SUBJECT TO THE TERMS and conditions of this Agreement, Licensee and each Approved System may make Included Programs available hereunder through a Push Download. The use of Push Download in connection with the exhibition of any Included Program hereunder shall not be relevant to the computation of license fees hereunder.
SUBJECT TO THE TERMS. AND CONDITIONS SET FORTH HEREIN, THE COMPANY HEREBY AWARDS TO THE EXECUTIVE, IN THE FORM OF RESTRICTED STOCK, EIGHTY THOUSAND (80,000) SHARES OF THE COMMON STOCK OF THE COMPANY, PAR VALUE $.01 (THE "STOCK"). THE SHARES AND ALL DISTRIBUTIONS WITH RESPECT TO THE SHARES SHALL BE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 2 HEREOF.
SUBJECT TO THE TERMS. OF THE WORKING CAPITAL AGREEMENT, THE LESSEE HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY PENNSYLVANIA COURT OR FEDERAL COURT SITTING IN PENNSYLVANIA IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTION DOCUMENTS TO WHICH THE LESSEE IS A PARTY, AND THE LESSEE HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN SUCH PENNSYLVANIA COURT OR IN SUCH FEDERAL COURT. THE LESSEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING. THE LESSEE IRREVOCABLY CONSENTS TO THE SERVICE OF COPIES OF THE SUMMONS AND COMPLAINT AND ANY OTHER PROCESS WHICH MAY BE SERVED IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO THE LESSEE AT ITS ADDRESS SPECIFIED IN SECTION 8.02. THE LESSEE AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT OF BCC TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR AFFECT THE RIGHT OF BCC TO BRING ANY ACTION OR PROCEEDING AGAINST THE LESSEE OR ITS PROPERTY IN THE COURTS OF OTHER JURISDICTIONS.
SUBJECT TO THE TERMS. OF THE WORKING CAPITAL AGREEMENT, THE LESSEE HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY PENNSYLVANIA COURT OR FEDERAL COURT SITTING IN PENNSYLVANIA IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE OTHER TRANSACTION DOCUMENTS TO WHICH THE LESSEE IS A PARTY, AND THE LESSEE HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN SUCH PENNSYLVANIA COURT OR IN SUCH FEDERAL COURT. THE LESSEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT IT MAY EFFECTIVELY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM TO THE MAINTENANCE OF SUCH ACTION OR PROCEEDING. THE LESSEE IRREVOCABLY CONSENTS TO THE SERVICE OF COPIES OF THE SUMMONS AND COMPLAINT AND ANY OTHER PROCESS WHICH MAY BE
SUBJECT TO THE TERMS. AND CONDITIONS OF THIS AGREEMENT, SILVERSTREAM HEREBY GRANTS TO PARTNERS DURING THE TERM OF THIS AGREEMENT A NON-ASSIGNABLE AND NON-TRANSFERABLE RIGHT AND LICENSE TO USE THE SILVERSTREAM MARKS IN THE CONDUCT OF ITS BUSINESS IN A STYLE AND MANNER APPROVED BY SILVERSTREAM IN WRITING PRIOR TO SUCH USE. PARTNER MAY, IN ADVERTISING, PROMOTIONAL MATERIALS, LETTERHEADS, INVOICES, AND OTHER APPROPRIATE DOCUMENTS, DESCRIBE ITSELF AS AN "AUTHORIZED PARTNER FOR SILVERSTREAM SOFTWARE PRODUCTS." PARTNER SHALL FORWARD TO SILVERSTREAM FOR ITS PROMPT REVIEW AND APPROVAL ANY AND ALL FORMS OF PROPOSED ADVERTISING OR PROMOTIONAL MATERIALS OF PARTNER WHICH INCLUDE A SILVERSTREAM MARK.
SUBJECT TO THE TERMS. OF SECTION 2.1(b) AND 2.1(e), THE AGENT'S AUTHORITY WITH RESPECT TO THE ASSIGNED AGREEMENTS SHALL BE EXCLUSIVE, AND NO HOLDER SHALL TAKE ANY ACTION OR EXERCISE ANY RIGHT UNDER ANY ASSIGNED AGREEMENT WITHOUT THE CONSENT OF THE AGENT.
