Outside of the United States. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by the Card Network into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the Card Network from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Network itself receives or the government-mandated rate in effect for the applicable central processing date. The Card Network (independently of us) may assess a fee for currency conversion based upon the amount of the transaction in the currency of your Card Account and will retain this amount as compensation for its services. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. If you obtain your funds or make a purchase in a currency other than the currency in which your Card Account was issued, you will be assessed an International Transaction Fee equal to a percentage of the transaction amount, but no less than one cent ($0.01), by the Issuer. For specific fee information including the percentage assessed, see the Fee Schedule attached to this Agreement. Transactions made outside of the 50 United States and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency. For security reasons, the Issuer may limit or deny use of your Card in certain foreign countries. Some foreign merchants may allow you to complete your transaction in U.S. Dollars rather than the applicable foreign currency. Oftentimes, the merchant will assess a fee for such a service. You should inquire with the merchant before conducting the transaction, as we do not control the amount of such fee.
Outside of the United States. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement or the Plan.
Outside of the United States. If Licensee is located outside of the United States, this section shall apply.
(a) If any applicable law requires Licensee to withhold amounts from any payments to Netscape hereunder, (i) Licensee shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Netscape with tax receipts evidencing the payments of such amounts, and (ii) the sum payable by Licensee upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, Netscape receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Netscape would have received and retained absent such required deduction or withholding.
(b) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language").
(c) If any applicable law requires Licensee to obtain technology import rights and complete certain registration requirements in order for this Agreement to be enforceable under such law, Licensee hereby represents that Licensee has duly obtained and maintains valid technology import rights, and that Licensee has duly completed or will duly complete the registration formalities required by such law.
Outside of the United States. If User acquired the Software in any other country, the laws of England apply regardless of its conflicts of law principles. Any controversy or claim arising out of or relating to the TEMPORARY LICENSE AGREEMENT, or any breach thereof, will be settled by arbitration to be held in the English language at a mutually agreeable location in accordance with the commercial arbitration Rules of the American Arbitration Association (for contracts entered into in the United States) or the International Chamber of Commerce (for contracts outside the United States). Any award rendered by the arbitrator(s) may include costs against either Party and may be entered into a court of competent jurisdiction for enforcement, but under no circumstances are the arbitrator(s) authorised or empowered to award special, punitive or multiple damages against either Party. Any action brought against Company under this TEMPORARY LICENSE AGREEMENT must be brought within twelve (12) months after the cause of action arises.
Outside of the United States. Subject to Section 5.4, during the Royalty Period applicable to any country in the Territory other than the United States, Incline shall pay to ALZA the following royalties on Net Sales in such country by Incline, its Affiliates and sublicensees:
(a) [**] percent ([**]%) of annual Net Sales in all countries in the Territory other than the United States during a Contract Year for that portion of the annual aggregate Net Sales in all countries in the Territory other than the United States that is less than or equal to $[**] million;
(b) [**] percent ([**]%) of annual Net Sales in all countries in the Territory other than the United States during a Contract Year for that portion of the annual aggregate Net Sales in all countries in the Territory other than the United States that is greater than $[**] million and less than or equal to $[**] million;
(c) [**] percent ([**]%) of annual Net Sales in all countries in the Territory other than the United States during a Contract Year for that portion of the annual aggregate Net Sales in all countries in the Territory other than the United States that is greater than $[**] million and less than or equal to $[**] million; and
(d) [**] percent ([**]%) of annual Net Sales in all countries in the Territory other than the United States during a Contract Year for that portion of the annual aggregate Net Sales in all countries in the Territory other than the United States that is greater than $[**] million.
Outside of the United States. With respect to any PSC Project Person whose primary place of employment for performing the Services is (or will be) located in countries other than the United States, prior to assigning any such PSC Project Person to perform any of the Services, PSC will perform (or will have previously performed) a background check including educational background, work history, and criminal background, as permitted by applicable law. The scope and manner of such background checks will be subject to a commercially reasonable standard with respect to providers of similar services in each such country. Notwithstanding the foregoing, as permitted by applicable law, with respect to Services to be provided in India, the criminal record background check shall include physical verifications of the records of the jurisdictional police stations associated with the PSC Project Person’s permanent residence address in India and, if applicable, the PSC Project Person’s temporary residence address in India, to the extent available. In the event that, in accordance with the terms of this Agreement, THC requests a relocation of the Services to a country other than the country from which the Services are then-currently being performed and the cost of conducting such background checks in such new Service Location exceeds such costs in the country from which the Services were relocated and such increased costs are due solely to the relocation, then any such increased costs will be considered as part of the “one-time transition costs” associated with such relocation in accordance with Article 13 of this Agreement.
