REBUTTAL BRIEF. Within 1 week after the submission of IBM's reply brief, Adaptec may, at its discretion, submit its rebuttal brief, not to exceed 5 pages, or, in the alternative, inform the Adjudicator and IBM that it elects not to do so.
REBUTTAL BRIEF Sample Clauses
Related to REBUTTAL BRIEF
Rebuttal Employees shall have the right to respond in writing and/or through grievance procedure to any materials placed in their official personnel file. Any written response by the employee shall be appended to the appropriate document.
Rebuttable Presumption For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract.
Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party.
Search, Enquiry, Investigation, Examination And Verification a. The Property is sold on an “as is where is basis” subject to all the necessary inspection, search (including but not limited to the status of title), enquiry (including but not limited to the terms of consent to transfer and/or assignment and outstanding charges), investigation, examination and verification of which the Purchaser is already advised to conduct prior to the auction and which the Purchaser warrants to the Assignee has been conducted by the Purchaser’s independent legal advisors at the time of execution of the Memorandum. b. The intending bidder or the Purchaser is responsible at own costs and expenses to make and shall be deemed to have carried out own search, enquiry, investigation, examination and verification on all liabilities and encumbrances affecting the Property, the title particulars as well as the accuracy and correctness of the particulars and information provided. c. The Purchaser shall be deemed to purchase the Property in all respects subject thereto and shall also be deemed to have full knowledge of the state and condition of the Property regardless of whether or not the said search, enquiry, investigation, examination and verification have been conducted. d. The Purchaser shall be deemed to have read, understood and accepted these Conditions of Sale prior to the auction and to have knowledge of all matters which would have been disclosed thereby and the Purchaser expressly warrants to the Assignee that the Purchaser has sought independent legal advice on all matters pertaining to this sale and has been advised by his/her/its independent legal advisor of the effect of all the Conditions of Sale. e. Neither the Assignee nor the Auctioneer shall be required or bound to inform the Purchaser of any such matters whether known to them or not and the Purchaser shall raise no enquiry, requisition or objection thereon or thereto.
Production of Witnesses At all times from and after the Distribution Date, upon reasonable request: (a) FTD shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the UOL Entities, the directors, officers, employees and agents of any member of the FTD Entities as witnesses to the extent that the same may reasonably be required by the requesting Party (giving consideration to business demands of such directors, officers, employees and agents) in connection with any legal, administrative or other proceeding in which the requesting Party may from time to time be involved, except in the case of any action, suit or proceeding in which any member of the FTD Entities is adverse to any member of the UOL Entities; and (b) United Online shall use commercially reasonable efforts to make available, or cause to be made available, to any member of the FTD Entities, the directors, officers, employees and agents of any member of the UOL Entities as witnesses to the extent that the same may reasonably be required by the requesting Party (giving consideration to business demands of such directors, officers, employees and agents) in connection with any legal, administrative or other proceeding in which the requesting Party may from time to time be involved, except in the case of any action, suit or proceeding in which any member of the UOL Entities is adverse to any member of the FTD Entities.
Reimbursement for Expenses of a Witness or in Response to a Subpoena Notwithstanding any other provision of this Agreement, to the extent that Indemnitee, by reason of his or her Corporate Status, (i) is a witness in any Proceeding to which Indemnitee is not a party and is not threatened to be made a party or (ii) receives a subpoena with respect to any Proceeding to which Indemnitee is not a party and is not threatened to be made a party, the Company shall reimburse Indemnitee for all Expenses actually and reasonably incurred by him or her or on his or her behalf in connection therewith.
Prima Facie Evidence The entries made in the accounts maintained pursuant to paragraph (b) or (c) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of the Borrower to repay the Loans in accordance with the terms of this Agreement.
Bibliography Xxxx, X. & Xxxxxxxx, X. A New Reference Grammar of Modern Spanish. London: Xxxxxx Xxxxxx, 1989 (varias eds.). Xxxxx Xxxxxxx, X. Xxxxxx y escribir correctamente: gramática normativa del español actual. Madrid: Arco/Libros. 2006. Real Academia Española, Asociación de Academias de la Lengua Española. Nueva gramática de la lengua española: Manual. Madrid: Espasa, 2010. Xxxxxxx, M.S. Spanish/English Contrasts: a Course in Spanish Linguistics. Georgetown University Press. 2002. xxx.xxx.xxxxxxxxx.xx/aula/didactired/didactiteca (The Instituto Xxxxxxxxx Didactics Library) xxx.xxx.xxxxxxxxx.xx/aula/pasatiempos (Interactive didactic activities aimed at students of Spanish) xxx.xxx.xxxxxxxxx.xx/lengua/refranero (A selection of proverbs and proverbial phrases in Spanish with their equivalents in a range of other languages.) xxx.xxx.xx (Diccionario de la Real Academia de la Lengua Española) xxx.xxxxxxxxxxxxx.xxx (Diccionario inglés-español-inglés) Final Grades will be calculated with the following distributive basis in mind: - Regular class attendance: 10% - Classwork undertaken: 15% - Active participation in class sessions: 25% - The successful completion of an assignment based on the prose work, Xxxxxxxxx xx Xxxxxx: 15% - A final exam which will involve testing all Course-content: 35% - Grading on a scale of 10 as maximum: Fail (0-4’9); Pass (5-6’9); Very Good (7- 8’9); Excellent (9); With Distinction (10). Course FA-37 PAINTING IN LITERARY SEVILLE (45 class hours) Lecturer: Xxxx Xxxxx (xxxxxxxxxxxxxxxx@xxxxx.xxx) Substitute Lecturer: Xxxx Xxxxxx Xxxx (xxxx@xxxxxxxxx.xxx)
Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.
