Rule. The greater amount of the actual cost of the transferred goods and services as determined in accord- ance with applicable Federal cost prin- ciples, or 75 percent of the best cus- tomer price of the transferred goods and services, shall be deemed to be al- lowable costs; provided, however, that in no event shall the aggregate of these allowable costs exceed 30 percent of the non-Federal share of the total cost of the joint research and development program.
Rule. 144A. Each of the Company and the Guarantors hereby agrees with each Holder, for so long as any Transfer Restricted Securities remain outstanding, to make available to any Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities from such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Securities Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A under the Securities Act.
Rule. 144. The Company covenants that it shall file any reports required to be filed by it under the Securities Act and the Exchange Act and shall take such further action as the holders of Insider Shares may reasonably request, all to the extent required from time to time to enable such holders to sell Insider Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144 under the Securities Act, or any similar provision thereto, but not Rule 144A.
Rule. 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its security holders as soon as practicable an earnings statement for the purposes of, and to provide the benefits contemplated by, the last paragraph of Section 11 (a) of the 1933 Act and Rule 158 of the 1933 Act Regulations.
Rule. 23 Settlement Class. The Rule 23 Settlement Class is defined as the40 dispatchers that worked overtime for Defendants during the Relevant Time Period in the State of Nevada that do not timely submit Opt Out Forms in the Action. For settlement purposes only, the Parties agree and stipulate that the requisites for establishing class certification pursuant to Fed. R. Civ. P. 23 with respect to the Settlement Class Members have been and are met. Defendant reserves all other arguments regarding class certification and does not consent to class certification for any other purposes other than settlement.