Superseding Provisions. The benefits and payments set forth in Section 9(a) that may be due in connection with a Change of Control shall supersede all payments, entitlements and benefits of Executive otherwise payable under Section 7(a). The benefits and payments due under Section 9(a) replace those in Section 7(a), and are not cumulative thereof.
Superseding Provisions. This Agreement constitutes the entire understanding and agreement between the parties, and a fully executed copy shall be deemed an original for all purposes and shall supersede all prior written contracts, all addenda thereto, and any oral and/or written statements or agreements, including any letters of agreement relating to this Agreement or the terms covered herein.
Superseding Provisions. The benefits and payments set forth in Section 9(a) that may be due in connection with a Change of Control shall supersede all payments, entitlements and benefits of Executive otherwise payable under Section 7(a)(i), (ii) and (iii). The benefits and payments due under Section 9(a) replace those in Section 7(a)(i), (ii) and (iii), and are not cumulative thereof. If the benefits and payments set forth in Section 9(a) are payable to the Executive, the non-competition period under Section 7(b) and the non-piracy period under Section 7(c) shall be twenty-four (24) months from the date the Executive ceases employment. All other provisions of Section 7 shall continue to apply as written.
Superseding Provisions. (a) ¨ The Employer has completed the Plan Superseding Provisions Addendum to show the provisions of the Plan which supersede provisions of this Adoption Agreement and/or the Basic Plan Document.
Superseding Provisions. Any language provided in this Agreement DBE Section supersedes language provided by ProcurementPro for FTA-funded contracting requirements.
Superseding Provisions. The Employer may elect Option (a) below and complete the Superseding Provisions Addendum to describe overriding provisions which cannot be shown by making the elections provided in this Adoption Agreement.
(a) o The Employer has completed Superseding Provisions Addendum to show the provisions of the Plan which supersede provisions of this Adoption Agreement and/or the Basic Plan Document.
Superseding Provisions. Notwithstanding anything to the contrary contained in this Agreement:
(a) no Provider shall be required hereunder to take any action (including by providing any Services) that would constitute, or that the Provider reasonably believes would constitute, (i) a violation of Applicable Law, including any requirement of any Governmental Body, (ii) without prejudice to Section 2.01(c), a breach of such Provider’s contractual obligations, where such contract was entered into prior to the Commencement Date or (iii) any
(b) no Provider shall be required hereunder to fund the Services or otherwise provide financial support, benefits or other consideration on the Recipient’s behalf to third parties, and the obligation to perform any Service involving funds shall be subject to the Recipient having previously made such funds available to the Provider specifically for such purpose;
(c) any obligation to provide Services or otherwise undertake activities hereunder shall be limited to the Provider’s use of good faith and all reasonable endeavours (other than the obligations set out in Section 2.05(d)); and
(d) the Provider shall not be responsible for any failure to provide Services hereunder to the extent arising from (i) the Recipient’s operations or systems or otherwise by the acts or omissions of the Recipient or individuals acting on its behalf or (ii) subject to the other party’s obligation to assist the other party in relation to any third party provider under the TSAs as set out in Section 2.01(c), a third party’s failure to provide such Services or (iii) the failure of Recipient or its Affiliates to provide Services to Provider.
Superseding Provisions. In the event of a conflict between the term(s) of this Amendment and the original terms of the Lease, such term(s) of this Amendment shall control.
Superseding Provisions. Notwithstanding anything to the contrary contained in this Agreement:
(a) no Provider shall be required hereunder to take any action (including by providing any Services) that would constitute, or that the Provider reasonably believes would constitute, (i) a violation of applicable law, including any requirement of any Governmental Authority, (ii) a breach of such Provider’s contractual obligations or (iii) any other violation of a third party’s rights; provided that in each of the foregoing circumstances the Provider shall use reasonable efforts to work around the impediment and endeavor to provide Services in a manner that does not violate law, contractual obligations or third party rights; and
(b) the Provider shall not be responsible for any failure to provide Services hereunder to the extent arising from (i) the Recipient’s operations or systems or otherwise by the acts or omissions of the Recipient or individuals acting on its behalf, (ii) a third party’s failure to provide such Services, provided that the Provider has used commercially reasonable efforts to mitigate the effect of such failure, or (iii) the failure of Recipient or its Affiliates to provide Services to Provider.
Superseding Provisions. Notwithstanding anything to the contrary in this Agreement, the negotiation, execution and delivery of the Merger Agreement (including any and all agreements and instruments related thereto), and the consummation of the transactions contemplated thereby, are expressly permitted under this Agreement and the other Loan Documents and shall not be deemed to implicate, conflict with, violate or constitute a breach under any provisions of this Agreement or the other Loan Documents.”
(ii) The reference in Section 6.01(i) of the Agreement to “$18,000,000” is hereby deleted and replaced with “$16,000,000.”
