ARTICLE XIV Sample Clauses

ARTICLE XIV has been made applicable with respect to such Securities, the Guarantee of the Securities of such series by any Guarantor shall for any reason cease to be, or shall for any reason be asserted in writing by such Guarantor or the Company not to be, in full force and effect and enforceable in accordance with its terms, except to the extent contemplated or permitted by this Indenture or by the terms of the Securities of such series established pursuant to Section 301; or

ARTICLE XIV. MISCELLANEOUS

ARTICLE XIV. THE COMMITTEE

ARTICLE XIV. PREPAYMENT OF SECURITIES

ARTICLE XIV. Interpretation; Exhibits and Schedules The headings contained in this Agreement and in any Exhibit to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Schedule or Exhibit but not otherwise defined therein, shall have the meaning as defined in this Agreement. This Agreement is gender neutral. Any word in this Agreement that refers to a particular gender shall also refer to all other genders, including masculine, feminine and neuter. ARTICLE XV Counterparts This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each of the parties and delivered to the other parties. ARTICLE XVI Litigation Costs If any litigation with respect to the obligations of the parties under this Agreement results in a final nonappealable order of a court of competent jurisdiction that results in a final disposition of such litigation, the prevailing party, as determined by the court ordering such disposition, shall be entitled to reasonable attorneys' fees as shall be determined by such court. Contingent or other percentage compensation arrangements shall not be considered reasonable attorneys' fees. ARTICLE XVII Entire Agreement This Agreement contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings relating to such subject matter. The parties hereto shall not be liable or bound to any other party in any manner by any representations, warranties or covenants relating to such subject matter except as specifically set forth herein. ARTICLE XVIII Intentionally Omitted ARTICLE XIX Severability If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances. ARTICLE XX Consent t...

ARTICLE XIV. Miscellaneous -------------

ARTICLE XIV. Miscellaneous Provisions

ARTICLE XIV. COUNTERPARTS........................................................................................54 Article XV. CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL.........................................54 15.1 CHOICE OF LAW..................................................................................54 15.2 CONSENT TO JURISDICTION........................................................................54 15.3 WAIVER OF JURY TRIAL...........................................................................55

ARTICLE XIV. Collection of Receivables

ARTICLE XIV. PAYMENTS, NOTICES, AND OTHER COMMUNICATIONS A. All payments, notices, reports and/or other communications made in accordance with this Agreement, shall be sufficiently made or given on the date of the mailing if delivered by hand, by facsimile or sent by first class mail postage prepaid and addressed as follows: In the case of CMCC: Director, Intellectual Property Office Children's Hospital 300 Longwood Avenue Boston, MA 02115 In the case of Licensee: Bart Chernow, M.D. President GMP|Diagnostic|Prognostic Markers One East Broward Boulevard, Suite 1701 Fort Lauderdale, FL 33301 or such other address as either party shall notify the other in writing. 17 20 ARTICLE XV. GENERAL PROVISIONS A. All rights and remedies hereunder will be cumulative and not alternative. B. This Agreement may be amended only by written agreement signed by the parties. C. It is expressly agreed by the parties hereto that CMCC and Licensee are independent contractors and nothing in this Agreement is intended to create an employer relationship, joint venture, or partnership between the parties. No party has the authority to bind the other. D. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all proposals, negotiations and other communications between the parties, whether written or oral, with respect to the subject matter hereof. E. If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired thereby. F. CMCC agrees to promptly issue, from time to time, upon written request, estoppel certificates in favor of the Licensee, Sublicensees or potential Sublicensees setting forth the status of this Agreement and, if in default, the conditions required to cure the same.