The Company and the. Executive acknowledge and agree that the Original Employment Agreement is hereby terminated by mutual consent and neither the Company nor the Executive shall have any continuing obligation to the other pursuant to the terms of the Original Employment Agreement.
The Company and the. Fund acknowledge that the arrangement contemplated by this Agreement is not exclusive; the cash value of the Contracts may be invested in other investment companies, provided, however, that (i) such other investment company, or series thereof, has investment objectives or policies that are substantially different from the investment objectives and policies of the Fund underlying the Contracts specified; or (ii) the Company gives the Fund thirty days written notice of its intention to make such other investment company available as a funding vehicle for the Contracts; or (iii) such other investment company was available as a funding vehicle for the Contracts prior to the date of this Agreement and the Company so informs the Fund prior to the execution of this Agreement; or (iv) the Fund consents to the use of such other investment company, such consent not to be unreasonably withheld.
The Company and the. Existing Shareholders shall not assign any of their rights or obligations under this Agreement to any third party without the prior written consent of the Cayman Company.
The Company and the. Existing Shareholders hereby agree that the Cayman Company may, in its sole discretion, assign its rights and obligations under this Agreement by giving a prior written notice of the assignment to the Company and the Existing Shareholders.
The Company and the. Union accept the principles of seniority and agree that the seniority rosters established hereunder shall be the basis of the application of seniority rights as set forth herein.
The Company and the. Lenders further acknowledge that the Agent shall not be obligated to make any Advances to the extent that any of the other Lenders do not contribute their Ratable Portion of any Advance.
The Company and the. Option Holder must consult and agree within seven (7) Business Days of the Expiry Date which alternative course of action under clause 14.4(a) of this deed will be taken and, failing agreement between the parties in that timeframe, the parties will proceed with the alternative set out in clause 14.4(a)(i) of this deed.
The Company and the. Employee acknowledge and agree that this Agreement and each of the provisions hereof shall be treated as confidential and, except to the extent required by applicable law or regulations, or as deemed reasonably necessary by the Company to facilitate due diligence in connection with acquisitions or financings, neither the Employee nor the Company shall disclose the terms of the Agreement, or provide copies hereof, to any third party without the prior written consent of the other party.
The Company and the. Investment Manager acknowledge and agree that so long as DITCML maintains and adheres to reasonable disaster recovery procedures in light of its duties and obligations to be performed under this Agreement, DITCML shall not be responsible for the loss or damage to any documents or other property of the Company and/or the Investment Manager or any Shareholder or for any failure to fulfill its duties hereunder if such loss, damage or failure shall be caused by directly or indirectly due to a cause beyond its reasonable control, including, but not limited to war, terrorism, enemy action, the act of government or other competent authority, of any investment exchange or dealing house, riots, civil disturbance, rebellion, pestilence, sxxxx, xxxxxxx, accident, fire, strike, explosion, lock-out or the breakdown, failure or malfunction of any telecommunication or computer service or any occurrence or event beyond the reasonable control of DITCML.
The Company and the. Warrant Agent may from time to time supplement or amend this Agreement without the approval of any Warrant Holders, in order to cure any ambiguity or to correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions herein, or to make any other provisions in regard to matters or questions arising hereunder which the Company and the Warrant Agent may deem necessary or desirable and which shall not in any manner adversely affect the interests of the Warrant Holders.
