Section 18 definition

Section 18. Add sub-section, Agreement to Negotiate Rights to the Resale Produce:" Under the following conditions the parties agree to enter into good faith negotiations for Paradyne to acquire the rights to manufacture, further develop, market, service and sell NetScout Resale Products. Discontinuance of the Resale Products defined in Exhibit A, provided no functionally equivalent substitute is made available at or below the specified price. NetScout becomes insolvent, or ceases to honor its commitment to deliver products under the terms of this Agreement. Material Breach of this Agreement by NetScout that is not cured within the time period as specified in Section 21, Term and Termination. Notwithstanding the foregoing, the obligations of NetScout under this Section are conditional upon Paradyne's ability to secure such manufacturing usage licenses or other proprietary rights of third parties, if any, as may be required to manufacture such Product. NetScout agrees to provide reasonable assistance to Paradyne to secure such rights."

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Section 18 means section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and references to subsections of section 18 shall mean to the relevant subsection of this section;

Section 18. 2: Amended Paper Sales Agreement. Section 18.2 of the Asset Purchase Agreement is hereby amended and restated in its entirety as follows:

Examples of Section 18 in a sentence

• Any such termination shall be without liability of any party to any other party except that the provisions of Section 9 (Payment of Expenses), Section 11 (Indemnification and Contribution), Section 12 (Representations and Agreements to Survive Delivery), Section 18 (Governing Law and Time; Waiver of Jury Trial) and Section 19 (Consent to Jurisdiction) hereof shall remain in full force and effect notwithstanding such termination.

• Notices under this Section 18 will be deemed given only when actually received.

• Any such termination shall be without liability of any party to any other party except that the provisions of Section 8, Section 10, Section 11, Section 17 and Section 18 hereof shall remain in full force and effect notwithstanding such termination.

• Each party acknowledges that any breach of the agreements in this Section 18 would result in immediate and irreparable harm to the other parties for which there would be no adequate remedy at law and agree that in the event of such a breach, the other parties will be entitled to equitable relief by way of temporary and permanent injunctions, as well as such other relief as any court of competent jurisdiction deems appropriate.

• Any such termination shall be without liability of any party to any other party except that the provisions of Section 8 (Payment of Expenses), Section 10 (Indemnification and Contribution), Section 11 (Representations and Agreements to Survive Delivery), Section 17 (Governing Law and Time; Waiver of Jury Trial) and Section 18 (Consent to Jurisdiction) hereof shall remain in full force and effect notwithstanding such termination.

More Definitions of Section 18

Section 18. CITY ETHICS CODE (SMC 4.16.

Section 18. Limitation of Liability," Section 19 "Compliance Program," and Section 20 "General," shall survive and continue beyond any expiration or termination of this Agreement.

Section 18. 11 - Special Education Records - Security Special Education records shall be secured in accordance with law.

Section 18. Compensation’ shall mean the total remuneration paid by an Employer to an Employee during each Plan Year and reported on IRS Form W-2, other than bonuses or taxable income due to stock option exercises, plus any amount contributed to the Plan which qualifies as “Deferral Contributions” as defined in Section 3.2 or any amount contributed by the Employee through salary reduction to another 401(k) plan maintained by the Employer, a cafeteria plan maintained by the Employer pursuant to section 125 of the Code or a transportation fringe benefit plan maintained pursuant to section 132(f) of the Code which is not includable in the gross income of the Participant. Notwithstanding the foregoing, for purposes of calculating Deferral Contributions under Section 3.2, Compensation shall include bonuses paid by the Employer to the Employee after December 31, 2003. For purposes of Article V, Compensation shall include bonuses and taxable income due to stock option exercises, and, at the election of the Company, exclude any amount contributed to the Plan which qualifies as “Deferral Contributions” as defined in Section 3.2 or any amount contributed by the Employee through salary reduction to another 401(k) plan maintained by the Employer, a cafeteria plan maintained by the Employer pursuant to section 125 of the Code, a qualified transportation fringe benefit plan maintained by the Employer pursuant to section 132(f) of the Code and/or remuneration paid to the Employee while he was not a Participant in the Plan. Notwithstanding anything herein to the contrary, effective January 1, 1998, any amounts deducted on a pre-tax basis for group health coverage because the Employee is unable to certify that he or she has other health coverage, so long as the Employer does not request or collect information regarding the Employee’s other health coverage as part of the enrollment process for the Employer’s health plan, shall be treated as an amount contributed by the Employer pursuant to a salary reduction

Section 18. Class B Common Stock" means the Class B Common Stock, par value $0.001 per share, of Tality.

Section 18 means any exemption from registration under the authority of Section 18 of the FIFRA, and any rules or regulations thereto.

Section 18. Samples ” shall mean Product packaged and labeled for distribution to health care professionals free of charge for promotional purposes and marked “Sample — Not for Resale” or words of similar import.”