THIS SECTION INTENTIONALLY LEFT BLANK. The Executive agrees and acknowledges that the restrictions contained in this Section 18 are reasonable in scope and duration and are necessary to protect the Company after the Commencement Date. If any provision of this Section 18 as applied to any party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced. The parties agree and acknowledge that the breach of this Section will cause irreparable damage to the Company and upon breach of any provision of this Section, the Company shall be entitled to injunctive relief, specific performance or other equitable relief; provided, however, that this shall in no way limit any other remedies which the Company may have (including, without limitation, the right to seek monetary damages).
THIS SECTION INTENTIONALLY LEFT BLANK. Among other things, the Contract provides that EDISON will pay SELLER for energy delivered by SELLER to EDISON in accordance with the short run avoided cost ("SRAC") methodology established from time to time by the California Public Utilities Commission ("Commission") for energy payments by EDISON to qualifying facilities ("QFs").
THIS SECTION INTENTIONALLY LEFT BLANK. Overtime may be paid or taken in compensatory time at the overtime rate, at the election of the employee, within a reasonable time after the date when the overtime was incurred. Overtime shall be paid with the approval of the Division Head; compensatory time shall be taken with the approval of either the Department Head or the Division Head. The maximum amount of compensatory time accrued shall be seventy (70) hours, and employees shall be paid for any additional time.
THIS SECTION INTENTIONALLY LEFT BLANK. Class Action Releases Claimants shall obtain assurances from the classes in the class actions listed on the attached Exhibit N that such classes are in privity with Claimants and shall not re-litigate any claims on behalf of themselves or their respective plans, trusts or investment vehicles against any of Released Parties for any claims arising out of any matter asserted or which could have been asserted in Claimants’ Actions. Claimants acknowledge that notices in the form of Exhibit N-1 have been given to the classes, and the form of the order approving the settlement of such class actions shall include language substantially in the form of Exhibit N-2.
THIS SECTION INTENTIONALLY LEFT BLANK. SmartGate shall, following the Closing, exercise reasonable efforts to commercialize products utilizing the RadioMetrix Technology.
THIS SECTION INTENTIONALLY LEFT BLANK. The Library will honor the unused sick leave balance of employees who transfer directly and without interruption of service from other City of Boston Departments. However, sick leave time accumulated elsewhere will not be counted toward the benefits of paragraphs A and B of Section 6 of this Article.
THIS SECTION INTENTIONALLY LEFT BLANK. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall expire on date May 31, 2003 (the “Term”). Absent the receipt by one Party of written notice from the other Party within 180 calendar days prior to the expiration of the Term to the effect that such Party does not intend to extend the Term, this Agreement shall remain in full force and effect on and after the expiration of the Term until terminated by either Party pursuant to Section 5.3 or 5.4.
THIS SECTION INTENTIONALLY LEFT BLANK. Remittance in full of all bills rendered by either Party is due within thirty
THIS SECTION INTENTIONALLY LEFT BLANK. Notwithstanding anything to the contrary in this Agreement, the Billing Party’s exercise of any of the above options:
THIS SECTION INTENTIONALLY LEFT BLANK. Seller shall obtain at his own risk and expense any export license or other official authorization and carry out all customs formalities necessary for the export of the Equipment.
