Xx General. The Parties shall be entitled to the benefits secured to them under this Settlement Agreement. The Parties have entered into this Settlement Agreement in consideration of the inherent mutual benefits, including, but not limited to:
3.1.1. avoiding the cost, uncertainty, and harm to relationships that would result from protracted litigation;
3.1.2. ensuring that the waters of the Taos Valley Stream System are managed for their present and future well-being; and
3.1.3. protecting the waters of the Taos Valley Stream System for cultural, irrigation, livestock, municipal, industrial, commercial, and domestic uses as well as enhancement of the natural environment.
Xx General. During the Term and until the one (1)-year anniversary following Executive’s termination of employment with the Company (the “Restriction Period”), Executive shall not directly or indirectly (i) invest or otherwise take advantage of any New Business Opportunity in the Area of Interest, (ii) engage in any other activity or take any other employment in either case relating to, or competing with, the Business in the Area of Interest, (iii) perform services in the Area of Interest for third parties that are competitive with the Business (“Competitive Services”), (iv) induce or solicit employees, salesmen, agents, consultants, distributors, representatives or advisors to terminate or reduce their relations with the Company and its Affiliates, (v) induce or solicit customers or suppliers of the Company and its Affiliates to terminate or reduce their business relations with the Company and its Affiliates, (vi) induce or solicit any investors in connection with any (A) New Business Opportunity in the Area of Interest or (B) business that engages or participates in the Business in the Area of Interest or that performs Competitive Services or (vii) own, operate, advise, manage, carry on, establish, acquire control of, invest in or have an interest (in the capacity of a shareholder, partner, principal, consultant, or any other relationship or capacity) in or otherwise be engaged or affiliated with, any business that engages or participates in the Business in the Area of Interest or that performs Competitive Services.
Xx General. IICO agrees to act as investment adviser to each Fund with respect to the investment of its assets and in general to supervise the investments of the Fund, subject at all times to the direction and control of the Board of Trustees of the Trust, all as more fully set forth herein.
Xx General. All disputes, controversies and claims arising between you and the Company concerning the subject matter of this Award Agreement or the Plan shall be settled by arbitration in accordance with the rules and procedures of the American Arbitration Association in effect at the time that the arbitration begins, to the extent not inconsistent with this Award Agreement or the Plan. The location of the arbitration shall be Greensboro, North Carolina or such other place as the parties to the dispute may mutually agree. In rendering any award or ruling, the arbitrator or arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of Delaware. The arbitration shall be conducted by an arbitrator selected in accordance with the aforesaid arbitration procedures. Any arbitration pursuant to this Section 12(a) shall be final and binding on the parties, and judgment upon any award rendered in such arbitration may be entered in any court, Federal or state, having jurisdiction. The parties to any dispute shall each pay their own costs and expenses (including arbitration fees and attorneys’ fees) incurred in connection with arbitration proceedings and the fees of the arbitrator shall be paid in equal amounts by the parties. Nothing in this Section 12(a) shall preclude you or the Company from seeking temporary injunctive relief from any Federal or state court located within the County of Guilford, North Carolina in connection with or as a supplement to an arbitration hereunder.
Xx General. Intel shall indemnify Mobileye, each Mobileye Affiliate, and their respective directors, officers and employees, and hold them harmless from and against any and all Taxes for which Intel or any Intel Affiliate is liable under this Agreement and any loss, cost, damage or expense, including reasonable attorneys’ fees and costs, that is attributable to, or results from, the failure of Intel, any Intel Affiliate or any director, officer or employee to make any payment required to be made under this Agreement. Mobileye shall indemnify Intel, each Intel Affiliate, and their respective directors, officers and employees, and hold them harmless from and against any and all Taxes for which Mobileye or any Mobileye Affiliate is liable under this Agreement and any loss, cost, damage or expense, including reasonable attorneys’ fees and costs, that is attributable to, or results from, the failure of Mobileye, any Mobileye Affiliate or any director, officer or employee to make any payment required to be made under this Agreement.
Xx General. The Shareholder shall cause the Work to be performed strictly in accordance with the Plans and shall not perform any work not called for by the Plans. In performing the Work, the Shareholder shall comply with (i) all applicable laws and legal requirements, (ii) the requirements of all insurance policies covering the Work, the Apartment or the Building, (iii) this Agreement, (iv) the Lease, (v) the House Rules, (vi) the requirements of the Corporation which may be promulgated and revised from time to time (the "Work Rules"), and (vii) any directions given by the Managing Agent, the Corporation's Designated Engineer or the superintendent of the Building. A copy of the Work Rules is annexed hereto as Exhibit "D."
Xx General. The Research Collaboration shall be governed by a Research Collaboration plan (the “Research Plan”), and the costs and expenses relating to Research Collaboration shall be governed by a Research Collaboration budget (the “Research Budget”), the initial forms of which are attached as Exhibit 5.2(a)(i) and Exhibit 5.2(a)(ii), respectively. The Research Plan will set forth (i) the scope of the Research Collaboration and the resources that will be dedicated to the activities for the Research Collaboration, including the responsibilities of each Party, (ii) specific objectives for each Calendar Year, which objectives will be updated or amended, as appropriate, by the JRT as research progresses, (iii) Prothena and Roche personnel assigned to the team from specified functional areas, and (iv) any activities to be performed by Third Party contractors.
Xx General. Member acknowledges and agrees that, pursuant to the terms of Provista Supplier Agreements, Provista may receive fees from Suppliers (“Administrative Fees”), which are based upon purchases made by Member. Except as noted below, each Provista Supplier Agreement provides for Administrative Fees that are fixed at three percent or less of the purchase price of the Covered Items.
Xx General. We will send a bill to you as soon as possible after the end of each billing cycle. We will send the bill:
(a) to you at the address nominated by you; or
(b) to a person authorised in writing by you to act on your behalf at the address specified by you.
(a) if you notify us there has been a change of use—from the date of notification; or
(b) if you have not notified us of the change of use—retrospectively from the date the change of use occurred.
Xx General. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, which notice shall contain a detailed statement of the alleged default or breach, proceed expeditiously, and, in any event, within ninety (90) days after receipt of such notice, to cure or remedy such default or breach; provided however, the Purchase Price, or portion thereof, shall be payable as and on the dates specified herein and time shall be of the essence for completing construction of all Improvements by the outside dates set forth herein. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within the applicable period, the aggrieved party may, subject to the limitations of this Article XII, institute such actions or proceedings as may be necessary or desirable pursuant to Article XVIII. This Section 12.1 shall not apply to a default or breach pursuant to Article IV or preclude the Agency from terminating this Agreement pursuant to Section 12.3 hereof.
