxx Xxxx, with a copy to Xxxxxxx X. Xxxxx, Esq., Stroock & Stroock & Xxxxx LLP, 000 Xxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx 00000; and (b) if to the Underwriters, to the address of the respective Underwriter set forth above with a copy to Xxxxxx X. Xxxxx, Esq., Xxxxx Xxxx LLP, 0000 Xxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000. This Agreement has been and is made solely for the benefit of the Underwriters, the Issuer, their respective directors, officers, managers, trustees and controlling persons referred to in Section 6 hereof and their respective successors and assigns, to the extent provided herein, and no other person shall acquire or have any right under or by virtue of this Agreement. Neither the term "successor" nor the term "successors and assigns" as used in this Agreement shall include a purchaser from an Underwriter of any of the Series 2007-1 LIBOR Notes in his status as such purchaser.
NOTICES / MISCELLANEOUS. Section 5.4 (Notices) of the Original Securities Purchase Agreement shall govern any and all notices or other communications or deliveries required or permitted to be provided hereunder. Sections 5.6 (Headings), 5.12 (Severability), 5.15 (Remedies), and 5.19 (Construction) of the Original Securities Purchase Agreement are incorporated herein, with each reference to the “Agreement” or the “Transaction Documents” therein being replaced by a reference to this Letter Agreement.
NOTICES / MISCELLANEOUS. (a) By entering into this Agreement, neither you nor the Atari or any of the Atari's officers, agents or employees, admit any wrongdoing or violation of law.
(b) This agreement contains all the understandings and agreements between the parties hereto with respect to the matters set forth herein, and there are no others made either contemporaneously herewith or otherwise. This agreement may not be changed or modified in any manner except in writing, signed by a duly authorized officer of Atari and by you. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND WHOLLY PERFORMED THEREIN (WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES UNDER NEW YORK LAW). If any section of this agreement is determined to be void, voidable or unenforceable, it shall have no effect on the remainder of this agreement, which shall remain in full force and effect.
(c) You warrant and represent that at all times during your employment with Atari, you conducted yourself in accord with the employee conduct policies and did not bind Atari to any obligations with regard to which Atari is not now aware.
(d) This agreement shall be binding upon the parties hereto and upon their heirs, administrators, representatives, executors, successors and assigns and shall inure to the benefit of said parties and each of them and to their heirs, administrators, representatives, executors, successors and assigns.
(e) You hereby acknowledge that you have been afforded the opportunity to consult with an attorney of your choice concerning this agreement.
NOTICES / MISCELLANEOUS. 17.1 Any and all notices, demands or requests required or permitted to be given under this Agreement shall be given in writing and sent, by registered or certified U.S. mail, return receipt requested, by hand, or by overnight courier, addressed to the parties hereto at their addresses set forth below or such other addresses as they may from time-to-time designate by written notice, given in accordance with the terms of this Section, together with copies thereof as follows: In the case of the Client to: Rafaella Apparel Group, Inc. 0000 Xxxxxxxx Xxx Xxxx, XX 00000 Facsimile No.: (000) 000-0000 Attn: Xxxxx Xxxxxxx, Chief Financial Officer With a copy simultaneously by like means to: Xxxxxxxx Xxxx Brandeis & Xxxxxxxx, LLP 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Facsimile No.: (000) 000-0000 Attention: Xxxxxxxx X. Xxxxxxxx, Esq. In the case of IDS to: 0 Xxxxxxxxx Xxx Xxxxxxxx, Xxx Xxxxxx 00000 With a copy simultaneously by like means to: Salans LLP 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Facsimile No.: (000) 000-0000 Attention: Xxxxxx X. Xxxxx, Esq.
17.2 As used herein, the term “business day” means any day when commercial banks in New York City and New Jersey are open for business except Saturdays, Sundays and holidays.
17.3 At all reasonable times during the term hereof the Client shall with sufficient advance notice, have the right to enter and be present at IDS’s Warehouse (provided at all times Client be escorted by a representative of IDS) in New Jersey for purposes of inspection and observation. Client may request, if it reasonably believes it to be necessary, to inspect the Warehouse at times when it is not in operation, provided that it gives sufficient advance notice to IDS and at all times Client is escorted by a representative of IDS when inspecting the Warehouse.
17.4 The entering into and the terms and conditions of this Agreement shall be subject to the terms of the Confidentiality Agreement; provided, however, IDS acknowledges that the Client is a reporting company under the Securities Exchange Act of 1934, as amended (the “Exchange Act”) and as such, files such reports as required by the Exchange Act. Accordingly, IDS agrees that, notwithstanding anything set forth herein or in the Confidentiality Agreement to the contrary, upon the advice of outside counsel, the Client may make public disclosures with respect to this Agreement in accordance with the provisions of the Exchange Act.
17.5 Upon the execution hereof, IDS shall provide the...
NOTICES / MISCELLANEOUS. For purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be duly given when delivered by hand or facsimile transmission or when mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the Company: Interstate Waste Technologies, Inc. 200 Xxxxxxxxx Xxxxxxx Center Waldorf, Maryland 20602 If to the Employee: Mx. Xxxxxxx X. Campbell 400 Xxxxxx Xxxx Xxxx Xxxxxxx, XX 00000 or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.
