Due Execution This Agreement has been duly executed and delivered by such party and, with due authorization, execution and delivery by the other party, constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms.
AGREEMENT EXECUTION The agreement form delivered to the successful Vendor for signature MUST be executed by a representative who has the legal capacity to enter the organization into a formal agreement with the State of Delaware, Government Support Services.
CONTRACT EXECUTION Each individual executing this Agreement on behalf of Consultant represents that he or she is fully authorized to execute and deliver this Agreement.
Counterpart Execution This Agreement may be executed in any number of counterparts with the same effect as if all of the Members had signed the same document. All counterparts shall be construed together and shall constitute one agreement.
Delivery and Acceptance of the Manuscript The Author shall deliver the Contribution to the Editor (or, if requested by the Publisher, to the Publisher) on or before Delivery Date (the “Delivery Date”) electronically in the Publisher's standard requested format or in such other form as may be agreed in writing with the Publisher. The Author shall retain a duplicate copy of the Contribution. The Contribution shall be in a form acceptable to the Publisher (acting reasonably) and in line with the instructions contained in the Publisher’s guidelines as provided to the Author by the Publisher. The Author shall provide at the same time, or earlier if the Publisher reasonably requests, any editorial, publicity or other information (and in such form or format) reasonably required by the Publisher. The Publisher may exercise such additional quality control of the manuscript as it may decide at its sole discretion including through the use of plagiarism checking systems and/or peer review by internal or external reviewers of its choice. If the Publisher decides at its sole discretion that the final manuscript does not conform in quality, content, structure, level or form to the stated requirements of the Publisher, the Publisher shall be entitled to terminate this Agreement in accordance with the provisions of this Clause. The Author must inform the Publisher at the latest on the Delivery Date if the sequence of the naming of any co-authors entering into this Agreement shall be changed. If there are any changes in the authorship (e.g. a co-author joining or leaving), then the Publisher must be notified by the Author in writing immediately and the Parties will amend this Agreement accordingly. The Publisher shall have no obligation to consider publication under this Agreement in the absence of such agreed amendment. If the Author fails to deliver the Contribution in accordance with the provisions of this Clause above by the Delivery Date (or within any extension period given by the Publisher at its sole discretion) or if the Author (or any co-author) dies or becomes incapacitated or otherwise incapable of performing the Author’s obligations under this Agreement, the Publisher shall be entitled to either: (a) elect to continue to perform this Agreement in accordance with its terms and the Publisher may commission an appropriate and competent person (who, in the case of co-authors having entered into this Agreement, may be a co-author) to complete the Contribution; or (b) terminate this Agreement with immediate effect by written notice to the Author or the Author's successors, in which case all rights granted by the Author to the Publisher under this Agreement shall revert to the Author/Author's successors (subject to the provisions of the Clause "Termination"). The Author agrees, at the request of the Publisher, to execute all documents and do all things reasonably required by the Publisher in order to confer to the Publisher all rights intended to be granted under this Agreement. The Author warrants that the Contribution is original except for any excerpts from other works including pre-published illustrations, tables, animations, text quotations, photographs, diagrams, graphs or maps, and whether reproduced from print or electronic or other sources ("Third Party Material") and that any such Third Party Material is in the public domain (or otherwise unprotected by copyright/other rights) or has been included with written permission from or on behalf of the rights holder (and if requested in a form prescribed or approved by the Publisher) at the Author's expense unless otherwise agreed in writing, or is otherwise used in accordance with applicable law. On request from the Publisher, the Author shall in writing indicate the precise sources of these excerpts and their location in the manuscript. The Author shall also retain the written permissions and make them available to the Publisher on request.
Electronic Execution and Delivery A digital reproduction, portable document format (“.pdf”) or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by electronic signature (including signature via DocuSign or similar services), electronic mail or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes.
Execution This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to each other party, it being understood that the parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.
Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. SCHEDULE “A” Proceedings Court and File No. Part Plaintiff(s) Defendants Settlement Class Common Issues Class Period Ontario Actions Ontario Heater Sheridan Denso Corporation, Denso All Persons in Canada who, Did the Settling Defendants January 1, 2000 to November Superior Control Chevrolet International America Inc., during the Class Period, (a) conspire to fix, raise, 2, 2016 Court of Panel Cadillac Ltd., Denso Manufacturing Canada purchased, directly or maintain, or stabilize the Justice The Pickering Inc., Denso Sales Canada Inc., indirectly, Heater Control prices of Heater Control Court File Auto Mall Tokai Rika Co., Ltd., TRAM, Panels; and/or (b) purchased or Panels in Canada and/or No. CV-12- Ltd., and Fady Inc., TRMI, Inc., TRIN, Inc., leased, directly or indirectly, a elsewhere during the Class 449233- Xxxxxx Calsonic Kansei Corporation, new or used Automotive Period? If so, what 00CP Calsonic Kansei North America, Vehicle containing Heater damages, if any did Inc., Sumitomo Electric Control Panels; and/or (c) Settlement Class Members Industries Ltd., Sumitomo purchased for import into suffer? Wiring Systems Ltd., Sumitomo Canada, a new or used Electric Wiring Systems Inc., Automotive Vehicle containing Sumitomo Electric Wintec Heater Control Panels. America, Inc., Sumitomo Wiring Excluded Persons and Persons Systems (U.S.A.) Inc., K&S who are included in the Quebec Wiring Systems, Inc., Alps Settlement Class and the BC Electric Co., Ltd., Alps Electric Settlement Class are excluded (North America), Inc., and Alps from the Ontario Settlement Automotive Inc. Class. Ontario Occupant Xxxxxxxx Xxxxxx Corporation, Tokai Rika Co., Ltd., TRQSS Inc., TRAM, Inc., TAC Manufacturing, Inc., Toyoda Gosei, Co., Ltd., Toyoda Gosei North America Corporation, and TG Missouri Corporation All Persons in Canada who, Did the Settling Defendants January 1, 2003 to December Superior Safety Chevrolet during the Class Period, (a) conspire to fix, raise, 4, 2014 Court of Systems Cadillac Ltd., purchased, directly or maintain, or stabilize the Justice The Pickering indirectly, Occupant Safety prices of Occupant Safety Court File Auto Mall Systems; and/or (b) purchased Systems in Canada and/or No. CV-13- Ltd., Fady or leased, directly or indirectly, elsewhere during the Class 472259- Xxxxxx, and a new or used Automotive Period? If so, what 00CP Xxxx X’Xxxxx Vehicle containing Occupant damages, if any did Swinkels Safety Systems and/or (c) Settlement Class Members purchased for import into suffer? Canada, a new or used
Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.
