Retention Amount. Notwithstanding the terms of this Appendix B, and without limiting the rights of the JBE under the Agreement, the JBE shall have the right at the time of Acceptance, with respect to those Deliverables in each Statement of Work, on a Statement of Work-by-Statement of Work basis, to withhold fifteen percent (15%) from the amounts to be paid by the JBE to Contractor therefor, until Acceptance of the final Deliverable under such Statement of Work. APPENDIX C: General Xxxxx and Conditions
Retention Amount. Notwithstanding the terms of this Appendix B, and without limiting the rights of the Judicial Council under the Agreement, the Judicial Council shall have the right at the time of Acceptance, with respect to those Deliverables in each Statement of Work, on a Statement of Work-by-Statement of Work basis, to withhold fifteen percent (15%) from the amounts to be paid by the Judicial Council to Contractor therefor, until Acceptance of the final Deliverable under such Statement of Work.
Retention Amount. FIRST RELEASE DATE
2.1. Subject to paragraphs 2.2 and 2.3 (inclusive), on the First Release Date the Seller and the Purchaser shall instruct the Escrow Agents to release to the Seller an amount equal to the First Retention Release Amount.
2.2. The First Retention Release Amount shall have deducted from it an amount equal to:
2.2.1. any Agreed Claim Amount(s) in respect of any Substantiated Claim(s) to the extent not already paid to the Purchaser;
2.2.2. any Agreed Estimate Amount(s) in respect of Relevant Claims that have not become Substantiated Claims; and
2.2.3. any Purchaser’s Estimate Amount(s) in respect of Relevant Claims that have not yet been dealt with under paragraph 7 of this Schedule 7 or in respect of which there is no Agreed Estimate Amount.
2.3. Any amounts deducted from the First Retention Release Amount shall be retained in the Escrow Account until they are determined or paid to the Purchaser or the Seller in accordance with the provisions of this Schedule 7.
2.4. If, subsequent to the First Release Date, any amounts deducted from the First Retention Release Amount pursuant to paragraphs 2.2.2 or 2.2.3 above are in excess respectively of the Agreed Claim Amount or Agreed Estimate Amount applicable to that Relevant Claim, the Seller and the Purchaser shall instruct the Escrow Agents to release to the Seller an amount equal to the amount of such excess provided that, at such time, there are no other Agreed Claim Amounts or Agreed Estimate Amounts or unresolved Purchaser’s Estimate Amounts referable to outstanding Relevant Claims commenced before the First Release Date which exceed the amount deducted from the First Retention Release Amount to the extent that it continues to be held in the Escrow Account. As and when such Relevant Claims are resolved or lapse the calculation referred to in the previous sentence shall be repeated to determine whether sums may at that point be released to the Seller.
2.5. If, subsequent to the First Release Date, any amounts deducted from the First Retention Release Amount pursuant to paragraphs 2.2.2 or 2.2.3 above relate to Relevant Claims which lapse, the Seller and the Purchaser shall instruct the Escrow Agents to release to the Seller an amount equal to the amount deducted provided that, at such time, there are no other Agreed Claim Amounts or Agreed Estimate Amounts or unresolved Purchaser’s Estimate Amounts referable to outstanding Relevant Claims commenced before the First Release Date which exceed the...
Retention Amount. The beginning balance, the amount added with respect to Additional Receivables or quarterly reserve loss deficiency, the amount subtracted with respect to approved claims and quarterly reserve loss surplus, and the ending balance.
Retention Amount. Notwithstanding the terms of this Appendix B, and without limiting the rights of the Court under the Agreement, the Court shall have the right at the time of Acceptance, with respect to those Deliverables in each Statement of Work, on a Statement of Work-by-Statement of Work basis, to withhold fifteen percent (15%) from the amounts to be paid by the Court to Contractor therefor, until Acceptance of the final Deliverable under such Statement of Work.
Retention Amount. An amount equal to the Retention Amount shall be on deposit in the Lockbox Account.
Retention Amount. As additional consideration for this Agreement, as well as the Nonsolicitation and Noncompete Agreement, the Company agrees to place the sum of $1,000,000 in an interest bearing account, which will be invested in accordance with the Company’s deferred compensation policy (such amount, plus any interest or other earnings accruing thereon, the “Retention Amount”). In the event that Employee voluntarily terminates employment with the Company or is terminated for “Misconduct” (as defined below) prior to the completion of four (4) years of continuous employment commencing on the Effective Date, Employee shall forfeit all rights to any portion of the Retention Amount. In the event that Employee completes four (4) years of continuous employment commencing on the Effective Date or is terminated by the Company for any reason other than Misconduct prior to such time, Employee shall receive the Retention Payment not later than fifteen (15) days after the fourth anniversary of the Effective Date or such earlier Date of Termination (defined below). Employee shall be responsible for all applicable taxes in respect of the Retention Amount.
Retention Amount. During the implementation phase of this project, at least ten (10)
Retention Amount. In lieu of participation in Dell’s incentive bonus or long term incentive plans for Fiscal Year 2010 or 2011, and provided that Executive (i) is employed with Dell on the date that is six months following the Closing Date, (ii) has terminated Executive’s employment with Good Reason before the date that is six months following the Closing Date, or (iii) is separated by Dell before the date that is six months following the Closing Date without Cause, Dell will pay Executive a “Retention Amount” of $757,000 in a lump sum within 30 days of Executive’s execution of the release of claims in the form of Exhibit A with such signing to occur within 10 days of the Retention Date, provided that Executive does not revoke the release as provided therein. Executive agrees that Executive is not otherwise entitled to the Retention Amount except in exchange for executing and not revoking the release of claims. Xxxxxxx Xxxxxxx
