Effect of. The Owner has no legal obligation to confer orally with the Contractor about the terms of the Contract or its performance and may insist that all transactions and all intercourse shall be in writing. Agreement of the Owner to confer with a Contractor shall not be construed as an offer of the Owner to reconsider or alter the Owner’s policies, practices, procedures, or prior position, and no such agreement shall constitute a waiver of any right or defense of the Owner. Such a conference is without prejudice to any rights or defense of the Owner. After the conference there will be nothing to confirm since the Owner does not engage itself to do or not to do a thing by agreeing to confer with the Contractor. It is expressly agreed that no conference between the Contractor and the Owner shall cure any failure of the Contractor to give any notice nor shall it cure any breach of any time limit or revive any right in the Contract.
Effect of. “Leverage” or “Gearing” Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are ‘leveraged’ or ‘geared’. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit: this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit.
Effect of our delaying enforcing the security or waiving rights. If we delay enforcing a right under the mortgage or any other agreement, or do not exercise the right, or do not exercise a right against anyone, we do not lose or impair the right or any other right. If we waive a breach of any obligation under the mortgage or any other agreement, we do not lose a right of ours in respect of any other breach of the obligation. If we waive a right, we do not lose or impair any other right of ours. We are not bound by an agreement that contains a waiver unless it is in writing and is signed by us.
Effect of. Split-ups" and Stock Dividends. In case at any time or from time to time the Company shall subdivide or combine as a whole, by reclassification, by the issuance of a stock dividend on the Common Stock payable in Common Stock, or otherwise, the number of shares of Common Stock then Outstanding into a greater or lesser number of shares of Common Stock, with or without par value, the Current Warrant Price shall be reduced or increased (as applicable) proportionately. The issuance of such a stock dividend shall be treated as a subdivision of the whole number of shares of Common Stock Outstanding immediately prior to such dividend into a number of shares equal to such whole number of shares so outstanding plus the number of shares issued as a stock dividend. Upon any such adjustment, the number of shares shall be rounded upward to the nearest whole share.
Effect of. FAILURE BY A PARTY TO CONSUMMATE TRANSACTION DUE TO BREACH. Provided that Purchaser, in the event Seller is the breaching party, or Seller, in the event the Purchaser is the breaching party, is not then in breach of any of its own obligations under this Agreement, upon (i) termination of this Agreement due to a breach as described in Section 4.2 (a) or (ii) the failure of a party to perform its obligations hereunder after all of the conditions precedent set forth in Section 3 are satisfied, the non-breaching party shall be entitled to reimbursement of all fees and expenses incurred by the non-breaching party and to pursue against the breaching party any and all rights and/or remedies, at law or in equity, to which such non-breaching party may be entitled.
Effect of. (a) It is understood that during an approved unpaid absence not exceeding thirty (30) continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty (30) continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of thirty (30) continuous calendar days, the benefits appropriately reduced on a pro rata basis and the employee's anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which the employee is participating for the period of the absence, except that the Hospital will continue to pay its share of the premiums for up to thirty (30) months while an employee is in receipt of or benefits. Such payment shall continue while an employee is on sick leave (including the Employment Insurance Period) to a maximum of thirty (30) months from the time the absence commenced. Notwithstanding this provision, service shall accrue for a period of fifteen (1 5) weeks if an employee's absence is due to a disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of thirty (30) months if an employee's absence is due to a disability resulting in benefits or benefits, or while an employee is on sick leave (including the Employment Insurance period. Effect of absence (part-time) Part-time employees shall accrue seniority for a period of thirty (30) months and service for a period of fifteen (15) weeks if absent due to a disability resulting in Safety and Insurance Benefits, on the basis of what the employee's normal regular hours of work would have been. It shall be the duty of the employee to notify the Hospital promptly of any change in address, name or telephone number.
Effect of. “Leverage” or “Gearing” The amount of margin is small relative to the value of the derivatives contract so the transactions are ‘leveraged’ or ‘geared’. Derivatives trading, which is conducted with a relatively small amount of margin, provides the possibility of great profit or loss in comparison with the principal investment amount. But transactions in derivatives carry a high degree of risk. You should therefore completely understand the following statements before actually trading in derivatives trading and also trade with caution while taking into account one’s circumstances, financial resources, etc. If the prices move against you, you may lose a part of or whole margin equivalent to the principal investment amount in a relatively short period of time. Moreover, the loss may exceed the original margin amount.
Effect of. February part-time employees shall accrue seniority for a period of eighteen (1 8) months and service for a period of fifteen (15) weeks if absent due to a resulting in benefits, on the basis the employee’s normal regular hours of work would have been. Seniority Lists Seniority Lists of bargaining unit employees shall be posted on the bulletin board within thirty (30)calendar days of the signing of the Agreement and amended annually Copies of the seniority List will be supplied to the Union. Upon of the seniority List, employees shall have thirty (30)calendar days in which to file complaints against their seniority standing and if no complaints are filed, it is deemed that the seniority list as posted is correct.
Effect of. In the event of [*], Schering shall have the right to terminate the Supply Agreement on not less than [*] months prior written notice to Licensee and provided that Schering has to enable the technology transfer of the manufacturing process to an alternate manufacturer of Finished Product designated by Licensee, to be more fully regulated in the Supply Agreement. In the event of such termination of the Supply Agreement, commencing as of the effective date of such termination through the expiration of the Royalty Term, Licensee shall pay Schering, at Licensee’s discretion, either (i) reimbursement of the reasonable costs incurred by Schering for the technology transfer plus a royalty equal to [*] of Net Sales or (ii) a royalty equal to [*]of Net Sales.
Effect of. Vacation pay computed on base periods prior to a general wage increase for a or portion thereof scheduled after such wage increase in such year shall be adjusted for such increase. Each employee will be paid additional payment of for each full week of regular vacation at the time he receives his regular vacation pay. This additional payment will not be made during the calendar year in which an employee receives Leave Allowance covered in Article Expanded Employment Program. If balance of a Leave Allowance is paid because of death, termination of employment, etc. later in the same calendar that regular vacation pay and a special payment had been made, the amount of the additional payment will be deducted from the balance of the Leave Allowance payable.