Nature of the Engagement. 9.1. You hereby confirm and declare that the engagement between you and the Site is an engagement between the provider of a license and a licensee and the parties are not bound in any employee-employer relations and/or in any partnership relations.
Nature of the Engagement. We understand that under that certain Master Transaction Agreement (“MTA”) between Apple and Liquidmetal Technologies, Inc. and its subsidiaries, that it has been agreed therein that Apple shall have the sole and exclusive right, in the United States and other jurisdictions around the world, to control patent prosecution for inventions, current and future patent applications and patents that have been or will be assigned to Crucible IP. Section 5(c) of the MTA provides that Crucible IP and Apple will execute an engagement letter in the form of this engagement letter, retaining patent counsel to represent both Apple and Crucible IP with respect to such patent applications. This engagement letter is the engagement letter referred to in Section 5(c) of the MTA. xxx.xxxxxxxxxxxx.xxx Patent Counsel Joint Engagement LettervFINAL Crucible Intellectual Property LLC Apple, Inc. August 2, 2010 In connection with this engagement, you hereby instruct us to set up a joint customer number in the United States Patent Office for Apple and Crucible IP to allow Apple and Crucible IP to monitor prosecution activities for all patent applications within the United States. You further instruct us to prepare and send to Apple and Crucible IP a quarterly patent prosecution report that will include such matters as each of Apple and Crucible IP shall direct and shall include, without limitation: (i) information identifying invention disclosures on which Apple has decided not to file patent applications, and stating whether such inventions shall be treated as trade secrets or whether Crucible IP is free to pursue patent protection thereon at its own expense using other counsel, and to file patent applications; (ii) jurisdictions where Apple has decided to file patent applications; (iii) which patent applications Apple has decided to let go abandoned; (iv) any continuations, continuation-in-parts, or divisional applications Apple has decided to file, and (v) what fees (including without limitation, issue fees, publication fees, maintenance fees, grant fees and annuity fees) Apple intends not to pay. We understand that while Crucible IP will provide materials for preparing, filing and prosecuting new patent applications, and will respond to requests for material, information and assistance as we may make from time to time in connection with our representation, Apple alone will give us instructions in connection with our representation of Crucible IP. For the sake of clarity, we have a...
Nature of the Engagement. During the Engagement, you will have the normal duties, responsibilities and authority attendant to the position of President and CEO of the Company, subject to the power of Teradata’s Board of Directors (the “Board”) to expand or limit such duties, responsibilities and authority from time to time, within the duties commensurate with the duties of the President and CEO of a comparable public company. The Company will appoint you to serve as a member of the Board, and you agree to serve as a member of the Board for no additional compensation.
Nature of the Engagement. The Financial Advisor will advise and assist the Company with the following: Scope of Work Phase I: Planning and Development During Phase I, Xxxxxxxxxx will advise and assist Intelligent Fund Management, LLC to position the OmniFund products, including “Robo Advisor”, with regard to the following: Marketing – Advise on revenue models for target investor groups and platforms for product delivery. New products – New product ideas that could be developed using the existing OmniFund methodology in order to fit market niches or asset classes of high demand or where the methodology demonstrates strong performance characteristics. Investors – Determine the target investor groups. Platforms – Analyze the options for platforms for product delivery. Access – Establish how to most successfully access investor groups. Product Structure – Advise on all aspects of product structure as they relate to target investor groups and platforms for product delivery. Phase II: Execution During Phase II, Xxxxxxxxxx will advise and assist IMF with regard to the following: Identify alternatives and advise on product structures such as ETF’s (both passive and active index products), Mutual Funds, Closed-End Funds, Separately Managed Accounts (SMAs), and delivery systems such as Strategic Partnerships, Asset Management companies, Securities firms and funds. 00 Xxxx Xxxxxx Xxxxxx, Greenwich, CT 06830 Tel. (000) 000-0000 Fax (000) 000-0000 Advise on strategy for providing OmniFunds capabilities such as Direct management, Co-management, Subadvisory, Strategic Partnership and advise on the strengths and weaknesses of each as they relate to OmniFunds. Prioritize the most attractive options in terms of (1) capturing AUM, (2) revenue models to maximize profitability, and (3) timing – develop realistic timetables. Create marketing materials as needed for each initiative. Contact groups targeted. Arrange and attend meetings with OmniFunds. Advise and assist with negotiations for each initiative. The Company recognizes and confirms that: (i) in performing these services the Financial Advisor will be using and relying on publicly available information released by the Company and such other information as may be furnished to it or approved by the Company (collectively, the “Information”); (ii) the Financial Advisor does not assume responsibility for the accuracy and completeness of the Information and (iii) the Financial Advisors are not responsible for independently v...
Nature of the Engagement. During the Engagement, you will have the normal duties, responsibilities and authority attendant to the position of President and CEO of the Company, subject to the power of NCR’s Board of Directors (the “Board”) to expand or limit such duties, responsibilities and authority from time to time, but in all events you shall have the duties, responsibilities and authority commensurate with the position of a CEO of a public entity of similar capitalization from time to time. The Company will appoint you to serve as a member of the Board, and you agree to serve as a member of the Board for no additional compensation.
Nature of the Engagement. During the Engagement, you will have the normal duties, responsibilities and authority attendant to the position of CEO of the Company, subject to the power of NCR’s Board of Directors (the “Board”) to expand or limit such duties, responsibilities and authority from time to time. While you will spend sufficient time at the Company’s offices in Dayton, Ohio and elsewhere, the Company acknowledges that you currently reside in Florida and will not require you to relocate to Dayton, Ohio. During the Engagement, you may continue to serve as a director of the entities on whose boards you currently serve, but will not, without the prior approval of the Board, agree to serve as a director for any other entities.
Nature of the Engagement. In the capacity described above, Chatsworth will act as a consultant and will advise and assist the Company with respect to the following:
Nature of the Engagement. 7.1. You hereby confirm and declare that the engagement between you and HD Bros. is an engagement between the provider of a license and a licensee and the parties are not bound in any other partnership relations.
Nature of the Engagement. As Financial Advisor, we will advise and assist the Fund with regard to the following: All aspects of the offering including advising on the pricing formula and the terms and conditions for the offering, marketing to shareholders and new investors (as detailed in Appendix A, attached hereto), reviewing the Registration Statement and Prospectus Supplement prior to SEC filing, selection of the Information and Subscription Agent and all other matters related to the Offering. Chxxxxxxxx xill also work with all parties involved in the Offering including the Board of Directors, Legal Counsel, the Fund’s Investment Advisor, Information Agent, Subscription Agent, the New York Stock Exchange and others to coordinate the overall process in an effort to help assure that the Offering proceeds smoothly and on schedule. The Fund recognizes and confirms that: (i) in performing these services the Financial Advisor will be, in part, using and relying on publicly available information released by the Fund and such other information as may be furnished to it or approved by the Fund (collectively, the “Information”); (ii) the Financial Advisor does not assume responsibility for the accuracy and completeness of the Information and (iii) the Financial Advisor is not responsible for independently verifying any of the Information provided to it by the Fund. The Fund shall be responsible for the contents of any disclosure documents used in the Offering. The FW1d shall ensure that such documents will not, with respect to Information provided by the Fund, as of the date of any offer or sale of any securities, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances in which they were made, not misleading. 95 Xxxx Xxxxxx Xxxxxx, Greenwich, CT 06830 Tel. (200)000-0000 xax (200) 000-0000 In its efforts to bring investors into the Offering, the Financial Advisor shall act solely as the Fund’s agent and not as principal. The Fund understands and agrees that Chxxxxxxxx xs not acting in a fiduciary capacity.
Nature of the Engagement a. You hereby confirm and declare that the engagement between you and the Company is an engagement between a licensor and a licensee and the parties are not bound in any employee employer relations and/or in any partnership relations.
