Opt-Out Right. Any employee who is employed and covered by this Agreement as of the date of ratification by both parties shall have the right to opt out of (waive) the City’s obligation to pay the cost of retiree health benefits as provided in Section 18.5. In consideration of such a waiver, the employee shall be entitled to the retirement health benefits provided under the Retiree Health Savings Plan (“RHSP”) set forth in Article XIX. Such waiver rights shall be exercisable during open enrollment periods established at least annually by the City. Once an employee exercises his right to waive the premium payment obligations of the City under Section 18.5, he shall be covered by the provisions of Article XIX and, while retaining any statutory right that he may have to remain in the group covered by the City health plan, shall no longer be eligible for City-paid health care coverage as provided by Section 18.5. Such opt-out election shall be irrevocable.
Opt-Out Right. On a Regional Target-by-Regional Target basis, at any time during the Early RLP Development Term or the Late RLP Development Term, Surface has the right, at its sole discretion, to opt-out of further Development and Commercialization of all Regional Antibody Candidates or Regional Licensed Products for such Regional Target upon [***] prior written notice to Novartis (the “Opt-Out Notice”). The Opt-Out Notice will clearly identify the applicable Regional Target and associated Regional Antibody Candidates and Regional Licensed Products. Upon the delivery of an Opt-Out Notice, Surface’s then on-going funding commitments and Development Activities, will continue until [***] from the date of the Opt-Out Notice. In the event that Surface delivers an Opt-Out Notice with respect to a Regional Target, the following will automatically occur (without any further action by the Parties) upon such date, (a) the Regional Target will convert to a Global Target, (b) all Regional Antibody Candidates and Regional Licensed Products will convert to Global Antibody Candidates and Global Licensed Products, respectively, (c) the licenses set forth in Section 9.2 will terminate, and (d) the licenses set forth in Section 9.3 will apply to such new Global Target, Global Antibody Candidates and Global Licensed Products. For the sake of clarity, Surface will not be reimbursed, in whole or in part, for any Development Costs incurred prior to the end of such [***] period with respect to the Regional Antibody Candidates or Regional Licensed Products for which an Opt-Out Right was exercised.
Opt-Out Right. With respect to each Liver Fibrosis Product for which Morphic exercises its Cost-Share Option pursuant to Section 5.7.1(b), Morphic shall have the right to opt-out of its payment of [***] of Development Costs with respect to such Liver Fibrosis Product at any time upon written notice to AbbVie (each such right, an “Opt-Out Right”); provided, that Morphic shall continue to pay [***], of the Development Costs with respect to such Liver Fibrosis Product in the Territory that are incurred through [***] [***] after Morphic exercised such Opt-Out Right.
Opt-Out Right. ARCHEMIX (the “Opting-Out Party”) shall have the right (the “Opt-Out Right”) in its sole discretion, to cease further Development of any Co- Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. Developed Development Candidate/Co-Developed Product by providing MERCK (the “Sole Developing Party”) with written notice (the “Opt-Out-Notice”) at any time within [***] days of each Opt-Out Date applicable to the Co-Developed Development Candidate/Co-Developed Product which shall specify the Co-Developed Development Candidate/Co-Developed Product with respect to which ARCHEMIX is exercising its Opt-Out Right and shall indicate the date (the “Separation Date”) on which the Opt-Out Right shall be effective, which shall under no circumstances be sooner than [***] days from the date of the Opt-Out Notice (the “Opt-Out Notice Period”). During the Opt-Out Notice Period, the Parties shall continue to jointly Develop the Co-Developed Development Candidate/Co-Developed Product in accordance with the applicable Annual Development Plan for the Co-Developed Development Candidate/Co-Developed Product that is the subject of the Opt-Out Notice; provided, that, notwithstanding the foregoing, under no circumstances shall MERCK be obligated to continue to Develop any Co-Developed Development Candidate/Co-Developed Product for which ARCHEMIX exercises its Opt-Out Right. If ARCHEMIX exercises its Opt-Out Right as provided in this Section 4.10.6(d), and MERCK determines to continue to Develop the Co-Developed Development Candidate/Co-Developed Product that is the subject of the Opt-Out Right, then, as of the Separation Date (a) the Co-Developed Development Candidate/Co-Developed Product that is the subject of the Opt-Out Right shall be a Royalty-Bearing Product for purposes of this Agreement; (b) ARCHEMIX shall have no further obligation to fund its Co-Development Percentage of the Co-Development Costs incurred for such Co-Developed Development Candidate/Co-Developed Product; (c) ARCHEMIX will receive from MERCK, in lieu of receiving Net Income Payments from Co-Promoting the Co-Developed Development Candidate/Co-Developed Product that is the subject of the Opt-Out Notice, (i) the milestone payments described in Section 6.5.1 for any milestones achieved with respect to such Royalty-Bearing Product after the Separation Date, pr...
Opt-Out Right. For Defaults occurring after December 31, 2017, a Party not wishing to pay for a defaulting Party’s obligations to pay for Reclamation Costs may elect to “opt out” of such payment (each such Party, an “Opt-out Participant”). Opt-out Participants will have no obligation for a defaulting Party’s Reclamation Trust shortfall or for the failure of a Party’s Trustee to pay an invoice for Reclamation Costs for Defaults occurring after December 31, 2017. All Parties except PNM are deemed to be Opt-out Participants unless they deliver written notice of their election to become Opt-in Participants; such notice must be delivered to the Reclamation Trust Funds Operating Agent and to the other Parties, no later than seventy-five (75) days after the Effective Date.
Opt-Out Right. Incyte may cease reimbursement of MacroGenics’ costs associated with any Licensed Patent pursuant to Section 9.2(a) by providing MacroGenics with at least [**] written notice (an “Opt Out Notice”). Upon receipt of an Opt Out Notice, MacroGenics may cease to pursue any efforts to prepare, file, prosecute or maintain the applicable Licensed Patent(s). Upon expiration of the notice period set forth in the Opt Out Notice, any Licensed Patent which is the subject of such Opt-Out Notice shall cease to be a Licensed Patent for all purposes under this Agreement, including for purposes of the licenses granted by MacroGenics to Incyte under Section 3.1.
Opt-Out Right. You may reject this Arbitration Provision by mailing a signed rejection notice to the address for the Company above within thirty (30) calendar days of the date that Borrower executes this Agreement. Xxxxxxxx’s rejection notice must include Xxxxxxxx’s name, address, the email address contained in Borrower’s application, Xxxxxxxx’s telephone number, and a statement that Borrower is rejecting this Arbitration Provision.
Opt-Out Right. You may choose to opt out of the Arbitration Provision, but only by following the process set forth below. If you do not wish to be subject to this Arbitration Provision, then you must notify us in writing within sixty (60) calendar days of the date of this Agreement at the following address: Arbitration Opt-Out, Jiko Bank c/o Jiko Technologies, Inc., 0000 Xxxxxxx Xxx, XX Xxx, 000, Xxxxxxxx, XX 00000. Your written notice must include your name, address, Jiko Bank Account number or social security number, and a statement that you wish to opt out of this Arbitration Provision.
Opt-Out Right. 16.1 Any potential Damages Settlement Sub-Class Member (but not a Named Plaintiff) may request exclusion from the sub-class for purposes of monetary relief only. Potential Damages Settlement Sub-Class Members who wish to opt out of the sub-class for purposes of participation in the monetary portion of the settlement must submit a written and signed request for exclusion (“Opt-Out Statement”) to the Claims Administrator. Opt-Out Statements must be postmarked and mailed to the Claims Administrator not later than sixty (60) days after the Notice Deadline set by the Court. The Opt-Out Statement shall, at minimum, contain the following language: I wish to opt out of the monetary portion of the settlement of this case. I understand that by requesting to be excluded from the class monetary settlement, I will receive no money or Gift Cards from the settlement funds created in accordance with the Agreement entered into by Kmart. I understand that if I am excluded from the class monetary settlement, I may bring a separate action seeking damages. I understand that in any separate lawsuit, I may receive nothing or less than I would have received if I had filed a claim under the monetary provisions of this Agreement. I also understand that I may not seek exclusion from the non-monetary relief set forth in the Agreement, and that I will be bound by the class injunctive provisions of the Agreement entered into by Kmart if the Agreement is approved by the Court.
16.2 To the extent a potential Damages Settlement Sub-Class Member submits an Opt- Out Statement with language that differs from the foregoing, either party reserves the right to seek review of the Court to have the Opt-Out Statement declared valid or invalid. All potential Damages Settlement Sub-Class Members who do not timely opt out of the damages provisions of this Agreement shall be bound by the resolution of any and all issues arising in connection with the Damages Settlement Sub-Class claims for damages and attorneys’ fees.
16.3 No Settlement Class Member may opt out of the injunctive relief provisions of this Agreement. No Named Plaintiff may opt out of any of the provisions of this Agreement.
16.4 The Claims Administrator shall stamp the date received on the original of any Opt-Out Statement it receives and serve copies of the Statement on Class Counsel and Kmart’s counsel not later than three (3) business days after receipt thereof and shall file the date-stamped originals of any Opt-Out Statements with ...
Opt-Out Right. In the event that, as of any given Critical Juncture with respect to any given Product, not all of the relevant Critical Criteria shall have been fully satisfied or met, each Party shall have the right to (a) cease its participation in and funding of the Development and Registration Activities relating to such Product and the related Development Plan under this Agreement and (b) if the participation in the Development and Registration Activities for the AK Product has been ceased by Bxxxxxx according to (a), terminate its obligation to make any further Milestone Payments in respect of the AK Product under Section 6.4 (the “Opt-Out”). Such right shall be exercisable by the giving of written notice to the other Party on or before the Opt-Out Notice Date provided for in the relevant Development Plan, and the aforesaid Opt-Out shall be effective on the date on which such notice shall be given (such date being the “Opt-Out Date”). In the event that a Party has validly exercised its right under this Section 5.11.3 to opt out of the development of any Product, the necessary and reasonable costs of winding down or transitioning to the other Party, as the case may be, the Development and Registration Activities with respect to such Product shall be borne by the Parties in proportion to the cost sharing ratios set forth in Section 5.6 for that Product.
