Burden. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of any successor of Employer and any such successor shall be deemed substituted for Employer under the terms of this Agreement. As used in this Agreement, the term successor" shall mean any person, firm, corporation or other business entity which at any time, whether by merger, purchase or otherwise acquires all or substantially all of the assets or business of Employer.
Burden. If a claim under this Agreement is not paid by the Company within 30 days of receipt of written notice, the right to indemnification as provided by this Agreement will be enforceable by the Indemnitee in any court of competent jurisdiction. The burden of proving by clear and convincing evidence that indemnification or advances are not appropriate will be on the Company. Neither the failure of the directors, stockholders, or independent legal counsel to have made a determination before the commencement of the action that indemnification or advances are proper in the circumstances because the Indemnitee has met the applicable standard of conduct, nor an actual determination by the directors, stockholders or independent legal counsel that the Indemnitee has not met the applicable standard of conduct, will be a defense to the action or create a presumption that the Indemnitee has not met the applicable standard of conduct.
Burden. If a claim under this Agreement is not paid, or caused to be paid, by the Company within 30 days of receipt of written notice, the right to indemnification as provided by this Agreement will be enforceable by the Indemnitee in any court of competent jurisdiction, and all reasonable costs and expenses incurred by the Indemnitee in connection with such enforcement will be paid promptly by the Company in advance of the final disposition by such court at the written request of the Indemnitee to the fullest extent permitted by applicable law; provided that Indemnitee will reimburse the Company for all such costs and expenses paid by the Company or any of its subsidiaries if and only to the extent that a court of competent jurisdiction finally decides (and all appeals have been exhausted or the time to file any such appeal has lapsed) that the Indemnitee is not entitled to be indemnified by the Company for such costs and expenses under the provisions of applicable law, the Company’s Bylaws, Certificate of Incorporation, this Agreement, or otherwise. The burden of proving by clear and convincing evidence that indemnification or advances are not appropriate will be on the Company. Neither the failure of the directors, stockholders, or independent legal counsel to have made a determination prior to the commencement of the action that indemnification or advances are proper in the circumstances because the Indemnitee has met the applicable standard of conduct, nor an actual determination by the directors, stockholders or independent legal counsel that the Indemnitee has not met the applicable standard of conduct, will be a defense to the action or create a presumption that the Indemnitee has not met the applicable standard of conduct.
Burden. I understand that I bear the full burden of proving to the Company that an Invention qualifies fully under Section 2870. I agree to disclose promptly to the Company full details of any and all Subject Ideas and Inventions.
Burden. Pending establishment of final contract indirect cost rates for each of the Contractor’s fiscal years, the Contractor will be reimbursed based on his submittal of provisional rates as set forth in the contract. The contract may provide for more than one type indirect cost rate, such as overhead rate, and general and administrative expense rate, in which case the direct cost bases (e.g., direct labor, total direct cost, etc.) shall be clearly shown on each invoice.
Burden. All risk of loss with respect to the Property or any portion thereof (including any improvements thereon) shall be borne by the County prior to the Closing on each Phase of the Project. At a Closing for any Phase of the Property, with respect to the portion of the Property conveyed at such Closing (whether by fee simple or ground lease), risk of loss shall pass to Developer.
Burden. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of any successor of Employer and any such successor shall be deemed substituted for Employer under the terms of this Agreement. As used in this Agreement, the term "4 successor" shall mean any person, firm, corporation or other business entity which at any time, whether by merger, purchase or otherwise acquires all or substantially all of the assets or business of Employer.
Burden. In any action brought by SEEC to contest VIASOFT's entitlement to the Escrow Contents, VIASOFT shall bear the burden of proving by a preponderance of the evidence that it is entitled to the Escrow Contents under the pre-requisites set forth in Section 15 (b) above of this Agreement. If VIASOFT meets its aforesaid burden of proof, SEEC may successfully avoid release of the Escrow Contents only upon proving, by a preponderance of the evidence that it has the ability and means of fulfilling its maintenance and support obligations under Exhibit B of this Agreement, and will do so.
Burden. Each applicant for appellate relief shall set forth in the application (letter of appeal) such facts as would lead a reasonably prudent person to believe that substantial evidence exists to believe that a mistake has been made or a wrong doing has occurred.
Burden. In the event of attachment, seizure or sequestration of Bound Shares to this Agreement in the context of legal or administrative shares filed by Third Parties, the holder of the encumbered Shares must notify the other Shareholder about the encumbrance and perform all necessary acts to relieve such Shares in the within 90 (ninety) days from the date of the summons of the constriction (“ Release Time ”).
