APPLICABILITY AND EFFECT Sample Clauses

APPLICABILITY AND EFFECT. The rights to indemnification and advancement of expenses provided in this Section shall be applicable to acts or omissions that occurred prior to the adoption of this Section, shall continue as to any Partner or officer during the period such Partner or officer serves in any one or more of the capacities covered by this Section, shall continue thereafter so long as the Partner or officer may be subject to any possible action, suit or proceeding by reason of the fact that the Partner or officer served in any one or more of the capacities covered by this Section, and shall inure to the benefit of the estate and personal representatives of each such Person. Any repeal or modification of this Section or of any provision hereof shall not affect any rights or obligations then existing. All rights to indemnification under this Section shall be deemed to be provided by a contract between the Partnership and each Partner or officer.
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APPLICABILITY AND EFFECT. 2.1 The purpose of this Addendum is to specify the duties and obligations of the Parties with respect to the Processing of Personal Data, such that each party’s performance of its duties under the Agreement complies with Applicable Data Protection Laws. 2.2 The subject matter, nature, purpose, and duration of this Processing, as well as the types of Personal Data collected and categories of Data Subjects involved, are described in Exhibit A to this Addendum. 2.3 Client retains control of the Personal Data and remains responsible for its compliance obligations under the Applicable Data Protection Laws, including providing any required notices and obtaining any required consents, and for the Processing instructions it gives to eArcu. Where Applicable Data Protection Law provides for the roles of “controller,” “processor,” and “sub-processor” of Personal Data, eArcu shall exclusively qualify as a Processor or sub-Processor. eArcu acknowledges that Client may be a Controller of Personal Data or may be a Processor of the Personal Data on behalf of another Controller. eArcu shall not assume any responsibility for determining the means or purposes for which Personal Data shall be Processed. 2.4 If eArcu Processes a California resident's Personal Data on behalf of Client, eArcu does so as a service provider under the CCPA or the CPRA when applicable. 2.5 Any authorisations, consents, instructions or permissions provided by Client, are provided for itself and on behalf of any Client Affiliate using the eArcu Application and Services under the Agreement. Any notices provided by eArcu to Client is deemed received by Client Affiliates permitted to use the eArcu Application and Services under the Agreement. Client is responsible for forwarding such notices to such Client Affiliates. This DPA does not constitute a third-party beneficiary agreement.
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APPLICABILITY AND EFFECT. A. The provisions of this Settlement Agreement and Order shall be binding upon CenturyLink, its successors and assigns, and those persons in active concert or participation with CenturyLink who receive actual notice of this Settlement Agreement and Order. B. This Settlement Agreement and Order constitutes a full and complete disposition of CenturyLink’s alleged violations of Paragraph IV(L)(2) of the Amended Final Judgment, as described in the Petition to Show Cause. C. Nothing in this Settlement Agreement and Order shall bar the United States from seeking, or the Court from imposing on CenturyLink, any other relief for any violation of the Amended Final Judgment other than the alleged violations set forth in the Petition to Show Cause or for any violation of this Settlement Agreement and Order.
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APPLICABILITY AND EFFECT. A. The provisions of this Settlement Agreement and Order shall be binding upon Exelon, its successors and assigns, and those persons in active concert or participation with Exelon who receive actual notice of this Settlement Agreement and Order. B. This Settlement Agreement and Order constitutes a full and complete disposition of Exelon’s violations of Section VIII of the Final Judgment and Section VI.A. of the Hold Separate Stipulation and Order (“Hold Separate Order”) and all matters referenced in the Petition to Show Cause. C. Nothing in this Settlement Agreement and Order shall bar the United States from seeking, or the Court from imposing on Exelon, any other relief available under any applicable provision of the Final Judgment, Hold Separate Order, or this Settlement Agreement and Order other than the violations set forth in the Petition to Show Cause.
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Related to APPLICABILITY AND EFFECT

  • Applicability and what to report You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000.00 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/answers/execomp.htm.)

  • Applicability of ISP and UCP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

  • Validity and Binding Effect of Agreements This Agreement and the Representative’s Warrant Agreement have been duly and validly authorized by the Company, and, when executed and delivered, will constitute, the valid and binding agreements of the Company, enforceable against the Company in accordance with their respective terms, except: (i) as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally; (ii) as enforceability of any indemnification or contribution provision may be limited under the federal and state securities laws; and (iii) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to the equitable defenses and to the discretion of the court before which any proceeding therefor may be brought.

  • Assignability and Binding Effect This Agreement shall inure to the benefit of and shall be binding upon the Company and its successors and permitted assigns and upon Executive and his heirs, executors, legal representatives, successors and permitted assigns. However, neither party may assign, transfer, pledge, encumber, hypothecate or otherwise dispose of this Agreement or any of its or his rights hereunder without prior written consent of the other party, and any such attempted assignment, transfer, pledge, encumbrance, hypothecation or other disposition without such consent shall be null and voice without effect.

  • Authorization; Validity and Effect of Agreement The Company has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and to consummate the Merger. The execution and delivery of this Agreement by the Company and the performance by the Company of its obligations hereunder and the consummation of the Merger have been duly authorized by its board of directors and shareholders and all other necessary company action on the part of the Company and no other company proceedings on the part of the Company are necessary to authorize this Agreement and the Merger. This Agreement has been duly and validly executed and delivered by the Company and, assuming that it has been duly authorized, executed and delivered by the other parties hereto, constitutes a legal, valid and binding obligation of the Company, enforceable against it in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors' rights generally, general equitable principles (whether considered in a proceeding in equity or at law) and an implied covenant of good faith and fair dealing.