Subject to Section 9 Sample Clauses
The "Subject to Section 9" clause establishes that the provisions being discussed are conditional upon or limited by the terms set out in Section 9 of the agreement. In practice, this means that any rights, obligations, or procedures described in the current section must be interpreted in light of, and may be overridden or modified by, the specific rules or exceptions detailed in Section 9. For example, if Section 9 contains special limitations or requirements, those will take precedence over conflicting terms elsewhere. This clause ensures consistency and prevents conflicts within the contract by clarifying which section governs in the event of discrepancies.
Subject to Section 9. 2.1 and Section 9.2.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors, assigns and transferees.
Subject to Section 9. 4.4, the quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to Requesting Carrier hereunder shall be at least equal in quality to that which Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by Requesting Carrier, or access to such Network Element at a level of quality that is equal to that which Ameritech provides to itself.
Subject to Section 9. 2, the Parties acknowledge and agree that the Subject Shares shall bear a restrictive legend in substantially the following form: THE SECURITIES REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO THE RESTRICTIONS CONTAINED IN AN IRREVOCABLE VOTING DEED AND CORPORATE REPRESENTATIVE APPOINTMENT, DATED AS OF [•], 2009, BY AND AMONG THE COMPANY, RSL SAVANNAH LLC, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ AND TW MEDIA HOLDINGS LLC, AS MODIFIED OR SUPPLEMENTED FROM TIME TO TIME (A COPY OF WHICH IS ON FILE WITH THE SECRETARY OF THE COMPANY).
Subject to Section 9. 11 of the Credit Agreement, this Agreement shall not be changed orally but shall be changed only by agreement in writing signed by Debtor and Secured Party. No course of dealing between the parties, no usage of trade and no parole or extrinsic evidence of any nature shall be used to supplement or modify any of the terms or provisions of this Agreement.
Subject to Section 9. 2.1, PMC shall be responsible at its sole expense for and shall control the preparation, filing, prosecution, grant and maintenance of any patents and patent applications having as subject matter an invention which is part of Results and which ownership is attributed to PMC in accordance with Section 9.1 hereof (the "PMC Research Patents"). PMC shall prepare, file, prosecute and maintain PMC Research Patents in food faith consistent with its customary patent policy and its reasonable business judgment, and shill consider in good faith the interests of CORIXA in so doing.
Subject to Section 9. (a) but notwithstanding any other provision to the contrary contained elsewhere in this Agreement, an agreement of merger or consolidation approved in accordance with Section 9.5(a) may, to the extent permitted by section 17-211(g) of the Act and Section 9.5(a), (i) effect any amendment to this Agreement, (ii) effect the adoption of a new limited partnership agreement for the Partnership if it is the surviving or resulting limited partnership in the merger or consolidation, or (iii) provide that the limited partnership agreement of any other constituent limited partnership to the merger or consolidation (including a limited partnership formed for the purpose of consummating the merger or consolidation) shall be the limited partnership agreement of the surviving or resulting limited partnership.
Subject to Section 9. 4.4, the quality of a Network Element, as well as the quality of the access to such Network Element, that Ameritech provides to CLEC hereunder shall be at least equal in quality to that which Ameritech provides to itself, its subsidiaries, Affiliates and any other person, unless Ameritech proves to the Commission that it is not technically feasible to provide the Network Element requested by CLEC, or access to such Network Element at a level of quality that is equal to that which Ameritech provides to itself.
Subject to Section 9. 2.2, the Trust shall indemnify and hold harmless each and every Trustee and officer of the Trust and each former Trustee and officer of the Trust (each hereinafter referred to as a "Covered Person") from and against any and all claims, demands, costs, losses, expenses, and damages whatsoever arising out of or related to such Covered Person's performance of his or her duties as a Trustee or officer of the Trust or otherwise relating to any act, omission, or obligation of the Trust.
Subject to Section 9. 2(i), in case the Shareholders decide to (i) approve or amend the Annual Operating Budget; and/or (ii) approve or amend the Mid-Term Business Plan, the Shareholders shall, prior to such approval or amendment, discuss in good faith, based on the potential impacts to the Mid-Term Business Plan or Long-Term Business Plan expressly identified and presented by the management of the Company and/or by any Shareholder, if any amendment to the Mid-Term Business Plan or Long-Term Business Plan (as applicable) is necessary or not. If the Shareholders conclude in good faith that it is necessary to amend the Mid-Term Business Plan or Long-Term Business Plan (as applicable) accordingly, the Shareholders shall, on the same date of the approval of the Annual Operating Budget or Mid-Term Business Plan or any amendment thereto (as applicable), also approve (pursuant to Section 9.2(i)) such amendment to the Mid-Term Business Plan and/or the Long Term Business Plan (as applicable) accordingly."
1.7 The Parties hereby decide to include a new Section 12.1.3, which shall become effective as follows:
Subject to Section 9. 6.1, Company agrees to pay Harvard the total amount of [**] United States Dollars (US $[**]), as follows:
3.1.1 [**] United States Dollars (US $[**]) for 2016 to be paid in [**] equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within forty-five (45) days of receipt of the invoice from Harvard for such amount. Harvard shall issue each invoice to Company at least [**] prior to the start of each Calendar Quarter in 2016 after the Effective Date.
3.1.2 [**] United States Dollars for 2017 ($[**]) to be paid as follows: (a) a first installment of [**] United States Dollars (US $[**]) and (b) [**] subsequent equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within [**] of receipt of the invoice from Harvard for such amount. Harvard shall issue each invoice to Company at least [**] prior to the start of each Calendar Quarter in 2017.
3.1.3 [**] United States Dollars ($[**]) for 2018 to be paid as follows: (a) a first installment of [**] United States Dollars (US $[**]) and (b) [**] subsequent equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within [**] of receipt of the invoice from Harvard for such amount. Harvard shall issue each invoice to Company at least [**] prior to the start of each Calendar Quarter in 2018.
3.1.4 [**] United States Dollars for 2019 ($[**]) to be paid as follows: (a) a first installment of [**] United States Dollars (US $[**]) and (b) [**] subsequent equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within [**] of receipt of the invoice from Harvard for such amount. Harvard shall issue each invoice to Company at least [**] prior to the start of each Calendar Quarter in 2019.
3.1.5 [**] United States Dollars ($[**]) for 2020 to be paid as follows: (a) a first installment of [**] United States Dollars (US $[**]) and (b) [**] subsequent equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within [**] of receipt of the invoice from Harvard for such amount. Harvard shall issue each invoice to Company at least [**] prior to the start of each Calendar Quarter in 2020.
3.1.6 [**] United States Dollars ($[**]) for 2021 to be paid in [**] equal installments of [**] United States Dollars (US $[**]) each, each of which shall be payable within [**] of receipt of the invoice from Harvard for such amount. Harvard shall issue...