Mutual Acknowledgements. Both parties acknowledge that:
Mutual Acknowledgements. A. Employee and the Company acknowledge that Employee has seven (7) days following the execution of this Agreement to revoke the delivery (and, therefore, the effectiveness) of this Agreement (“Revocation Period”). Any such revocation by Employee must be in writing and received by the Company in the manner set forth in Section 2.B. above on or before 5:00 p.m. MT on the seventh (7th) calendar day after Employee has executed this Agreement. If an effective revocation is delivered in the foregoing manner and timeframe, the release of claims set forth in Section 3.A. and 3.B. above will be of no force or effect, Employee will not receive the Separation Benefits and the remainder of this Agreement will be null and void.
Mutual Acknowledgements. HE and RLB acknowledge and agree: (a) that the HE GSD is amended from the date of this deed by: (i) inserting at the end of the definition of “Secured Money” in the HE GSD the words “and the Redbank Finance Facility Agreement”, and (ii) inserting a definition in clause 1.1 of “
Mutual Acknowledgements. 5.1 Access to and use of the SEDAR Filing Services is restricted to Authorized Users of the Subscriber only. The ASC will establish a Subscriber’s account and Authorized User identification numbers and passwords and may establish a personal identification number (“PIN”) unique to the Subscriber, each of which will be given to the Subscriber’s Principal Contact. Subscriber is responsible for changing initial passwords upon gaining access to the SEDAR Filing Services and at any other times necessary for security purposes and for notifying the ASC in writing as soon as possible if a breach of security is suspected or if the integrity of the PIN is at risk. The ASC reserves the right to decline to assign a new PIN if the signature of the Principal Contact cannot be verified using a specimen signature on file. The Subscriber’s Documents in Electronic Format which will be or have been transmitted as part of the SEDAR Filing Services will be handled by the ASC in accordance with its established security procedures, the effectiveness of these procedures being dependent upon Subscriber’s implementation of those aspects of the procedures which are under Subscriber’s control.
Mutual Acknowledgements. Commented [A1]: This “A” doesn’t correspond with the rest of the outline of this document. I did some further window dressing to make the outline look consistent. The parties mutually acknowledge the following:
Mutual Acknowledgements. The Parties acknowledge and agree with each other as follows:
Mutual Acknowledgements. The Parties acknowledge and agree that the purpose of:
Mutual Acknowledgements. EACH OF THE UNDERSIGNED PARTIES ACKNOWLEDGES AND AGREES THAT IT HAS CAREFULLY READ EACH OF THE TERMS AND PROVISIONS OF THIS AGREEMENT AND UNDERSTANDS ITS CONTENTS, THAT EACH PARTY HERETO EXECUTED THIS AGREEMENT AS ITS OWN FREE ACT AND DEED, AND EACH PARTY HERETO REPRESENTS AND WARRANTS TO BE DULY AUTHORIZED AND COMPETENT TO EXECUTE THIS AGREEMENT.
Mutual Acknowledgements. This Agreement constitutes the entire agreement, and supersedes all prior written or verbal agreements, with respect to the subject matter herein, and may not be amended, modified or waived except by mutual written consent signed by both Parties. All Proprietary Information will remain the exclusive property of the Disclosing Party, and no rights or obligations other than those expressly recited herein are to be implied from this Agreement including, without limitation, licenses or rights under any patent, trademark, copyright, trade secret or know-how that is now or that may be held or which is or may be licensable by either Party. Further, nothing in this agreement shall be understood as requiring the Parties to enter into any subsequent agreements or to require either Party to purchase or supply information, goods, materials, products or services. The Party disclosing Proprietary Information hereunder makes no representation, express or implied, as to adequacy, sufficiency or freedom from fault of the same, and incurs no responsibility or obligation by reason thereof. Neither Party shall be liable to the other for any cost, expense, or risk of liability arising out of efforts of the other Party in connection with performance of this Agreement.
Mutual Acknowledgements. Both the Corporation and Indemnitee acknowledge that in certain instances, applicable law (including applicable federal law that may preempt or override applicable state law) or public policy may prohibit the Corporation from indemnifying the directors of the Corporation under this Agreement or otherwise. For example, the Corporation and Indemnitee acknowledge that the U.S. Securities and Exchange Commission has taken the position that indemnification of directors, officers and controlling persons of the Corporation for liabilities arising under federal securities laws is against public policy and, therefore, unenforceable. Indemnitee understands and acknowledges that the Corporation has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s right under public policy to indemnify Indemnitee. In addition, the Corporation and Indemnitee acknowledge that federal law prohibits indemnifications for certain violations of the Employee Retirement Income Security Act of 1974, as amended.
