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. Kennedy and SAC shall cooperated in the enforcement of any Kennedy 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 Kennedy four (4%) percent of such excess. SAC will keep Kennedy 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, Kennedy may do so in his own name, at his sole expense and for his sole benefit.
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. Owner agrees to fully protect, defend, indemnify and hold Builder harmless from and against all liabilities, obligations, claims or actions, on account of personal injury or death or property damage arising prior to the acceptance by Owner of the Vessel out of performance by Builder or Owner of their obligations hereunder, and asserted by or on behalf of any
Similarly as regards any payments to the Social Security and given that the Subrogated Employees shall not be registered at the Social Security until the Closing Date in the way set forth in the Clause 6.2 above, the Buyer shall reimburse the Seller for any amounts in excess paid by the Seller corresponding to the period after the Effective Date. The Buyer shall then proceed to reimburse such amount within ten (10) days from the date on which it receives the relevant invoice issued by the Seller.
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. Orphan Medical will work closely with Chronimed regarding the ordering of any short dated product. All attempts will be made to utilize short dated product for mail order patients vs. wholesale accounts and outdated merchandise should be minimized using this approach. In event of outdated product, Orphan Medical will accept responsibility by exception only (i.e. on a case by case basis).