Evidentiary standard Sample Clauses

Evidentiary standard. For purposes of ascertaining breach and AFK’s remedies, and due to the unique nature of AFK’s School Assembly Business, Employee understands and agrees that proof of diversion of AFK’s School Assembly Business in violation of this Agreement, including Sections 6-9, shall be sufficient upon showing: (i) that unauthorized disclosure of AFK Confidential Information or disparagement was made by Employee or Employee’s new employer or business associate or reasonably originated therefrom; or (ii) that the Customer or person is serviced by Employee or Employee’s new employer or business associate, or serviced by any competitor for reasons which reasonably appear to AFK to be in whole or in part caused by Employee’s conduct in breach of this Agreement.

Evidentiary standard. At the hearing, the parties may offer such evidence as is relevant and material to the dispute and shall produce such additional evidence as the panel may deem necessary to the determination of the dispute. The failure or refusal to adduce additional evidence which is within the control of a party may be taken into account by the panel, in its sole discretion, in rendering its final decision. It is specifically agreed by the parties that they and the arbitrators may use and rely upon evidence that would typically be relied upon by a lawyer rendering an infringement opinion for a client.

Evidentiary standard. Priority may be proved by a preponderance of the evidence except a party must prove pri- ority by clear and convincing evidence if the date of its earliest constructive reduction to practice is after the issue date of an involved patent or the publi- cation date under 35 U.S.C. 122(b) of an involved application or patent.