Colorado Sample Clauses

Colorado. Paragraph 2

Colorado. Actions under this Agreement may be covered by the Colorado Consumer Protection Act or the Unfair Practices Act, and You may have a right of civil action under those laws. INSURANCE section of this Agreement is amended as follows: Obligations of the provider under this Agreement are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the Agreement Holder is entitled to make a claim directly against the insurance company.

Colorado. For employees who, at the time employment ends, primarily resided and worked for the Company or any Related Company in the State of Colorado, the language in paragraph 11 of Exhibit B is replaced with: This Exhibit B, and any disputes that may arise out of or relate to this Exhibit B, shall be governed in all respects by, and this Exhibit B shall be construed and interpreted in accordance with, the laws of Colorado, without regard to choice of law principles or any other doctrine or principle that would result in the application of any law other than the law of Colorado. You agree that any action concerning this Exhibit B shall be commenced and maintained exclusively in the state or federal courts in Colorado. Additionally, for employees who reside in the State of Colorado at the time they execute the Agreement, including Exhibit B, the Non-Disparagement Restriction in paragraph 6 does not apply. The following additional acknowledgements supplement Exhibit B: By executing this Agreement, you acknowledge and agree that the Company and any Related Company have not used force, threats, or other means of intimidation to prevent you from engaging in any lawful occupation at any place that you see fit.

Colorado. If Grantee resides in Colorado, then for so long as Grantee resides in Colorado, this Agreement shall be modified as follows: (i) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than sixty-percent of the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 3 shall not apply after Grantee’s employment with the Company or any Subsidiary ends. (ii) If Grantee does not earn an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers (or the earnings threshold in effect as adjusted annually after August 10, 2022, by the Colorado Division of Labor Standards and Statistics in the Department of Labor and Employment), then Section 5 shall not apply after ▇▇▇▇▇▇▇’s employment with the Company or any Subsidiary ends. (iii) The restrictions in Section 3 shall be modified to cover only those customers or suppliers with respect to which Grantee would have been provided trade secret information during the Look-back Period. Grantee stipulates that the obligations in Sections 3 and 5 are reasonable and necessary for the protection of trade secrets within the meaning of §8-2-113(2)(b) (the “Colorado Noncompete Act”). (iv) Grantee acknowledges that they received notice of the covenant not to compete and its terms before Grantee accepted an offer of employment, or, if a current employee at the time Grantee enters into this Agreement, at least 14 days before the earlier of the effective date of this Agreement or the effective date of any additional compensation or change in the terms or conditions of employment that provides consideration for the covenant not to compete, and under no circumstances will this Agreement go into effect until 14 days have passed since Grantee received it. (v) In addition to the other forms of Protected Conduct, nothing in this Agreement prohibits disclosure of information that arises from the worker’s general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct. Nothing in this Agreement or a Company policy limits or prevents a worker from disclosing information about workplace ...

Colorado. If I am hired to primarily perform services for the Company in Colorado, and as of or immediately after the Effective Date I am not employed by the Company as an executive, manager, or on the professional staff of an executive or manager, then Section 3(c)(iv) of the Agreement applies only to the extent necessary to protect the Company’s or the Company’s Affiliates’ trade secrets.

Colorado. The following Colorado provisions are not intended to, and do not, limit the express choice of New York law set forth in Section 9.3 of this Agreement or as set forth in the other Loan Documents, except that Colorado law shall govern any Mortgage encumbering a Property located in Colorado and the process for default and foreclosure thereof. (a) No agreements, conditions, provisions or stipulations contained in this Agreement or in any of the other Loan Documents, or any Event of Default, or any exercise by Lender of the right to accelerate the payment of the maturity of principal and interest, any fees, or other amount due hereunder, or to exercise any option whatsoever, contained in this Agreement or any of the other Loan Documents, or the arising of any contingency whatsoever, shall entitle Lender to collect, in any event, interest exceeding the maximum authorized by C.R.S. § 5-12-101 et seq., and in no event shall Borrower be obligated to pay interest exceeding such rate, including on any judgment amount, and all agreements, conditions or stipulations, if any, which may in any event or contingency whatsoever operate to bind, obligate or compel Borrower to pay a rate of interest exceeding the maximum allowed by law, shall be without binding force or effect, at law or in equity, to the extent only of the excess of interest over such maximum interest allowed by law. (b) Notwithstanding any provision of this Agreement or the Loan Documents to the contrary Borrower have not have any liability or other obligation under or with respect to the Sponsor Guaranty or the Equity Owner Guaranty, and such guaranties shall not be deemed to be secured by any Deed of Trust encumbering any Property in Colorado.

Colorado. The covenants in Section 14 shall be interpreted to apply to the full extent permitted by Colo. Rev.

Colorado. If the Employee primarily performs services for AbbVie in Colorado, and as of or immediately after the date of the Agreement the Employee is not employed by AbbVie as an executive, manager, or on the professional staff of an executive or manager, then Paragraphs 8 and 9 apply only to the extent necessary to protect Confidential Information. In addition, Paragraph 8 only applies if, under the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics, the Employee is a “highly compensated worker” in the year preceding the Employee’s termination of employment with AbbVie, and Paragraph 9 only applies if, under the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics, the Employee earned 60% or more of a “highly compensated worker” in the year preceding the Employee’s termination of employment with AbbVie. Also, Paragraph 16 is modified so that Colorado law will govern any dispute between the Employee and AbbVie that arises out of or relates to Addendum 1, and the Employee and AbbVie agree that the State Courts of Colorado, or the United States District Courts for Colorado (if the court has jurisdiction), shall have jurisdiction over the dispute. If, however, the Employee relocates to another state, then Paragraph 16, in its original form and as stated in Addendum 1, will govern any dispute that arises out of or relates to Addendum 1. District of Columbia. If the Employee primarily performs services for AbbVie in the District of Columbia, then Paragraph 8 will only apply if the Employee earns over $150,000 annually. Florida. If the Employee primarily performs services for AbbVie in Florida, then after the last day of the Employee’s employment with AbbVie the restriction in Paragraph 7 not exceed 5 years following the last day of the Employee’s employment with AbbVie if the Confidential Information is not a trade secret, but if the Confidential Information is a trade secret, the restriction will not expire until the Confidential Information loses its status as a trade secret.

Colorado. Section 2(b) of this Addendum does not apply unless the employee who, at the time the covenant not to compete is entered and at the time it is enforced, earns an annualized amount equal to $101,250 as of 2022 (which is adjusted on a yearly basis). Section 2(c) of this Addendum does not apply unless the employee who, at the time the covenant not to solicit is entered and at the time it is enforced, earns an annualized amount equal to $60,750 as of 2022 (which is adjusted on a yearly basis).