AUTHORITY AND JURISDICTION Clause Samples

AUTHORITY AND JURISDICTION. (a) The Patent Committee's decision-making authority shall be limited to matters related to Patents. Notwithstanding anything in this Article 7, The Patent Committee shall have no review or authority over Collaboration Patents solely owned by Genelabs to the extent they claim Reversion Compounds, and such patents shall not be subject to this Article 7. (b) The Patent Committee shall confer regarding the status of Collaboration Patents, review data and information, consider and advise on any technical issues that arise, set patent filing priorities, and review and advise on any budgetary and economic matters relating to the Collaboration Patents affecting the Research Program which is referred to the Patent Committee. The Patent Committee shall establish the strategy for prosecuting Collaboration Patents, which strategy shall be followed by the Responsible Party and its counsel. (c) In no event shall the Patent Committee have the right: (i) to determine any matter not involving Collaboration Patents covering Collaboration Compounds; (ii) to modify or amend the terms and conditions of this Agreement; (iii) to make any decisions or determinations with respect to the Research Plan or the Research Program except to make recommendations due to issues involving Collaboration Patents; (iv) to determine which personnel of a Party perform activities relating to matters affecting Collaboration Patents, or act as such Party's representatives on the Patent Committee; (v) to review, direct or control the commercialization or marketing of any Product; (vi) to determine any such issue in a manner that would conflict with the express terms and conditions of this Agreement.

AUTHORITY AND JURISDICTION. (i) The IPC's decision-making authority shall be limited to matters related to Licensed Patents, Blocking Patents, Orange Book listings and patent term extensions. The IPC will discuss (but not decide) the status of AstraZeneca Patents, AGIX Know-How and AstraZeneca Know-How, and will discuss and review data and information, consider and advise on any technical issues that arise, and discuss patent application filing priorities. (ii) In no event shall the IPC have the right: (A) to modify or amend the terms and conditions of this Agreement; (B) to review, direct or control, or make any decisions or determinations with respect to, the Development or Commercialization or Manufacturing of the Compound or Product (except with respect to Patent or other intellectual property issues relating thereto); (C) to determine which personnel of a Party perform activities relating to matters affecting AGIX IP, or act as such Party's representatives on the IPC; (D) to make any decision with respect to a Party's Prosecution activities, except as provided for in Section 9.3; and (E) to determine any such issue in a manner that would conflict with the express terms and conditions of this Agreement.

AUTHORITY AND JURISDICTION. In case discrepancies should arise between the ATM and the supplier due to the implementation of this agreement, once the administrative procedure has been exhausted, the contentious-administrative jurisdiction of the city of Barcelona will be pursued.

AUTHORITY AND JURISDICTION. .01 Section 7121 of the Code empowers the Secretary of the Treasury or his delegate to enter into closing agreements. Treasury Department Order No. 150-32, dated November 18, 1953, transferred all of the Secretary's closing agreement functions to the Commissioner of Internal Revenue. Treasury Department Order No. 150-36, dated August 17, 1954 [C.B. 1954-2, 733], continued that delegation under the 1954 Code. Section 4 of Public Law 86-368 [C.B. 1959-2, 705] (September 22, 1959) continued the effectiveness of the foregoing delegations. Pursuant to the aforementioned authority, the Commissioner has redelegated authority to enter into and approve closing agreements. The redelegation is presently embodied in Delegation Order No. 97 (Rev. 4), effective March 13, 1967, C.B. 1967-1, 528. The redelegation does not, however, delegate the Commissioner's authority to set aside closing agreements. .02 Paragraph 1 of Delegation Order No. 97 (Rev. 4) confers upon the Assistant Commissioner (Compliance) with regard to alcohol, tobacco, and certain firearms taxes the authority to enter into closing agreements with respect to prospective transactions and completed transactions affecting returns to be filed for such taxes. After conveying similar authority to the Assistant Commissioner (Technical) with respect to all other categories of taxes, the Order, in paragraph 3, confers upon the Assistant Commissioner (Compliance) the authority to enter into closing agreements relating to tax liability for periods ended prior to the date of the agreement and agreements covering specific items related to such periods and affecting other taxable periods. Agreements under paragraph 3 of the Order may relate to any class of tax administered under the authority of the Commissioner of Internal Revenue. As previously noted, authority similar to part of that contained in said paragraph 3 has also been delegated by the Order (Rev.

AUTHORITY AND JURISDICTION. To the fullest extent permitted by the Constitution and the statutes of this State, officers assigned under the agreement shall be vested with authority, jurisdiction, rights, immunities, and privileges outside his resident jurisdiction for the purpose of investigation, arrest, or any other activity related to the criminal activity for which the agreement is drawn. This agreement is in no way intended to affect any other multi-jurisdictional agreement(s) which may exist between the agencies. However, local ordinances adopted by a participating party shall not be deemed extended into areas of operation that are located outside the geopolitical territorial limits of that party. COSTS Each party shall bear its own costs incurred in the performance of its obligations hereunder except as otherwise provided herein. NO INDEMNIFICATION OR THIRD PARTY RIGHTS The parties shall be solely responsible for the acts and omissions of their respective employees, officers, and officials. No right of indemnification is created by this agreement and the parties expressly disclaim such. The provisions of this agreement shall not be deemed to give rise to or vest any rights or obligations in favor of any rights or obligations in favor of any party or entity not a party to this agreement. INSURANCE Each party shall maintain such insurance coverage for general liability, workers’ compensation, and other such coverage as may be required by law or deemed advisable by individual parties. OFFICERS ASSIGNED Each party agrees to designate and transmit in writing to the other parties the names of those individuals assigned to perform duties under this agreement. Upon receipt, such is to be made a part of and is incorporated by reference into this agreement. COMPENSATION, BOND, AND RELATED MATTERS This agreement shall in no manner affect or reduce the compensation, pension or retirement rights of any officers acting under its authority and such officers shall continue to be paid by the county or municipality where they are permanently employed. The bond, if any, for any officers operating under this agreement in the same manner and to the same extent provided by the bonds of regularly employed officers of that county or municipality.

AUTHORITY AND JURISDICTION. Any privilege, right or pre-eminence of authority not herein defined or clearly expressed shall be construed in accordance with the laws of the state of North Dakota and any action herein must be brought in the District Court for Cass County, North Dakota. All matters not authorized expressly by the terms of this agreement shall be reserved to the discretion of the LESSOR.

AUTHORITY AND JURISDICTION