Nevertheless the provisions of this Treaty, and in particular Article VI and VII, shall apply to matters of taxation only with respect to the following:
Nevertheless. Confidential information shall not include information that: (i) is in or enters the public domain without breach of this Agreement; (ii) the receiving party lawfully receives from a third party without breach of an obligation of nondisclosure; (iii) the receiving party can demonstrate with documentary evidence that it knew or had such confidential information prior to the disclosure of such information from the disclosing party.
Nevertheless when a set is composed of both originating and non-originating goods, the set as a whole shall be considered as originating, provided that the CIF value of the non-originating goods utilized in the composition of the set does not exceed 15% per cent of the ex-works price of the set.
Nevertheless. Section 145(f) does provide support for wide-ranging agreements which broaden or enlarge upon indemnification rights granted in the various other subsections of Section 145, although provisions in such a[n] . . . agreement which are contrary to limitations or prohibitions set forth in other subsections may be held unenforceable if they violate other statutes, court decisions or public policies. . . . For example, because of the limitations of Section 145(b), a corporation may not be able to indemnify under the authority of Section 145(f) for judgments or amounts paid in settlements in derivative suits. . . . On the other hand, Section 145(f) may authorize the adoption of various procedures and presumptions to make the process of indemnification more favorable to the indemnitee without violating that statute.” See Balotti and Xxxxxxxxxxx, Delaware Law of Corporation and Business Organizations, § 4.16 at 4-345 to 4-350. Sometimes a contract providing for indemnification beyond Section 145 will itself contain limitations on the scope of additional indemnification. These limitations might include prohibitions on indemnification for (i) violations of xxxxxxx xxxxxxx laws such as Section 16(b) of the 1934 Act, (ii) conduct that is determined to be knowingly fraudulent or deliberately dishonest or to constitute willful misconduct, (iii) actions brought by the corporation, (iv) actions brought by the indemnitee without board approval and (v) actions relating to proxy contests in opposition to the board. See Section 9 below.]
Nevertheless. In the event the EC modifies the conditions, the Contractor will amend the Contract accordingly.
Nevertheless the provisions of paragraph 1 may be declared inapplicable in the case of: — any agreements or classes of agreements between enterprises, — any decisions or classes of decisions by associations of enterprises, and — any concerted practices or classes of concerted practices which contribute to the improvement of the production or distribution of goods or to the promotion of technical or economic progress while reserving to users an equitable share in the profit resulting therefrom, and which:
Nevertheless. In the event the EIT modifies the conditions, the Contractor will amend the Contract accordingly.
Nevertheless the forwarder shall be entitled, but not obliged, on his own authority and at his principal's expense and risk to take all such action as he deems necessary in the principal's interest.
Nevertheless in case of a takeover by another legal entity, merger, absorption, assignment, transfer of BIOPHYTIS or all or part of its activities to another legal entity modifying the intuitu personae characteristics taken in consideration for the conclusion of the LICENSE AGREEMENT (hereinafter referred to as “TRANSFORMATION”), BIOPHYTIS will notify SATT LUTECH of such TRANSFORMATION. The LICENSE AGREEMENT may be terminated by UPMC or SATT LUTECH, acting on behalf of the ESTABLISHMENTS, only if: · said TRANSFORMATION undermines the missions of any of the ESTABLISHMENTS as set out in (i) Decree No. 82-993 of 24 November 1982 on the organisation and functioning of CNRS and/or Decree No. 2009-1348 of 29 October 2009 on the organisation and functioning of CNRS, (ii) Articles L.112-1 et seq. of the Research Code and R831-1 et seq. of the Rural and Maritime Fishing Code related to the missions of INRA and/or (iii) the missions of UPMC as established in the research code and the education code, particularly in its article L123-3. And/or · said TRANSFORMATION is contrary to public order and morality, And/or · the third party legal entity involved in the TRANSFORMATION is in litigation (in a contentious or pre-contentious form) with any of the ESTABLISHMENTS. Where applicable, UPMC or SATT LUTECH, acting on behalf of the ESTABLISHMENTS, shall inform BIOPHYTIS of the decision to terminate the LICENSE AGREEMENT, in writing and within twenty (20) days of receipt by SATT LUTECH of the notification of a TRANSFORMATION by BIOPHYTIS, with an additional period of twenty (20) days if this notification occurs between 20 July and 31 August. Without a duly motivated refusal during the aforementioned period of twenty (20) days, the LICENSE AGREEMENT will continue automatically.
Nevertheless the Company has decided to provide you with information that you may consider relevant in assessing the waiver of age discrimination claims. Certain other employees are separating from service in connection with Tenneco's corporate restructuring and as a result, are eligible for Tenneco's severance program.
