Other Scenarios a) If a situation arises that is not covered by any of the foregoing three scenarios, the parties will negotiate in good faith for an appropriate economic arrangement based on Base Shares.
Other Scenarios. Subject to Section 11, this Section 10 shall not be construed to suggest that a party has no remedy other than under this Section 10 (or does not have any particular remedy) for Losses and diminutions in value which arise from breaches of this Agreement or of the Supply Agreement but which are not incurred as a result of a Claim. Further, Company agrees that if any CyDex Indemnitee incurs any Losses (including without limitation additional legal costs, issues with one’s auditing independent registered public accounting firm or need to change one’s auditing independent registered public accounting firm, shareholder lawsuits, etc.) as a direct result of (subparts (i) through (iii) all being satisfied): (i) the Licensed Product containing the Compound, (ii) cannabis and/or cannabis derived products being illegal under US federal law or any applicable foreign or state law) and (iii) CyDex being a party to and performing this Agreement/the Supply Agreement, then if Company is not otherwise required pursuant to this Agreement/the Supply Agreement to indemnify such CyDex Indemnitee for such Loss, Company and CyDex (and such CyDex Indemnitee, if the CyDex Indemnitee is not CyDex itself) shall negotiate in good faith an agreement for Company to reimburse such CyDex Indemnitee for an equitable portion of such Losses. Notwithstanding anything in this Section 10.5 to the contrary, under no circumstance shall Company’s maximum liability under this Section 10.5 to any and all CyDex Indemnities claiming Losses during the Term, in the aggregate, exceed the lesser of (a) [***] or (b) [***].
Other Scenarios. Subject to Section 10, this Section 9 shall not be construed to suggest that a Party has no remedy other than under this Section 9 (or does not have any particular remedy) for Losses and diminutions in value which arise from breaches of this Agreement but which are not incurred as a result of a Claim.
Other Scenarios. Subject to Section 11, this Section 10 shall not be construed to suggest that a Party has no remedy other than under this Section 10 (or does not have any particular remedy) for Losses and diminutions in value which arise from breaches of this Agreement or of the CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Supply Agreement but which are not incurred as a result of a Claim.
Other Scenarios. Beyond the conventional deployment scenarios described above, there is already increased attention on mobile or nomadic small cell deployments on cars, buses and so on. To that end, 3GPP is already considering this vehicular small cell connectivity or tethering to be one of the potential use cases of 5G vehicle-to-everything (V2X) [3GPP2017b]. In this scenario, the vehicle acts as a mobile small cell that provides network access to both vehicle occupants and pedestrians (see Figure 11). The vehicle provides several advantages (availability of power, higher number of antennas, size etc.) that make it a feasible site for small cells. Therefore, this scenario provides an opportunity for mobile network operators to provide network densification in urban areas (with high levels of slow-moving road traffic) without the usual high upfront costs of conventional fixed small cells. Yet another deployment scenario that is receiving attention in research are drone small cells which are aerial wireless base stations that can be mounted on flying devices such as unmanned aerial vehicles (UAVs) [Mozafarri2017]. These drone small cells enable interesting opportunities to provide 8 xxxxx://xxx.xxxxxxxxxxxxxx.xxx/Small-Cells/Rural/ services to ground users in a variety of scenarios (e.g. disaster zones, unexpected hotspots etc.), but technical challenges, such as, backhauling and power remain an area of further research. Figure 11 Example utilisation of a vehicle as mobile small cell [3GPP2017b]
