IN THE EVENT. THAT THE ABOVE ARBITRATION PROVISION IS OR BECOMES INAPPLICABLE FOR ANY REASON, NAVIGANT AND MEMBER EACH AGREE THAT NEITHER NAVIGANT NOR MEMBER SHALL (I) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR ANY ACCOUNT OR THE DEALINGS OF OR THE RELATIONSHIP BETWEEN NAVIGANT AND MEMBER, OR (II) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANOTHER IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER NAVIGANT NOR MEMBER HAS AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. NAVIGANT AND MEMBER EACH ACKNOWLEDGE THAT THIS WAIVER HAS BEEN KNOWINGLY AND VOLUNTARILY MADE.
IN THE EVENT. YOU RENTED A TEMPERATURE CONTROLLED UNIT: Owner provides heating and/or air conditioning to the building containing the Rented Space. It is agreed that Owner shall use all reasonable efforts to maintain a temperature in the building containing the Rented Space by heating in the winter to no less than Fifty degrees (50°) Fahrenheit and cooling in the summer to no higher than Eighty-five degrees (85°) Fahrenheit. Occupant recognizes that under certain circumstances including, but not exclusively, mechanical failure of the cooling or heating systems, material shortages, electrical or other utility blackouts, brownouts, or other failures, acts of God, labor or strikes, malicious mischief, or fire, that the temperature may deviate from the desired minimum/maximum and Occupant understands that the heating and air conditioning systems and their power systems are not redundant. Further, the temperature in the unit containing the Occupant’s items may vary from the general temperature of the Premises. Occupant agrees to release Owner from any and all liability arising from any such failure of the heating and air conditioning systems which occur as a result of a failure outside of Owner’s direct control. Occupant understands Owner does not warrant humidity levels and therefore there is a risk of the growth of mold and/or mildew on the stored Personal Property. Occupant understands that even in a temperature controlled Premises there is a risk of the growth of mold and/or mildew on Occupant’s Personal Property. Owner does not warrant the Premises to be water-tight or dry. Mold is a naturally-occurring substance and it is possible to have mold appear or grow on Occupant’s Personal Property. To help avoid mold, Owner recommends storing Personal Property off the concrete floor, such as on pallets or shelves (do not attach to the Premises), the use of sealed bins, and keeping goods susceptible to mold from touching the walls of the Premises. Occupant agrees that the Premises is not appropriate for the storage of high-value or irreplaceable goods which may be damaged during a period of time when the temperature may deviate from the desired temperature. Occupant understands that any Personal Property brought into the Premises that is damp or wet will likely grow mold or mildew because of its wet or damp condition when brought into the Premises, and as such Occupant agrees NOT to store wet items. Owner recommends Occupant periodically inspect the Premises and the Personal Pr...
IN THE EVENT. OF DEFAULT BY PURCHASER IN THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, SELLER SHALL HAVE THE RIGHT TO TERMINATE THIS AGREEMENT FORTHWITH AND WITHOUT FURTHER OBLIGATION TO PURCHASER, AND TO KEEP THE XXXXXXX MONEY DEPOSIT AS LIQUIDATED DAMAGES. PURCHASER AGREES THAT IT IS DIFFICULT TO ASSESS THE AMOUNT OF DAMAGES INCURRED BY THE SELLER IN THE EVENT OF A DEFAULT BY THE PURCHASER. AS OF THE ENTRY OF THIS CONTRACT, THE AMOUNT OF THE XXXXXXX MONEY DEPOSIT IS A REASONABLE ESTIMATE OF THE DAMAGES.
IN THE EVENT. THERE IS A DISAGREEMENT AS TO WHICH BARGAINING UNIT MEMBER(S) ARE TO BE LAID OFF, THE PARTIES SHALL AGREE ON A MEETING BETWEEN REPRESENTATIVES OF THE ASSOCIATION AND THE ADMINISTRATION TO REVIEW THE PROCEDURE USED TO DETERMINE THE ORDER OF LAYOFF. IN THE EVENT THAT AFTER THIS MEETING, THE PARTIES STILL CANNOT AGREE AS TO WHICH BARGAINING UNIT MEMBER(S) ARE TO BE LAID OFF, THE ASSOCIATION MAY USE THE PROFESSIONAL GRIEVANCE NEGOTIATION PROCEDURE ARTICLE XIV.
IN THE EVENT. OF THE DEATH OF A SON-IN-LAW, DAUGHTER-IN-LAW, SISTER-IN-LAW, OR BROTHER-IN-LAW, THE EMPLOYEE WILL BE GRANTED A LEAVE OF ABSENCE FOR TWO (2) CONSECUTIVE DAYS, INCLUDING THE DAY OF THE FUNERAL AND WILL BE PAID AT HIS/HER REGULAR STRAIGHT TIME HOURLY RATE FOR THE NUMBER OF HOURS HE/SHE WOULD OTHERWISE HAVE WORKED ON THAT DAY.
IN THE EVENT. LANDLORD AGREES TO PROVIDE ANY ADDITIONAL SERVICES AT THE SPECIFIC REQUEST OF TENANT, WITHOUT IMPLYING ANY OBLIGATION ON THE PART OF LANDLORD TO DO SO, THE PROVISION OF SUCH SERVICES SHALL, UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING, BE SUBJECT TO THE AVAILABILITY OF BUILDING PERSONNEL, AND, IF THE PROVISION OF ANY SUCH SERVICE REQUIRES LANDLORD TO INCUR ANY OUT-OF-POCKET COST, TENANT SHALL REIMBURSE LANDLORD FOR THE COST OF PROVIDING SUCH SERVICE (PLUS AN ADMINISTRATIVE CHARGE EQUAL TO FIVE PERCENT [5%] OF SUCH COST, PLUS APPLICABLE SALES TAX) WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF AN INVOICE FROM LANDLORD. UNLESS LANDLORD HAS AGREED WITH TENANT TO THE CONTRARY IN WRITING, LANDLORD MAY DISCONTINUE THE PROVISION OF SUCH ADDITIONAL SERVICE AT ANY TIME UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE (OR IMMEDIATELY UPON THE OCCURRENCE OF AN EVENT OF DEFAULT). TWENTY (120) CONSECUTIVE DAYS AND (b) SUCH FAILURE IS NOT CAUSED BY TENANT OR ANY OF TENANT'S AGENTS, EMPLOYEES, CONTRACTORS OR INVITEES, TENANT SHALL DIRECT TO TERMINATE THIS LEASE UPON THIRTY (30) DAYS WRITTEN NOTICE TO LANDLORD (PROVIDED, HOWEVER, THAT IF LANDLORD IS ABLE TO CAUSE SUCH SERVICE TO BE RESTORED PRIOR TO THE EFFECTIVE DATE OF SUCH TERMINATION, SUCH TERMINATION SHALL BECOME VOID AND WITHOUT FURTHER FORCE OR EFFECT AND THIS LEASE SHALL CONTINUE IN EFFECT UPON THE TERMS AND CONDITIONS SET FORTH HEREIN). FOR PURPOSES HEREOF, THE TERM "ESSENTIAL SERVICE" SHALL MEAN THE PROVISION OF SANITARY SEWER, WATER, ELECTRICITY OR CENTRAL HEAT AND AIR CONDITIONING IN SEASON TO THE PREMISES.
IN THE EVENT. (a) the Company shall take a record of the holders of its Common Stock (or other stock or securities at the time deliverable upon the exercise of this Warrant) for the purpose of entitling or enabling them to receive any dividend or other distribution, or to receive any right to subscribe for or purchase any shares of stock of any class or any other securities, or to receive any other right; or
IN THE EVENT. OF THE DISTRIBUTION OF RESERVES OR PREMIUMS IN CASH OR PORTFOLIO SECURITIES, the new number of shares that may be obtained in redemption of each ORANE will be determined by multiplying the number of shares that may have been obtained in redemption of the ORANEs before the start of the transaction in question by the ratio: Value of the share before the distribution -------------------------------------------------- Value of the share before the distribution less the amount distributed or the value of the security distributed per share For the calculation of this ratio: - the share value before the distribution will be determined using the average of the opening trading prices on the Euronext Paris (or in the absence of a Euronext Paris listing, that of another regulated or similar market where the share or the allocation right are both listed) for twenty consecutive trading days chosen from amongst the forty which precede the distribution day - the value of the securities distributed per share will be established either using the average of the opening trading prices for twenty consecutive trading days as chosen from the forty which precede the distribution day, if these are securities admitted to trading on a regulated market, or, if not, on the basis of a value determined by an expert chosen by the Company.
IN THE EVENT. OF ANY DISPUTE or litigation between the Payee and the Maker or Guarantor or any other person or party with respect to this Note, the Merger Agreement or the Security Documents or with respect to any other matter, thing, event or occurrence, whether past, present or arising in the future, the Maker waives all rights of set off, offset and the right to interpose 18 $224,202.00 HOUSTON, TEXAS JANUARY 26, 1996 any legal claims or counterclaims, the effect of which would be to delay, reduce, deny, limit or offset its obligations under this Note. IF THE EVENT OF ANY CONFLICT between the terms and provisions of this Note, the Security Documents or the Merger Agreement or any other agreement relating hereto or thereto, the terms and provisions of this Note shall control. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY HEREIN, Maker and any endorsers or guarantors of this Note severally waive notice, grace, presentment and demand for payment, notice of dishonor, notice of intent to accelerate maturity, notice of acceleration of maturity, protest and notice of protest and non-payment, bringing of suit, and diligence in taking any action to collect any sums owing under Note or in proceeding against any of the rights and properties securing payment of this Note, and indulgences of every kind. Maker and any endorsers or guarantors of this Note agree that, from time to time, both before and after the maturity date of this Note and without notice, Payee may renew the indebtedness evidenced by this Note, extend the time for any payments on the Note, consent to the substitution of security, accept additional security, or release any existing security for this Note and accept partial payments of this Note without in any manner effecting the liability of maker or any endorser or guarantor under or with respect to this Note, even though Maker or such endorser or guarantor is not a party to any agreement regarding such actions. NEITHER THE Payee's acceptance of partial or delinquent performance or payment nor any forbearance, failure or delay by Payee or any holder hereof in exercising any right, power or remedy shall be deemed a waiver of any obligation of the Maker or any endorser, guarantor or other party liable for payment of this Note or of any right, power or remedy of the Payee or any holder hereof or preclude any other or further exercise thereof; and no single or partial exercise of any right, power or remedy shall preclude any other or further exercise thereof or the ...