Rejection or Termination. The payment of the Subscription Amount (or, in the case of rejection of a portion of the Subscriber’s subscription, the part of the payment relating to such rejected portion) will be returned, without interest, but subject to deduction of third party processing fees, if any, if Subscriber’s subscription is rejected in whole or in part or if the Offering is terminated or canceled.
Rejection or Termination. The payment of the Subscription Amount (or, in the case of rejection of a portion of the Subscriber’s subscription, the part of the payment relating to such rejected portion) will be returned, without interest, but subject to deduction of third party processing fees, if any, if Subscriber’s subscription is rejected in whole or in part or if the Offering is terminated or canceled. If a subscription was made in a form of currency other than U.S. dollars, you will receive such payment in the form of a check in U.S. dollars via U.S. mail or, in our sole discretion, the currency in which the subscription was made. If we elect to make such payment in a currency other than U.S. dollars, we will use the same process we used to convert the subscription into U.S. dollars to convert the U.S. dollars back into the original currency and such amounts will be refunded to you. You will bear third party processing and exchange costs, if applicable.
Rejection or Termination. Employees shah undergo such medical examinations as may be required by the Company from time to time upon separation of employment and the Company shall have the right to reject or terminate such employees as may be determined by the Company’s medical examiner to be unfit for employment, in keeping with the Company’s regulations, hiring policies, and employment requirements. In the event of a rejection or termination of an employee (other than an employee who has not completed his forty-five (45) working day probationary period, and other than an employee who has falsified his application for employment form in regard to medical information) under Article 24.01, the Union may have such an employee examined by a doctor of its selection, and if his findings as to the medical facts, diagnosis, and prognosis differ from the Company’s medical examiner the differences as to medical facts, diagnosis, and prognosis, shall be referred to a third physician selected by the Company’s medical examiner and the Union’s doctor, and the determination (written and/or verbal) of the selected physician as to the medical facts, diagnosis, and prognosis, shall be final and binding upon the Company and the Union. Whenever a written request is made to the Company’s medical examiner, the employee xxxx be entitled to receive in writing, a statement of the medical facts and diagnosis upon which the rejection or termination of the employee was based.
Rejection or Termination examinations as may be required by the Company from time to time upon separation of employment, and the Company shall have the right to reject or terminatesuch as may be determined by the Company’s medical examiner to be unfit for employment, in keeping with the Company’s regulations, hiring policies, and employment requirements. In the event rejection or termination of an employee (other than an employee who has not completed his forty-five working day pro- bationary period, and other than an employee who has falsified his ap- plication foremployment form in regard to medical Article the Union may have such an employee examined by a doctor of its selection, and if his findingsas to the medical facts, diag- nosis, and prognosis differ from the Company’s medical examiner the differences as to medical facts, diagnosis, and prognosis, shall be re- ferred to a third physician selected by the Company’s medical exam- iner and the Union’s doctor, and the determination (written and/or ver- bal) of the selected physician as to the medical facts, diagnosis, and prognosis, shall be final and binding upon the Company and the Union. Whenever a written request is made to the Company’s medical exam- iner, the employee shall be entitled to receive in writing, a statement of the medical facts and diagnosis upon which the rejection or termination of the employee was based. Provided that an employee completes his forty-five working days probationary period, the Company agrees to reimburse such employee for any costs incurred in having a medical examination requested and required by the Company during the said forty-five working day period. The said costs claimed must be fully supported by bona fide receipts. If a person is pursuant to a determination made under Article above or if a person is unconditionally reinstated by an Arbitration Board established pursuant to Article 7 hereof, the Com- pany agrees to reimburse such person for any reasonable costs and basic wages with a 7 day time limit incurred in having medical exami- nations pursuant to Article The said cost claim must be fully supported by bona fide receipts.
Rejection or Termination. All rights and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Code”), licenses to rights to “intellectual property” as defined under the Code. The Parties agree that Licensee, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Code. Failure by Licensee to affirmatively elect to assert its rights or retain its benefits under this Agreement pursuant to the Code in the event a Trustee or Licensor as a debtor-in-possession rejects or attempts to reject this Agreement as an executory contract shall not be construed as a termination of this Agreement by Licensee under the Code or an acceptance by Licensee of any rejection of this Agreement by a trustee or Licensor as a debtor-in-possession in a case under the Code.
Rejection or Termination. Should Licensor reject this license under section 365(n) of the Bankruptcy Code, Licensee may treat the license as terminated, in which case Licensee shall have a claim against Licensor for all damages incurred by Licensee in connection with such termination. The Parties agree that such damages shall include without limitation damages relating to the loss of the licenses and rights granted to Licensee under this Agreement, the loss or diminution in value of Licensee’s investment in Licensor pursuant to the MTA and/or the Transaction Documents, plus all amounts outstanding under any loan from Licensee to Licensor pursuant to the MTA and/or the Transaction Documents, plus any amounts paid to purchase “Machines” (as such term is defined in the MSA) (less any depreciation on such Machines as shown in Licensee’s financial statements, which financial statements shall be conclusive for purposes of establishing such amounts), plus interest on all such amounts invested, loaned or paid by Licensee from the date of such investment or loan or payment until the date on which Licensee recovers payment in full from Licensor of all damages hereunder and under the MTA and the Transaction Documents at a rate per annum equal to the greater of (i) 10% or (ii) the “prime rate” as reported in The Wall Street Journal in effect from time to time plus two percent. Alternatively, should Licensor reject this license under section 365(n) of the Bankruptcy Code, Licensee may elect, under section 365(n) to continue as licensee under this Agreement.
