Subject to compliance with the provisions of Section 6, and except in respect of those provisions of this TS Agreement which provide for their own remedies that would be incompatible with arbitration, or if either Party institutes an urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with this TS Agreement will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (the “Foundation”) by an arbitrator appointed by the Foundation.
Subject to compliance with the provisions of this Agreement, the Consultant may, at any time or times during the Term, carry on the business of providing services to the general public either alone or in association or partnership with another or others, so long as such provision of services does not: create a conflict of interest with the interests of the Company; hinder the Consultant from providing the Services to the Company; or prevent the Consultant from providing the Services in a timely and competent manner.
Subject to compliance with the staffing requirements as determined by the Department Head, selection of vacation period(s) within any Department or section will be on the basis of an employee’s seniority, provided that vacation requests are submitted to the Employer by February 15. Any time a conflict occurs, the employees concerned must be notified and alternate dates arranged by March 15. The resolution of such conflicts will be on the basis of seniority, subject to Articles 19.08 and 19.09. Subject to outstanding adjustments being resolved, vacation requests submitted after February 15 will be allotted on a “first-come first-served” basis.
Subject to compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), the Committee (in its sole discretion) may permit or require you to (a) have cash that otherwise would be paid to you as a result of the settlement of Stock Units credited to a deferred compensation MERU NETWORKS, INC. INDUCEMENT PERFORMANCE-BASED RESTRICTED STOCK UNIT PLAN AND AGREEMENT account established for you by the Committee as an entry on the Company’s books, or (b) have Shares that otherwise would be delivered to you as a result of the settlement of Stock Units converted into amounts credited to a deferred compensation account established for you by the Committee as an entry on the Company’s books. Such amounts shall be determined by reference to the Fair Market Value of such Shares as of the date when they otherwise would have been delivered to you. A deferred compensation account established hereunder may be credited with interest or other forms of investment return, as determined by the Committee. If an account is established for you, you shall have no rights other than those of a general creditor of the Company. Such an account shall represent an unfunded and unsecured obligation of the Company.
Subject to compliance with Section 4.2.1, prepayments may be made without premium or penalty.
Subject to compliance with the provisions of clause 6, the creation of any mortgage, charge, encumbrance or other security interest of whatsoever nature in respect of all or any material part of the undertaking, property or assets of the Investment Vehicle involving an amount in excess of Pound Sterling 5,000,000 or its equivalent or such other sum as may be agreed between the Shareholders from time to time; winding-up
Subject to compliance. Your rights to use the Devices and Services are and shall at all times remain subject to your compliance with all of the terms and conditions of the Agreement, and shall terminate without notice by Visybl to you in the event of a breach by you of any of your obligations under this Agreement. You agree that Visybl may disable or deactivate Services or Devices or refuse to renew Services, rendering some or all aspects of the Devices or Services unusable by you, at any time to enforce its rights under the Agreement.
