Comm Sample Clauses

Comm. Platform 8.1.1 -------------------------------------------------------------------------------- JRE/JVM 1.1.7b and 1.1.8 -------------------------------------------------------------------------------- Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. ATTACHMENT 12.7 ESCROW AGREEMENT ---------------- Account Number ______________________ This Agreement is effective _________________, 2000 ("Effective Date") among Fort Know Escrow Service, Inc. ("Escrow Agent"), Corvis Corporation ("Depositor") and ▇▇▇▇▇▇▇▇ Communications, Inc. ("Preferred Beneficiary"), who collectively may be referred to in this Agreement as "the parties." A. Depositor and Preferred Beneficiary have entered into a Procurement Agreement dated ________________, 2000 regarding certain proprietary technology of Depositor (referred to in this Agreement as the "Procurement Agreement"). B. Depositor desires to avoid disclosure of its proprietary technology except under certain limited circumstances.

Comm. Platform 8.1.1 -------------------------------------------------------------------------------- JRE/JVM 1.1.7b and 1.1.8 -------------------------------------------------------------------------------- Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions.

Comm. The COMM will help clinicians identify whether a patient, currently on long-term opioid therapy, may be exhibiting aberrant behaviors associated with misuse of opioid medications. The questions pertain to a thirty-day period. Scoring is provided as part of the assessment. PEG 3: Measure average pain levels, pain-related disability and pain-related quality of life that can be used repeatedly to assess response to treatment. This provides a score for each question HRA: Health Risk Assessment (Scored Health Risk Assessment which generates reporting) GPCOG: General Practitioner Assessment of Cognition (Dementia)

Comm. ** Certain material herein omitted pursuant to a confidential treatment request that has been filed separately with the Commission.**

Comm. Carry on in service to the terminus or to a point as instructed by a Supervisor. If no relief is affected at either of these points he will bring the bus into the garage. For this the Operator will be paid in accordance with Section 'O' 3.04.2(i) of the current Collective Agreement.

Comm. IF Where Part No. Description IR Sts Used ------- ----------- -- --- ---- 501740W PANEL, TOP-COMMERCIAL-NONMETER IF 1 COML 501758 ASSY, JUMPER WIRE IF 1 COMM 502786 ASSY, CORD-POWER-EUROPEAN IF 1 COML 503901 PANEL, SUPPORT CONTROL (MECH) IF 1 COMM 60361 BRACKET, MOUNTING IF 1 COMM 685310 PANEL, FRONT CONTROL IF 1 COMM 38067 SHIELD, PUMP IF 1 HORIZON 34817L CAP, END RH IF 1 JUPITER 34817W CAP, END RH IF 1 JUPITER 34818L CAP, END LH IF 1 JUPITER 34818W CAP, END LH IF 1 JUPITER 504008L CAP, END RH IF 1 JUPITER 504008W CAP, END RH IF 1 JUPITER 504009L CAP, END LH IF 1 JUPITER 504009W CAP, END LH IF 1 JUPITER 504170 PANEL, SUPPORT CONTROL (MECH) IF 1 JUPITER 36049 FRONT, METERCASE-RAW IF 3 NO USAGE 37530 BULKHEAD, METERCASE IF 3 NO USAGE 34815 CAP, END ▇▇ ▇▇▇▇▇ IF 3 NO USAGE-NG 34816 CAP, END ▇▇ ▇▇▇▇▇ IF 3 NO USAGE-NG 500300 PANEL, SUPPORT CONTROL (MECH) IF 3 NO USAGE-NG

Comm subclause shall not break the continuity of serv employment.

Comm. Franchising (Journal of the Forum Committee on Franchising), Vol.1, Issue 3 (Summer 1981), p.3. 132 11 U.S.C. § 365 (e). 133 See §119 Insolvenzordnung (Insolvency Act), 5 October 1994 and see also BGH IX ZR 169/11 (unreported, 15 November, 2012). 134 Available on: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/information-management/software-escrow. Accessed May 30, 2020. 135 Available on: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/?gclid=EAIaIQobChMIzNjZh- 366QIVDg8YCh3y8g7sEAAYASAAEgIl9fD_BwE. Accesses May 30, 2020. Under U.S. Bankruptcy Act section 362, the: Filling of bankruptcy „operates as a stay, applicable to all entities, of (…) any action to obtain possession of property of the estate or of property from the estate.”136 The same holds true for Germany since: The commencement of insolvency proceedings results in the immediate imposition of an automatic stay of all actions and other legal proceedings concerning the assets of the estate which have been commenced by the debtor.137 If the parties to escrow agreement have failed to separate the licensor’s property interests in deposited materials, which results in their becoming a part of bankruptcy estates property, it should be obvious that automatic stay provisions invalidates licensees right to acquire source code and relevant materials, because automatic stay protects, firstly, the debtor „from creditor harassment”138, and, secondly, it „prevents a race of diligence by creditors, thus furthering the bankruptcy goal of equality of treatment.”139 In the U.S. bankruptcy legislation, even after the commencement of bankruptcy case and staying all the legal actions taken against the debtor, the licensee, theoretically, under section 362 (d)-(f) can argue for lifting such a stay if it can demonstrate the lack of adequate protection of an interest in property (deposited materials) or that the debtor (licensor) does not have an equity in such property and such property is not necessary to an effective reorganization140. However, most likely licensee would not succeed in its efforts to lift the automatic stay. Firstly, as the legislative history shows141, the Section 362 (d) (1) of U.S. Bankruptcy Code is intended to protect secured creditors, if they can prove to court that automatic stay deprives them of adequate protection of an interest in property. Assumption could be made that the licensee as unsecured creditor would fail in convincing court to lift the automatic stay due to lack of adequate protection. Secondly, the Section 362 (d) (...