BY CISCO Sample Clauses

BY CISCO. Subsequent to (***) of this agreement, Cisco shall have the right to terminate this agreement (***) to Rhythms. Any termination cost shall be in accordance with this article 9.2. If Rhythms shall fail to meet the ESS Monthly Activation Rate for any full calendar month, Cisco shall be entitled to issue a written notice (the "Default Notice") to Rhythms reporting such non-performance that occurred during the calendar month immediately prior to the issuance of the Default Notice. Upon receipt of the Default Notice, if Rhythms shall thereafter fail to satisfy the ESS Monthly Activation Rate in the next subsequent full calendar month, Cisco shall have the right to terminate this Agreement upon thirty (30) days notice to Rhythms. In the event that an installed ESS teleworker terminates from ESS in the first twelve months of receiving service, Rhythms will be reimbursed (***) for that teleworker. Not withstanding the foregoing; (a) Rhythms shall be not deemed to have failed to meet the activation rate for any month if such failure was as a result of Cisco's lack of demand for ESS activation's during such month, (b) Rhythms shall be not deemed to have failed to meet the activation rate for any month if such failure was as a result of Cisco's providing teleworkers outside the deployment schedule, timeline for Central Office deployment and project plan.
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BY CISCO. Cisco represents, warrants and covenants that: ---------

Related to BY CISCO

  • By Client Client agrees to indemnify, defend and hold Agency, its officers, directors, employees, agents, attorneys, subsidiaries, affiliated companies, parent companies, representatives, and successors and assigns, harmless from and against all Losses to the extent such Losses arise out of or are primarily related to (i) the negligent or wrongful acts, errors, or omissions of Client or its employees, agents affiliates, assigns or any creditor or prior account holder, or the employees or agents of any of them, in connection with this Agreement, including but not limited to errors or omissions in connection with information furnished by Client to Agency concerning a Referred Account, or (ii) any collection effort by Client or any other collection agency as to a Referred Account.

  • By Company The Company may terminate the Executive’s employment under this Agreement by giving Notice of Termination to the Executive:

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  • By Both Parties Each Party hereby represents, warrants and covenants to the other Party as of the Effective Date as follows:

  • By Buyer At Closing, Buyer shall deliver to Seller the following:

  • By Either Party Either party may terminate this Agreement for convenience at any time effective after the first (1st) anniversary of the Installation Date by providing ninety (90) days' prior written notice to the other party at any time thereafter.

  • By Licensee Licensee shall defend, indemnify, and hold harmless Licensor, the REGENXBIO Licensors, and their respective shareholders, members, officers, trustees, faculty, students, contractors, agents, and employees (individually, a “Licensor Indemnified Party” and, collectively, the “Licensor Indemnified Parties”) from and against any and all Third Party liability, loss, damage, action, claim, fee, cost, or expense (including attorneys’ fees) (individually, a “Third Party Liability” and, collectively, the “Third Party Liabilities”) suffered or incurred by the Licensor Indemnified Parties from claims of such Third Parties that result from or arise out of: [*]; provided, however, that Licensee shall not be liable for claims to the extent based on any breach by Licensor of the representations, warranties, or obligations of this Agreement or the gross negligence or intentional misconduct of any of the Licensor Indemnified Parties. Without limiting the foregoing, Licensee must defend, indemnify, and hold harmless the Licensor Indemnified Parties from and against any Third Party Liabilities resulting from:

  • By Licensor Licensor represents and warrants that:

  • Order Processing Any order by you for the purchase of shares of the respective Funds through us shall be accepted at the time when it is received by us (or any clearing house agency that we may designate from time to time), and at the offering and sale price next determined, unless rejected by us or the respective Funds. In addition to the right to reject any order, the Funds have reserved the right to withhold shares from sale temporarily or permanently. We will not accept any order from you that is placed on a conditional basis or subject to any delay or contingency prior to execution. The procedures relating to the handling of orders shall be subject to instructions that we shall forward from time to time to all members of the Selling Group. The shares purchased will be issued by the respective Funds only against receipt of the purchase price, in collected New York or Los Angeles Clearing House funds subject to deduction of all concessions on such sale (reallowance of any concessions to which you are entitled on purchases at net asset value will be paid through our direct purchase concession system). If payment for the shares purchased is not received within three days after the date of confirmation the sale may be cancelled forthwith, by us or by the respective Funds, without any responsibility or liability on our part or on the part of the Funds, and we and/or the respective Funds may hold you responsible for any loss, expense, liability or damage, including loss of profit suffered by us and/or the respective Funds, resulting from your delay or failure to make payment as aforesaid.

  • By Seller At Closing, Seller shall deliver to Buyer the following:

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