Preemption. Holders of Series 7 Preferred Limited Partnership Units shall not have any rights of preemption with regard to any Partnership Interests.
Preemption. In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the LFA.
Preemption. It is expressly understood and agreed that all provisions of this Article shall preempt any statute, Executive Order, local ordinance, City policy or rule, which is in conflict with or is inconsistent with this Article and the procedures developed hereunder, including for example and not by way of limitation, any contrary provisions of Texas Local Government Code Chapters 141, 142, and 143, including but not limited to Section 143.312, and Chapter 143, Subchapters A, B, C and I, as amended, and Texas Government Code Sections 614.021, 614.022 and 614.023.
Preemption. As more fully described in Section III(3)(C), above, Account Xxxxxx agrees and acknowledges that the Account includes Tickets only for Team Games presented by the applicable Team and played at the applicable Venue during the applicable League’s preseason and regular season. Account Holder agrees and acknowledges that each Team must comply with certain agreements and mandates made by the applicable League, and the League reserves the right to cancel, postpone, reschedule or relocate games, as determined in its sole discretion; modify or discontinue, temporarily or permanently, any aspects of the rules, operations and presentations of Team-related games and events; and relocate any ticket seat locations, including season ticketholder seat locations, during Post-Season Games and other League-controlled games (“League Preemption”). In the event a Team Game is not played at the Venue as originally scheduled for any reason, including League Preemption, such circumstance shall in no way be deemed, argued or construed to be a breach by KSE of any terms, conditions, agreement or other duties or obligations related to the sale of a Ticket and, in such event, Account Xxxxxx’s sole remedy shall be a pro-rata account credit or refund equal to the price paid for the affected Ticket(s) (as specified in the Statement) and Account Holder hereby irrevocably waives and releases any claims Account Holder may have against KSE, the Teams, the Venue and/or the Leagues with respect to such Team Game not played at the Venue.
Preemption. To the extent that any provision of this Article conflicts with or changes Chapters 141, 142 or 143 of the Texas Local Government Code or any other applicable statute, executive order, or local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Government Code.
Preemption. This article is intended to preempt Ohio Revised Code 5923.05.
Preemption. If not more than thirty (30) days prior to receipt of any request for a Demand Registration pursuant to Section 5.1(a) the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of equity securities on behalf of the Company, (ii) solicited bids for a primary offering of Common Shares, or (iii) otherwise reached an understanding with an underwriter with respect to a primary offering of Common Shares, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Holders making a request for a Demand Registration within three (3) business days after the Company has received the request. The period of preemption may be up to forty-five (45) days following the date of the Preemption Notice. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 5.1(f) more than once during any twelve (12) month period.
Preemption. In the event there is a conflict between any provision of this Agreement and any other agreement, plan, policy or program of the Company, the provisions of this Agreement shall control.
Preemption. Officers shall be entitled to Holiday, Vacation and Sick Leave as provided in this Article and as provided and defined by City of Austin and APD policy and procedure as of the effective date of this AGREEMENT. Such entitlements shall not be changed during the term of this AGREEMENT, and shall totally preempt any provisions for leave under Chapters 141, 142, and 143 of the Local Government Code.
Preemption. If federal or state Applicable Laws preempt a provision or limit the enforceability of a provision of this Agreement, then the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by such Applicable Law. In that event, the parties shall negotiate in good faith to reconstitute this Agreement in a form that, to the maximum extent possible, is consistent with the parties’ original intent and preserves the benefits bargained for by each party. If such federal or state Applicable Law is subsequently repealed, rescinded, amended or otherwise changed so that the provision of this Agreement that had been preempted is no longer preempted, then such provision shall return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the County.
