Inapplicability. The provisions of this Section 12 shall not be operative upon, or be in any way enforceable against Executive at or after:
Inapplicability. The provisions of this Section 13 shall not be operative upon, or be in any way enforceable against Executive at or after, a Change of Control Termination or a termination of Executive's employment by CCBF and CCB Bank other than for Cause, death or Disability (i.e., a termination without Cause).
Inapplicability. The domestic content procurement preference in this award term only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.
Inapplicability. The obligations of confidentiality and nonuse set forth --------------- in this Agreement shall not apply to any portion of the Confidential Information which:
Inapplicability. Notwithstanding the other provisions of this article, this waiver of liability shall not be applicable to:
Inapplicability. In no event shall the provisions of this Article 24 apply to a sale pursuant to an exercise of a power of sale or a foreclosure by a mortgagee or the acceptance of a deed in lieu of foreclosure by such mortgagee or its nominee.
Inapplicability. Notice by a form of electronic transmission shall not apply to Sections 164, 296, 311, 312 or 324 of the DGCL.
Inapplicability. The authorization and revocation forms described in this Article shall be inapplicable for employees paying the fair share fee.
Inapplicability. The provisions of this Section 11 shall not be operative upon, or be in any way enforceable against Executive at or after a Termination by Executive for Good Reason or a Termination Without Cause of Executive’s employment by the Employer, if in either event the date of Termination is in the final year of Executive’s Employment Period. In addition, the provisions of this Section 11 shall not be applicable or enforceable against Executive at any time after a Change of Control.
Inapplicability. If this Agreement is terminated by Genomatica, this Section 8.3 and Section 8.4 shall not apply. In no event will the right set forth in this Section 8.3 apply to any sale, transfer or other disposition of all or substantially all of the business or assets of Genomatica, whether effected by merger, consolidation, sale of stock or assets or otherwise.
