and10 Sample Clauses

and10. The Klamath Tribes hereby agrees that if the Klamath Tribes brings or joins litigation in court or an administrative adjudication process, and seeks relief affecting the interests of any other Party under the terms of this Agreement, the Klamath Tribes’ participation in the litigation or adjudicative proceeding is deemed a consent to that court’s or adjudicatory body’s jurisdiction over all defenses and counter-claims, related to this Agreement, in the action. Further, if the Klamath Tribes brings or joins litigation in court or an administrative adjudication process, and seeks relief affecting the interests of any other Party under the terms of this Agreement, it agrees it will not seek to bar such other Parties from asserting or seeking to enforce the provisions of this Agreement by way of defense or counter-claim in such a proceeding. Any counter-claims under the terms of this subsection are limited to a request for equitable remedies and shall not include a request for damages of any type or attorneys’ fees.

and10. 2 shall not extend to any matter which:

and10. 2(a), OSI shall destroy all copies and electronic versions of the AVEO Bioinformatics Tools and Bioinformatics Tools Updates including the Bioinformatics Tools Source Code, and (vii) AVEO shall continue to fulfill AVEO’s payment and/or royalty obligations as specified under Section 6.18; provided that, in the case of a termination of this Agreement by AVEO pursuant to Section 9.2, AVEO may reduce such payment and/or royalty obligations by the amount of monetary damage suffered by AVEO as a direct result of OSI’s breach of this Agreement, as determined (A) in a final decision of a court of competent jurisdiction, which decision is not appealable or has not been appealed within the time allowed for appeal, or (B) by the Parties in a settlement agreement.

and10. 19 and 10.20 and this Section 10.10 (and any provision of this Agreement to the extent an amendment, modification, waiver or termination of such provision would modify the substance of Sections 9.2, 10.17 and 10.19 and this Section 10.10) may not be amended, modified, waived or terminated in a manner that impacts or is adverse in any respect to any of the Financing Source Related Parties without the prior written consent of the Financing Sources.

and10. 4, when it is determined by mutual agreement of PHILIPS and INTERMAGNETICS that a magnet quench, or other magnet root cause, has resulted in a change in homogeneity to the extent that it affects clinical imaging as measured by end customer complaint. This warranty specifically excludes changes in homogeneity caused by changes in the environment

and10. 3, from and after the Closing Date, Buyer shall indemnify and hold harmless Shareholder and its Affiliates, and in each such case their respective directors, officers, employees and agents (collectively, the "Shareholder Indemnified Party") from and against, and in respect of, and shall reimburse any Shareholder Indemnified Party for, any and all Damages suffered or incurred by any Shareholder Indemnified Party resulting from, arising out of or in connection with:

and10. 2.5; or permit any existing Subsidiary to issue any additional Equity Interests except (a) director’s or other similar qualifying shares and (b) to a Borrower or a wholly owned Subsidiary of such Subsidiary.

and10. 3 in excess of employment standards minimums are conditional upon the Employee executing a full and final release in favour of the Company, in a form acceptable to the Company.

and10. 4 and only to the extent stated therein, in order to secure the prompt repayment of the Loan, the Company hereby irrevocably mortgages, assigns, transfers and conveys to the Lender, and grants a security interest to the Lender in real property rights and interests now owned, or hereafter acquired by the Company and the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the aforementioned real property.