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IBM. IBMCLLC or any Significant Subsidiary shall (i) voluntarily commence any proceeding or file any petition seeking relief under Title 11 of the United States Code, as now constituted or hereafter amended, or any other Federal, state or foreign bankruptcy, insolvency, receivership or similar law, (ii) consent to the institution of, or fail to contest in a timely and appropriate manner, any proceeding or the filing of any petition described in paragraph (f) of this Section 8, (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for IBM, IBMCLLC or any Significant Subsidiary or for a substantial part of the property or assets of IBM, IBMCLLC or any Significant Subsidiary, (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding, (v) make a general assignment for the benefit of creditors, or (vi) take any action for the purpose of effecting any of the foregoing;
IBM. IBM Subsidiaries, and Distributors may, without incurring any royalty obligation, copy the Product and distribute it on a CD-ROM, or other media or distribution technology now known or hereafter invented in a manner where the customer, under a limited license, is allowed a limited preview, trial or demonstration use of the Product. IBM will have no royalty obligation to NETOBJECTS unless IBM, IBM Subsidiaries, or Distributors license the Product to such customer for full unrestricted, productive use.
IBM directly or indirectly, in a single transaction or series of related transactions, acquires either (i) Control of, or (ii) all or substantially all of the assets of another entity which is in the health insurance business and continues to be in the health insurance business subsequent to such transaction(s); or
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IBM in furnishing the Services, is acting as an independent contractor. IBM has the sole right and obligation to supervise, manage, contract, direct, procure, perform or cause to be performed, all work to be performed by IBM under the Agreement. IBM is not an agent of MSDW and has no authority to represent MSDW as to any matters, except as otherwise expressly authorized in the Agreement.