and Acceptance. Unless the context otherwise requires, the term "Lenders" includes the Swingline Lender.
and Acceptance of Award. You agree that, to the extent the terms in these Award Terms (including any terms relating to accelerated vesting and conditions thereto, but in no event including (i) the number of units, (ii) the vesting schedule or calendar of vesting dates of units (or shares upon settlement of units or a cash payment equal to accrued dividends thereon), or (iii) the metrics or calculations for determining performance achievement) conflict with the Award Terms in any previously awarded and agreed to performance award agreement that is still outstanding (i.e., unforfeited and the performance period not yet complete), the provisions in these Award Terms shall apply. You also acknowledge that you may be required to evidence your acknowledgement of this award and agreement to the terms hereof by accepting this award in the Company’s stock plan administrator’s system, which acceptance may be required within a certain number of days from the grant date hereof in accordance with instructions and/or announcements provided by the Company to you and failing to accept this award within the Company’s stock plan administrator’s system within such number of days may constitute grounds for forfeiture of this award in the Company’s sole and absolute discretion. Counterparts This Award Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
and Acceptance. The Parties shall enter into a Quality Agreement as soon as practical possible after the execution of this Agreement and the License Agreement. Licensor expressly agrees that:
and Acceptance of Award. You agree that, to the extent the terms in these Award Terms (including any terms relating to accelerated vesting and conditions thereto, but in no event including (i) the number of units, (ii) the vesting schedule or calendar of vesting dates of units (or shares upon settlement of units or a cash payment equal to accrued dividends thereon), or (iii) the metrics or calculations for determining performance achievement) conflict with the Award Terms in any previously awarded and agreed to performance award agreement that is still outstanding (i.e., unforfeited and the performance period not yet complete), the provisions in these Award Terms shall apply. You also acknowledge that you may be required to evidence your acknowledgement of this award and agreement to the terms hereof by accepting this award in the Company’s stock plan administrator’s system, which acceptance may be required within a certain number of days from the grant date hereof in accordance with instructions and/or announcements provided by the Company to you and failing to accept this award within the Company’s stock plan administrator’s system within such number of days may constitute grounds for forfeiture of this award in the Company’s sole and absolute discretion. Acknowledgement of Modification to Ranges on Metrics of 2020-2022 Award If you hold a performance award for the period January 1, 2020 to December 31, 2022 (a “2020-2022 Award”), you acknowledge that, by action of the Compensation Committee of the Company’s Board of Directors on March 1, 2022, the ranges expressed with respect to the metrics in such award (i.e., the performance level above and below target that will establish threshold and maximum performance) were modified, and that as modified such ranges are consistent with the ranges for the analogous metrics in this award, and you agree, for the purpose of eliminating any ambiguity, that such modified ranges apply to your 2020-2022 Award (i.e., you acknowledge, and will not challenge, the right of such committee to take such binding action). No modification in the method of calculating the Company’s performance with respect to a metric as set forth in the 2020-2022 Award was made. Counterparts This Award Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
and Acceptance. In connection with purchases and assignments pursuant to this Agreement, the respective parties may enter into an Assignment and Acceptance in substantially the form contemplated by Section 8.06 of the Securities Purchase Agreement, but the failure so to enter into any such Assignment and Acceptance shall in no way affect the validity of the assignment, purchase and/or assumption hereunder.
and Acceptance a. IMPLEMENTATION SCHEDULE. The Implementation Schedule attached hereto as Exhibit D sets forth the timing requirements for the various stages of the completion of Phase I and Phase II of the Project. In the event any milestone set forth in the Implementation Schedule is not met due to any delay caused by Tumbleweed, in addition to damages for the delay (if applicable), as provided for in Section 4(b) below, Tumbleweed shall [ * ]. --------------- [*]Confidential treatment has been requested with respect to certain information contained in this document. Confidential portions have been omitted from the public filing and have been filed separately with the Securities and Exchange Commission. UPS/Tumbleweed Confidential 12 December 18, 1997 Additionally, Tumbleweed shall use commercially reasonable efforts to ensure that such delay does not result in slippage of later milestones.
and Acceptance. This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. By By Consultant Xxxxxxx X. Xxxxxxxx Agency City of Camas DOT See attached Scope of Work
and Acceptance
