vii. The Company is engaged in litigation with a former employee, Hxxxxxx Xxxxxxx. Hxxxxxx Xxxxxxx signed a separation agreement with the Company on July 27, 2012. On October 22, 2012, the Company received a complaint and demand for jury trial alleging wrongful termination, breach of implied employment contract, discharge against public policy, violations of civil rights laws, violations of the whistleblower protection act, and other claims. The Company’s insurer has reviewed the claim and advised the Company that the claim is covered by the Company’s standard officers and directors’ insurance policy. The insurer has assumed the defense of the claim. On September 24, 2013, the Circuit Court for the County of Ixxxxx granted Defendant’s Motion for Summary Disposition, resolving all pending claims and closing the case. On October 30, 2013 the same court denied Plaintiff’s Motion for Reconsideration.
vii. If you sell the Property after the end of the Environmental Incentives Recapture Period to a person who does not want the System, you may have the System removed at no additional cost to you under the Limited Warranty if you pay us (A) all amounts accrued and unpaid under this Agreement including, without limitation, all accrued and unpaid Monthly Payments, penalties, late charges, taxes and interest and (B) the sum of all Monthly Payments which are not yet due discounted to present value at 5% per year (plus any applicable sales or use taxes).
vii. No person shall be personally liable to the Corporation or its stockholders for monetary damages for breach of his or her fiduciary duty as a Director of the Corporation, except for liability (i) for any breach of the Director's duty of loyalty to the Corporation or its stockholders, (ii) for any acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) under Section 174 of the Delaware General Corporation Law or (iv) for any transaction from which the Director derived an improper personal benefit. If the Delaware General Corporation Law hereafter is amended to authorize further elimination or limitation of the liability of directors, then the liability of a Director of the Corporation, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by the amended Delaware General Corporation Law. Any repeal or modification of this paragraph by the stockholders of the Corporation shall be prospective only, and shall not adversely affect any limitation on the personal liability of a Director of the Corporation existing at the time of such repeal or modification. The Corporation shall indemnify any director or officer to the fullest extent permitted by Delaware law.
vii b. The Investment Adviser agrees to notify promptly in writing, from the date of this Agreement through the expiration date of the Offer set forth in the Prospectus, as it may be extended as provided for in the Prospectus (the "Expiration Date"), if any representation, warranty or agreement of the Investment Adviser set forth in Section 1.a. of this Agreement shall be untrue or incorrect in any material respect.
vii. (viii) The Manager intends to direct the Investment Adviser with respect to the investment of the proceeds of the Offer described in the Registration Statement and the Prospectus in such a manner as to cause the Fund to comply with the requirements of Subchapter M of the Code. The Investment Adviser intends to direct the investment of the proceeds of the Offer described in the Registration Statement and the Prospectus in such a manner as to cause the Fund to comply with the requirements of Subchapter M of the Code.
vii. Term 1. This Agreement is concluded for a definite period from the effective date until December 2019. 2. The Agreement becomes valid on the day of signing hereof by authorised representatives of both Parties and effective on the day following the day of its publication in Central Registry of Contracts maintained by the Government Office of Slovak Republic. 3. AbbVie may withdraw from the Agreement if čl. VII. Doba platnosti zmluvy 1. Táto zmluva sa uzatvára na dobu určitú odo dňa jej účinnosti do 31.12.
vii. Employees must complete all nine (9) semester units for Phase I oor a total of eighteen (18) semester units for Phase II pprior to October 1 of the calendar year to receive the stipend. Credits earned after October 1 will not be honored until the following September. The stipend is prorated monthly for each month of employment.