Similarly notwithstanding any provision contained herein to the contrary, this Agreement shall not constitute a waiver or release or otherwise affect Employee's rights with respect to any vested benefits, any rights [he/she] has to benefits which can not be waived by law, any coverage provided under any Directors and Officers ("D&O") policy, any rights Employee may have under any indemnification agreement [he/she] has with the Company prior to the date hereof, any rights he/she has as a shareholder, or any claim for breach of this Agreement, including, but not limited to the benefits promised by the terms of this Agreement.
Similarly. Xxxxxxx and SAC shall cooperate in the enforcement of any Xxxxxxx Patent Right or any Joint Patent Right. In the event of such infringement of any patent Rights, SAC shall have the right but shall not be obligated to bring suit against the infringer. All costs of the litigation shall be the responsibility of SAC. Any recoveries from such litigation, or any settlement thereof, shall go to SAC, with the provision that should the recoveries exceed the outlays for such litigation, then SAC will pay to Xxxxxxx four (4%) percent of such excess. SAC will keep Xxxxxxx fully and promptly informed of the progress of such litigation. SAC shall have the power at its option to enter into any settlement of such litigation; provided, however, that any such settlement must uphold the existence of all the Patent Rights and this Agreement. If SAC refuses or fails to enforce any patent Rights within a reasonable time after notice, Xxxxxxx may do so in his own name, at this sole expense and for his sole benefit.
Similarly the enterprise should respond to requests from a large group of an enterprise's employees for the total or partial cessation of work on a single day or part thereof for an annual outing or simi- lar activity. Such requests must be made in good time by the em- ployees so that the enterprise can arrange the associated days off on a day or at a time that is least inconvenient for the enterprise. Floating holidays
Similarly. HP shall authorize HP's Auditors to make available to Agilent's Auditors both the personnel who performed or are performing the annual audits and quarterly reviews of HP and work papers related to the annual audits and quarterly reviews of HP, in all cases within a reasonable time prior to HP's Auditors' opinion date, so that Agilent's Auditors are able to perform the procedures they consider necessary to take responsibility for the work of HP's Auditors as it relates to Agilent's Auditors' report on Agilent's statements, all within sufficient time to enable Agilent to meet its timetable for the printing, filing and public dissemination of Agilent's annual and quarterly financial statements.
Similarly. Buyer and Buyer Entities will not in any way, directly or indirectly, make any statements, written or verbal, that are defamatory, derogatory, or disparaging about, or that may adversely affect the Sellers (or either of them); provided that communication with any future employer of Xx. Xxxxxx regarding his performance as an employee of Company shall not constitute a violation of this Section 4. This includes, but is not limited to, making such statements on any internet site, message board, blog or social media page, including Facebook, Google Plus, Twitter, LinkedIn, or any other internet site, electronic medium, or any other forum or medium. This prohibition applies to statements made under false names, anonymously, or through third parties or other business entities. The terms “derogatory” or “disparaging” as used in this Agreement are intended by the parties to have the broadest possible meaning and are to include any utterances or writings by Sellers or at Sellers’ instruction, whether or not Sellers believe or is of the opinion that such utterances or writings are correct or true, which could be reasonably regarded as tending to deprecate, discredit, demean, lower or diminish the regard or reputation of or otherwise adversely affect the Business or the Buyer Entities as a result.
Similarly the Buyer shall not be liable for any damage, losses, claims and other expenses incurred by the Seller or any third party through actions or omissions, responsibility for which lies with the Seller, its employees, agents, or other representatives, and the Seller agrees to indemnify and keep the Buyer harmless from such losses, damage, claims or other expenses. The above mutual obligations shall remain in effect till expiry or early termination of the present Agreement.
Similarly. Buyer shall make an additional payment to Holdings on September 1, 2006 in the amount of $125,000 if the aggregate “net operating income” (as defined below) of the Acquired Business in the country of Denmark during calendar 2005 and the six-month period ending June 30, 2006 equals or exceeds the sum of $360,000, and if such net operating income for the country of Denmark during such period is less than $360,000, then such payment shall be reduced in proportion to the shortfall in such net operating.