Section XI. A shall not apply where the Settling State at issue meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein.
Section XI. A shall not apply where New York State meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein. For the avoidance of doubt, because New York State is deemed eligible for Incentive Payment A for Payment Years 1 and 2 under Section V.F.1.c, a suspension of Payments under Section XI.A.2 shall not apply to New York State for those Payment Years.
Section XI. A.(2) is hereby amended by adding after the second sentence thereof new sentences, which shall read as follows: "For purposes of this Agreement, confidential information shall not include (i) information that was or becomes known to the public through no fault of Operator or any Controlling Principal, or (ii) information that becomes available to Operator from a person who has no obligation to keep such information confidential. The burden of proof that any information is covered by the exceptions specified in clause (i) or clause (ii) above shall be upon Operator and Controlling Principal."
Section XI of this Contract is amended as follows: If You cancel this Contract within sixty (60) days after receipt of the Contract, thirty (30) days if the covered Vehicle was other than new when the Contract was purchased, and no Claim has been paid hereunder, We will refund the entire Contract purchase price. If You cancel this Contract after sixty (60) days, thirty (30) days if the covered Vehicle was other than new when the Contract was purchased, or if a Claim has been paid during the first sixty (60) days, thirty (30) days if the Vehicle was other than new when the Contract was purchased, You may cancel this Contract and We will pay a pro-rata refund of the Contract purchase price based upon the greater of the time or mileage expired from the Contract purchase date and odometer reading at that date, unless the Unlimited Miles Option was selected and the appropriate surcharge paid. If the Unlimited Miles Option was selected and the appropriate surcharge paid, the refund will be produced using the number of months this Contract was in force. Cancellations after the first sixty (60) days, thirty (30) days if the covered Vehicle was other than new when the Contract was purchased, are subject to an administration fee of twenty-five ($25) dollars or ten (10%) percent of the purchase price, whichever is less. We may cancel this Contract within the first sixty (60) days after the date of purchase only upon providing You with a notice of Cancellation at Your last known address as reflected in Our files, stating the reason for Cancellation, postmarked before the sixty-first (61st) day after the date of purchase, and We will pay a full refund of the Contract purchase price paid by You, unless We have paid a Claim hereunder or advised You in writing that We will pay a Claim, in which case We will pay a pro-rata refund of the Contract purchase price based upon the greater of the time or mileage expired from the Contract purchase date and odometer reading at that date, less the amount of any Claims paid prior to Cancellation. However, if the Unlimited Miles Option was selected and the appropriate surcharge paid, the refund will be produced using the number of months this Contract was in force less the amount of any Claims paid prior to Cancellation. We may cancel this Contract for nonpayment or for fraud or material misrepresentation by You at any time by providing You with a notice of Cancellation at Your last known address as reflected in Our files, stating the specific g...
Section XI. A shall not apply where the Later Litigating Subdivision seeks less than $10 million, or so long as its total claim is reduced to less than $10 million, in the lawsuit for a Released Claim at issue.
Section XI. A shall not apply where Texas meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein. For the avoidance of doubt, because Texas is deemed eligible for Incentive Payment A for Payment Years 1 and 2 under Section V.F.1.c, a suspension of Payments under Section XI.A.2 shall not apply to Texas for those Payment Years.
