Foundation Rights. Notwithstanding any other provision of this Agreement to the contrary, the Parties acknowledge and agree that any and all Foundation Rights that have accrued or become effective prior to any expiration of this Agreement pursuant to clause (a) of Section 9.1 (Term) or the effective date of any termination of this Agreement prior to its expiration pursuant to clause (b) of Section 9.1 (Term) shall survive such expiration or termination of this Agreement and remain in full force and effect in accordance with the terms of the Grant Documents. Adimab further acknowledges and agrees that, to the extent that (i) the RSV Antibody Patents are assigned back to Adimab, (ii) the Evaluation Term Patents (if any) are assigned to Adimab, (iii) Evaluation Term Data and Sequence information for Arsanis Derived Antibodies created during the Evaluation Term are disclosed to Adimab, and/or (iv) any Blocking Arsanis Patents, Other Arsanis Patents or Arsanis Know-How are licensed to Adimab, the foregoing shall remain subject to the Foundation Rights to the same extent as they were immediately prior to such expiration or termination, and Adimab shall be bound by the Global Access Commitment with respect thereto.
Foundation Rights. Although this Agreement contains specific provisions about the relationship between CWA and the Foundation, the Foundation still retains the right to run its business and to make the decisions regarding the management, operation, and programming of the Foundation and its affiliated radio and television stations. While this is not an exhaustive list, the Foundation continues to have the right to, except as otherwise specifically limited by this Agreement: manage and control its business and to direct the work force; to determine the methods, processes and schedules of work; to hire, assign, transfer or lay off Employees; to discipline, suspend and discharge; to establish reasonable rules and regulations for the conduct of Employees and to provide for their enforcement; to introduce new equipment and technologies; to control and regulate the use of equipment and other property; to determine when work is required and the number of Employees to perform the work; to have bargaining unit work performed by supervisors, managers and other employees outside the bargaining unit; to increase or decrease operations in whole or in part; to relocate or discontinue its operations, in whole or in part; and to sell or otherwise dispose of its business, in whole or in part. This Agreement only applies to the Foundation’s businesses that existed as of March 15, 2011 and shall not apply to any newly acquired or newly created operation or business. Any claim that a newly acquired or newly created operation or business is covered by Article I of this Agreement shall not be subject to arbitration, but will be subject to determination pursuant to the National Labor Relations Act. Except as limited by the specific terms of this Agreement, the exercise by the Foundation of any Foundation Rights can’t be challenged through the dispute resolution process. If there is a question as to whether an action taken by the Foundation was covered by this provision, that question would be subject to the dispute resolution process. In addition, except as otherwise specifically limited by this Agreement, the Foundation can contract out any work to another employer (including a co-producer or independent producer) or independent contractor or acquire programs or segments, whether or not financed or commissioned, or other work from any source. When the Foundation introduces new equipment and technologies, it shall provide training to bargaining unit Employees who will be expected to utilize the new...
