Wilson. If James M. Wilson, MD, PhD becomes unavailable to oversee and support the performance of the research under the Research Plan for any reason, Penn may propose another member of its faculty who is acceptable to Licensee, in its sole discretion, to oversee the performance of the Research Program. If a substitute faculty member acceptable to Licensee has not been agreed upon within […***…] after James M. Wilson, MD, PhD is no longer available to oversee and support the performance of the Research Plan, Licensee may terminate this Agreement upon written notice thereof to Penn, subject to the provisions of Article 10. *** Confidential Treatment Requested ***
Wilson. This Amendment No. 2 to the Amended and Restated Employment Agreement dated as of December 15, 2008, as amended (the “Agreement”) by and between Affinia Group Inc. (the “Company”) and Keith A. Wilson (“Executive”) is made this 29th day of August 2012. Capitalized terms used herein without definition have the meanings assigned to such terms under the Agreement. The Company and Executive have determined that it is in their best interests to amend the Agreement to provide for an automatic extension of the Employment Term upon the occurrence of a Change of Control. In consideration of the mutual covenants contained herein and the continued employment of Executive by the Company, the parties agree as follows:
Wilson. 7. Nothing in this Agreement shall limit or restrict the right of any of the Subadviser's partners, principals, members, officers or employees who may also be a Trustee, officer or employee of the Trust or the Fund to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any business, whether of a similar or a dissimilar nature, nor limit or restrict the Subadviser's right to engage in any other business or to render services of any kind to any other corporation, firm, individual or association.
Wilson. As additional consideration for Lender agreeing to release all of its right, title and interest in and to the Released Partnership Collateral, and to consent to the Restructuring, James J. Wilson and Barbara A. Wilson shall unconditionally guarantee the obligations of IGC and American Land under the Original Credit Facility, as amended herein, and the Original Loan Documents, as amended herein, and to further guarantee the obligations of ACPT under the ACPT Guaranty, pursuant to that certain Guaranty Agreement (which Guaranty Agreement, as the same may from time to time be extended, replaced, amended, restated or otherwise modified is herein the "New Wilson Guaranty") in the form attached hereto as Exhibit 6.6. The New Wilson Guaranty has been executed and delivered by James J. Wilson and Barbara A. Wilson, his wife, simultaneously herewith.
Wilson v. Howard, (1878) ILR 4 CAL 231, Hon’ble High Court of Calcutta observed: Then, as regards the letter itself, upon which the Learned Judge in the court below has laid so much stress, it is perfectly true that it was a very improper thing for the defendants’ attorneys to use a letter in evidence which was written without prejudice, and obviously in the course of negotiation between the attorneys on both sides for an amicable adjustment of the plaintiff’s claim [Para 11]. Communication such as these are clearly inadmissible in evidence. They are excluded on grounds of public policy and convenience; and the rule of law which excludes them is as binding upon the arbitrators as upon Courts of Justice, notwithstanding Section 1 of the Evidence Act (see Taylor on Evidence, 7th edition, Section 795, and the authorities cited therein. One is only surprised that a rule, so well-known amongst professional men, should have transgressed in this instance by the defendants’ attorney [Para 12].