Settlement by SPE Sample Clauses

Settlement by SPE. SPE shall have the right to act on Marvel’s behalf solely for the purpose of settling any or all pending litigation between Marvel and MGM with respect to the Property on terms (and within a time period) which will satisfy the Condition set forth in Section 1.b(ii) and (iii), provided that Marvel is not obligated to make any payment to SPE or MGM in connection therewith and that such settlement does not create, assume (or constitute an admission of) any right(s), liens, encumbrances and/or obligations in favor of MGM and/or any other party which would be binding on Marvel or its successors other than (i) the release of claims and other customary terms of litigation settlement agreements, including representations, warranties and indemnification obligations relating to authority and/or no prior transfer of claims, etc., and/or (ii) obligations in connection with Pictures produced by SPE hereunder. In connection with such settlement SPE shall have the right to act as Marvel’s attorney in fact under Section 18.d hereof for the purpose of executing settlement agreements, releases, stipulations, dismissals or other documents which are necessary or convenient in order to satisfy the Conditions set forth in Sections 1b.(ii) and (iii) hereof and are consistent with this Section 36.b. In connection with any such settlement entered into by SPE, no rights with respect to the Property may be granted by SPE to MGM and SPE may not permit MGM to retain any claimed rights in connection with any Production. SPE’s Rights will be subject to any and all terms and conditions contained in any settlement agreement or other document entered into by SPE as Marvel’s attorney in fact. SPE shall perform any obligations to MGM in connection with Pictures produced hereunder which are undertaken by SPE in a settlement agreement or other document entered into by SPE as Marvel’s attorney in fact (e.g., if such settlement agreement requires that a writer engaged by MGM be paid additional compensation if the writer receives credit in connection with a motion picture produced by Marvel or its successors, SPE will perform such obligation if such writer receives credit in connection with a Picture produced by SPE hereunder). If any money is paid by MGM to SPE under any settlement pursuant to this Section 36.b, SPE and Marvel will attempt in good faith to agree what portion of such money represents a payment in settlement of Marvel’s indemnification claim against MGM and if Marvel and SPE are u...
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Related to Settlement by SPE

  • Payment by Check a. If You apply for and are accepted into Company’s check paying program, Company will issue You an invoice within the first five (5) calendar days of each calendar month. Each invoice will include an invoice processing fee of twenty-five dollars ($25). Payment by check must be received by the fifteenth (15th) calendar day of each month. Acceptance into and continued participation in Company’s check paying program will be at Company’s sole discretion.

  • Permitted Assignment by Seller Seller may (i) assign this Agreement without consent of Buyer to an Affiliate of Seller or a purchaser of all or substantially all of the Seller’s assets used in connection with performing this Agreement, upon a showing of the proposed assignee’s technical and financial capability to fulfill the requirements of Seller under this Agreement, as determined by Buyer in its reasonable discretion, or (ii) transfer, pledge, encumber or assign the Facility, this Agreement or the accounts, revenues or proceeds under the Agreement as security for the project financing associated with the Facility.

  • Assignment by Contractor With the prior written consent of DCYF’s Contract Administrator, which consent shall not be unreasonably withheld, the Contractor may assign this Contract including the proceeds hereof, provided that such assignment shall not operate to relieve the Contractor of any of its duties and obligations hereunder, nor shall such assignment affect any remedies available to DCYF that may arise from any breach of the sections of this Contract, or warranties made herein including but not limited to, rights of setoff.

  • Amendment by Mutual Consent 55.01 It is agreed by the parties to this Agreement that any provision in this Agreement, other than the duration of agreement, may be amended by mutual consent of the Employer and the Union.

  • PAYMENT BY APPLICANT Payment of amounts due under this Article shall be made as set forth in Section 4.8 of this Agreement and is subject to the limitations contained in Section 7.1.

  • Assignment by the Authority Notwithstanding anything to the contrary contained in this Agreement, the Authority may, after giving 60 (sixty) days' notice to the Concessionaire, assign and/ or transfer any of its rights and benefits and/or obligations under this Agreement to an assignee who is, in the reasonable opinion of the Authority, capable of fulfilling all of the Authority's then outstanding obligations under this Agreement.

  • Assignment by Lessor The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that:

  • Deliveries by Seller At the Closing, Seller shall deliver, or cause to be delivered, to Buyer the following:

  • Payment by Credit Card Upon Customer’s written request and Comcast’s acceptance of such request, Comcast will accept certain credit card payments for charges generated under the Agreement. By providing Comcast with a credit card number, Customer authorizes Comcast to charge the card for all charges generated under this Agreement, until (i) this Agreement is terminated or (ii) Customer provides sixty (60) days prior notice that Comcast stop charging the credit card. Customer agrees to provide Comcast with updated credit card or alternate payment information on a timely basis prior to the expiration or termination of the credit card on file or in the event that Customer’s credit card limit is or will be insufficient to cover payment. If Comcast is unable to charge Xxxxxxxx's credit card for any reason, Customer agrees to pay all amounts due, including any late payment charges or bank charges, upon demand by Comcast. Comcast may limit the option to pay by credit card to specific Services or may discontinue acceptance of credit card payments in whole or in part upon thirty (30) days prior notice to Customer.

  • Indemnity by Seller (a) Seller shall release, defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, representatives and Affiliates (“Buyer Group”) against and from any Indemnifiable Losses, which arise out of or relate to or are in any way connected with (i) the Seller’s delivery of the Product to Buyer, (ii) Seller’s or its Affiliates’ ownership, development, construction, operation and/or maintenance of the Project, including the Sites(s); (iii) Third Party Claims arising from Seller’s or its Affiliates’ actions or inactions, including Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Project or Site; (iv) any environmental matters associated with the Project, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; (v) Third Party Claims arising under any agreement between Seller or its Affiliates ; or (vi) resulting from Seller’s or its Affiliates’ violation of any applicable Law, or requirements of Transmission Provider, Utility Distribution Company, NERC, WECC or Reliability Organization; in each case including any loss, claim, action or suit, for or on account of injury to, bodily or otherwise, or death of, persons, or for damage to or destruction or economic loss of property belonging to Xxxxx, Seller, Seller’s Affiliates, or others, excepting only such Indemnifiable Losses, to the extent solely caused by the willful misconduct or gross negligence of a member of the Buyer Group.

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