From Xxxxx Sample Clauses

From Xxxxx. North on Hwy 7 approximately 5.6 miles to the access point. PALA RULES

From Xxxxx. West on Old Highway 10 approximately 6.2 miles to access point for the Yellowstone River.

From Xxxxx. Xxxxx represents and warrants that it is the owner of the Service and of each and every component thereof, or the recipient of a valid license thereto, and that it has and will maintain the full power and authority to grant the rights granted in this Agreement without the further consent of any third party. Xxxxx’x representations and warranties in the preceding sentence do not apply to use of the Service in combination with hardware or software not provided by Xxxxx. In the event of a breach of the warranty in this Section 8.1, Xxxxx, at its own expense, shall promptly take the following actions: (a) secure for Customer the right to continue using the Service; (b) replace or modify the Service to make it noninfringing; or (c) terminate the infringing features of the Service and refund to Customer any prepaid fees for such features, in proportion to the portion of the Term left after such termination. In conjunction with Customer’s right to terminate for breach where applicable, the preceding sentence states Xxxxx’x sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 8.1 and for potential or actual intellectual property infringement by the Service.

From Xxxxx. The total amount of Sixty Thousand and 00/100 U.S. Dollars ($60,000.00 USD), payable in twelve (12) payments of $5,000 each to be made on or before the fifth day of the month for twelve (12) consecutive months beginning on or before January 1, 2014, which will be made payable to the Xxxx Plaintiffs’ attorneys, “Xxxxx Xxxxx Subit & Xxxxxx LLP, in trust for the Xxxx Plaintiffs” (delivered to the attention of Xxxx Xxxxxxx Xxxxx and Xxxxxxxx X. Fix). These payments from Xxxxx are secured by the confession of judgment in the Related Agreement between Xxxxx and the Xxxx Plaintiffs, which shall be the Xxxx Plaintiffs’ only recourse in the event of any default in these payments. All of these payments will be characterized as damages and attorneys’ fees and costs to or on behalf of the Xxxx Plaintiffs. Xxxxx will report the full amount of these payments to the IRS on Forms 1099 for the tax year or years to which they apply, with at least one 1099 issued to Xxxxx Xxxxx Subit & Xxxxxx LLP, and at least one 1099 issued to each of the individual Xxxx Plaintiffs. If Irish or Xxxxx were to default on any of the further consideration payment obligations to the Xxxx Plaintiffs that are required by this Section 3, then the sole remedy under this Agreement by the Xxxx Plaintiffs, and each of them, in relation to such default shall be an action against the defaulting payor to enforce his obligations under this Section 3, and the Xxxx Plaintiffs’ releases herein as to all other Parties shall remain in full force and effect. This provision does not affect any remedy that the Xxxx Plaintiffs may have outside this Agreement, such as under the separate confession of judgment between Xxxxx and the Xxxx Plaintiffs.

From Xxxxx. North on Hwy 253 approximately 1 mile to access point for the Yellowstone River.