Excluded Events. Scheduled Approved Maintenance Outages and certain Forced Outages will be excluded pursuant to Appendix C of this Agreement from the calculation of the availability measure.
Excluded Events. Notwithstanding anything herein to the contrary, Tenant shall have no obligation to indemnify, defend or hold harmless any person or entity with respect to the Excluded Events. “Excluded Events” shall include: (i) Landlord’s breach of its duty of maintenance as contained in Sections 9.2 (b) through (e) above; (ii) the acts or omissions of Prime Landlord, Landlord or their respective agents, employees, contractors, representatives, permittees, licensees, officers, directors or other lessees while on or about the Premises or surrounding areas, whether during an inspection, while performing repairs, or otherwise; (iii) for matters covered by workers compensation insurance; and (iv) matters described on Exhibit “D” attached hereto.
Excluded Events. Notwithstanding any other provision in this Section 3(c) which is inconsistent with or contrary to the terms of this Paragraph 13, the Exercise Price shall not be adjusted by virtue of (a) the issuance of capital stock to employees, consultants, officers or directors of the Company pursuant to stock purchase or stock option plans or agreements approved by the Board (and not exceeding 20% of the Company's Common Stock Outstanding), (b) the issuance of securities in connection with acquisition transactions, (c) the issuance of securities to financial institutions, suppliers or lessors in connection with commercial credit arrangements, equipment financings or similar transactions, (d) exercise of this Warrant, or (e) the repurchase of Common Stock shares from the Company's employees, consultants, advisors, service providers, officers or Directors at such person's cost (or at such other price as may be agreed to by the Company's Board of Directors).
Excluded Events. Notwithstanding anything in this Section 6 to the contrary, the Exercise Price shall not be adjusted by virtue of (i) the Warrants or the existence or exercise of any Options of the Company outstanding on the date hereof and disclosed in the Prospectus or (ii) the issuance or sale of, or the grant of Options to purchase, Common Stock to employees, directors, or officers of the Company or its subsidiaries, or to other persons who do not beneficially own more than one percent of the Common Stock (assuming for this purpose that all Options then held by the person, including new options then being granted, but no other Option or Convertible Securities, have then been exercised in full) and are not the children of such a one percent or greater shareholder or the spouses of such children, pursuant to stock option plans currently existing or hereafter approved by the Board of Directors of the Company, provided that the exercise price is no less than the lower of fair market value at the time of grant (as determined in accordance with the applicable stock option plan) or the Current Market Price at the time of grant (all as determined in accordance with this Section 6(c)).
Excluded Events. The following types of events/Outages shall be excluded from the calculation of the Availability Measures and the Availability Measure Targets: • Scheduled Outages which are scheduled, reviewed and approved by the ISO in accordance with the Transmission Control Agreement, and • Forced Outages(IMS) which: 1) were caused by events outside the PTO’s system including those Outages which originate in other TO systems, other electric utility systems, or customer equipment, and 2) those Forced Outages(IMS) which can be demonstrated to have been caused by earthquakes.
Excluded Events. Notwithstanding anything in this Section 5 to the contrary, the Conversion Price of the Series A Preferred Stock shall not be adjusted by virtue of the issuance by the Company of any Securities Not Counted for Adjustments (as defined above).
Excluded Events. Lessee shall not be required to make any payment in respect of an Inclusion Event to the extent such Inclusion Event results from one or more of the following events:
Excluded Events any of the following: (a) a Fault or Incident in, or problem associated with, software, hardware, connectivity, networks or other telecommunications systems not operated or provided by Us; (b) your fault, negligence, act or omission, or that of any third-party not within Our direct contractual control;
Excluded Events. For the avoidance of doubt, in the event that ViaCell fails to exercise Commercially Reasonable Efforts in relation to its obligations to manufacture Collaboration Products, then such failure to exercise Commercially Reasonable Efforts shall be deemed to not constitute a Performance Default. [**] Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed with the Commission.
Excluded Events. (a) Section 6(1)(e) is hereby amended by adding after the phrase "Effective Date;" the following: "provided, further, that with regard to Losses described in Section 3.1(c) and (d) hereof only, for purposes of this Section 6(1)(e) change in tax law shall mean only changes in the Code enacted after the Refunding Date (as defined in the Refunding Agreement);".
