The Party. (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails (or admits in writing its inability) generally to pay its debts as they become due; (iii) makes a general assignment, arrangement or composition with or for the benefit of its creditors; (iv) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its winding-up, reorganization or liquidation, which proceeding or petition is not dismissed, stayed or vacated within forty-five (45) Business Days thereafter; (v) commences a voluntary proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights; (vi) seeks or consents to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; (vii) has a secured party take possession of all or substantially all of its assets, or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets; (viii) causes or is subject to any event with respect to it which, under the applicable laws of any jurisdiction, has an analogous effect to any of the events specified in clauses (i) to (vii) inclusive; or (ix) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
The Party. (i) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, or has any such petition filed or commenced against it;
(ii) makes an assignment or any general arrangement for the benefit of creditors;
(iii) otherwise becomes bankrupt or insolvent (however evidenced);
(iv) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets; or
(v) as contemplated by applicable bankruptcy law, is generally unable to pay its debts as they fall due, unless such debts are the subject of a bonafide dispute.
The Party. Appointed Arbitrators and the Third Arbitrator shall consider the terms and conditions of this Agreement, including all relevant evidence and testimony, and shall render their decision within thirty (30) Days following conclusion of the hearing by means of a reasoned decision; provided, however, the Party-Appointed Arbitrators and the Third Arbitrator are expressly and specifically limited to selecting one (1) of the Proposed Resolutions for each issue in dispute provided by Seller and Georgia Power. The Party-Appointed Arbitrators and the Third Arbitrator shall have no authority to award consequential, special, indirect, treble, exemplary, incidental, or punitive damages of any type under any circumstances regardless of whether such damages may be available under appropriate state law, federal law, the Federal Arbitration Act, or any other applicable law. The PUBLIC DISCLOSURE EXECUTION VERSION 44 Parties hereby waive their right, if any, to recover consequential, special, indirect, treble, exemplary, incidental, and punitive damages with respect to this Agreement.
The Party. 6D Global Technologies, Inc. (the “Company” or “6D Global”) is a digital technology solutions provider, listed on the NASDAQ stock market under stock symbol SIXD. The Company was founded by Silicon Valley entrepreneurs with offices in California, Ohio and New York. The Company manages a portfolio of fast growing digital business solutions companies that deliver top performing people with skills and experience in the key digital technology areas that enterprise-class organizations demand during critical changes and growth.
The Party. Client or Dalmijn Consulting;
The Party. (a) fails to perform a material obligation under this Agreement (other than an obligation referred to at clause 20.2.2) at any time and such failure is not remedied within fifteen (15) Business Days of the Non-Defaulting Party giving the Defaulting Party notice of that failure; or
(b) persistently and/or repeatedly fails to perform any obligation under this Agreement which is not a material obligation, provided that (i) the non-defaulting Party has notified the defaulting Party of such breaches, (ii) the matter has been referred to an Initial Meeting in accordance with clause 35.2 and 35.4, (iii) if the matter was not resolved at the Initial Meeting, it has been referred to a Manager Meeting in accordance with clause 35.3. and 35.4, and (iv) the matter has not been resolved at the Manager Meeting;
The Party. (a) is dissolved (other than pursuant to a consolidation, amalgamation or merger);
(b) becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due;
(c) makes a general assignment, arrangement or composition with or for the benefit of its creditors;
The Party using the Trial Equipments during the Trial bears the risk of the loss or damage of the Trial Equipments to the supplier (vendor). If any Trial Equipments must be replaced during the Trial as the result of loss or damage by the Party or is not returned after the Trial, the Sponsor reserves the right to deduct the cost of such equipment from the Payment.
The Party whose Switch Connection conveys the relevant Calls to the other's System shall assign Traffic Streams (identified by destination) to a particular Traffic Route. BT and the Operator shall, subject to paragraph 5.4 below, advise each other which Traffic Streams are assigned to which Traffic Route. Unless otherwise agreed, each Party shall use its reasonable endeavours to ensure that traffic is directed in accordance with the advice given to the other. Traffic so routed is primary traffic as described in paragraph 5.4.
