Xx General. The Parties shall be entitled to the benefits secured to them under this Settlement Agreement. The Parties have entered into this Settlement Agreement in consideration of the inherent mutual benefits, including, but not limited to:
Xx General. During the Term and until the one (1)-year anniversary following Executive’s termination of employment with the Company (the “Restriction Period”), Executive shall not directly or indirectly (i) invest or otherwise take advantage of any New Business Opportunity in the Area of Interest, (ii) engage in any other activity or take any other employment in either case relating to, or competing with, the Business in the Area of Interest, (iii) perform services in the Area of Interest for third parties that are competitive with the Business (“Competitive Services”), (iv) induce or solicit employees, salesmen, agents, consultants, distributors, representatives or advisors to terminate or reduce their relations with the Company and its Affiliates, (v) induce or solicit customers or suppliers of the Company and its Affiliates to terminate or reduce their business relations with the Company and its Affiliates, (vi) induce or solicit any investors in connection with any (A) New Business Opportunity in the Area of Interest or (B) business that engages or participates in the Business in the Area of Interest or that performs Competitive Services or (vii) own, operate, advise, manage, carry on, establish, acquire control of, invest in or have an interest (in the capacity of a shareholder, partner, principal, consultant, or any other relationship or capacity) in or otherwise be engaged or affiliated with, any business that engages or participates in the Business in the Area of Interest or that performs Competitive Services.
Xx General. IICO agrees to act as investment adviser to each Fund with respect to the investment of its assets and in general to supervise the investments of the Fund, subject at all times to the direction and control of the Board of Trustees of the Trust, all as more fully set forth herein.
Xx General. All disputes, controversies and claims arising between you and the Company concerning the subject matter of this Award Agreement or the Plan shall be settled by arbitration in accordance with the rules and procedures of the American Arbitration Association in effect at the time that the arbitration begins, to the extent not inconsistent with this Award Agreement or the Plan. The location of the arbitration shall be Greensboro, North Carolina or such other place as the parties to the dispute may mutually agree. In rendering any award or ruling, the arbitrator or arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of Delaware. The arbitration shall be conducted by an arbitrator selected in accordance with the aforesaid arbitration procedures. Any arbitration pursuant to this Section 12(a) shall be final and binding on the parties, and judgment upon any award rendered in such arbitration may be entered in any court, Federal or state, having jurisdiction. The parties to any dispute shall each pay their own costs and expenses (including arbitration fees and attorneys’ fees) incurred in connection with arbitration proceedings and the fees of the arbitrator shall be paid in equal amounts by the parties. Nothing in this Section 12(a) shall preclude you or the Company from seeking temporary injunctive relief from any Federal or state court located within the County of Guilford, North Carolina in connection with or as a supplement to an arbitration hereunder.
Xx General. Subject to the terms and conditions of this Investment Agreement, the Company hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase from the Company, a Simple Agreement for Future Equity for [hyperlink to investment amount] (the “SAFE”).
Xx General. The Shareholder shall cause the Work to be performed strictly in accordance with the Plans and shall not perform any work not called for by the Plans. In performing the Work, the Shareholder shall comply with (i) all applicable laws and legal requirements, (ii) the requirements of all insurance policies covering the Work, the Apartment or the Building, (iii) this Agreement, (iv) the Lease, (v) the House Rules, (vi) the requirements of the Corporation which may be promulgated and revised from time to time (the "Work Rules"), and (vii) any directions given by the Managing Agent, the Corporation's Designated Engineer or the superintendent of the Building. A copy of the Work Rules is annexed hereto as Exhibit "D."
Xx General. Upon any Covered Person receiving notice of any violation of Environmental Laws or any similar notice described in Section , or upon any Covered Person otherwise discovering Hazardous Material on any property owned or leased by such Covered Person which is in violation of, or which would result in liability under, any Environmental Law, Borrower shall: (i) promptly take such acts as may be necessary to prevent danger or harm to the property or any person therein as a result of such Hazardous Material; (ii) at the request of Agent, and at Borrower's sole cost and expense, obtain and deliver to Agent promptly, but in no event later than 90 days after such request, a then currently dated environmental assessment of the property certified to Agent and any future holder of the Loan Obligations, a proposed plan for responding to any environmental problems described in such assessment, and an estimate of the costs thereof; and (iii) take all necessary steps to initiate and expeditiously complete all removal, remedial, response, corrective and other action to eliminate any such environmental problems, and keep Agent informed of such actions and the results thereof.
Xx General. Before issuing New Shares, the Manager shall notify each Investor Member, including in such notice the rights and preferences of the New Shares, the price of each New Share, the aggregate number of New Shares the Manager is seeking to sell, each Investor Member’s pro rata number of New Shares (based on the respective Capital Contributions of the Investor Members), how the proceeds from the sale of New Shares will be used. Each Investor Member shall, within fifteen (15) business days of such notice, notify the Manager of the aggregate number of New Shares such Investor Member wishes to purchase, if any. If a Investor Member fails to respond to the Manager’s notice by the close of business on the fifteenth (15th) business day following the date of the Manager’s notice, such Investor Member shall be deemed to have declined to purchase any New Shares.
Xx General. Except (a) to the extent that any Article of this Lease specifically provides that a dispute between the parties be resolved in a manner other than pursuant to this Article 33, (b) for matters related to Landlord’s right to seek summary possession of the Premises pursuant to Code of Civil Procedure 1161 et seq., and/or (c) provisional remedies set forth in Code of Civil Procedure section 1281.8, submittal of matters to arbitration in accordance with the provisions of this Article 33 shall be the sole and exclusive method, means and procedure to resolve any such claims, disputes or disagreements. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with the provisions of this Article 33 and all attempts to circumvent the terms and conditions of this Article 33 shall be absolutely null and void and of no force or effect whatsoever.
Xx General. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, which notice shall contain a detailed statement of the alleged default or breach, proceed expeditiously, and, in any event, within ninety (90) days after receipt of such notice, to cure or remedy such default or breach; provided however, the Purchase Price, or portion thereof, shall be payable as and on the dates specified herein and time shall be of the essence for completing construction of all Improvements by the outside dates set forth herein. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within the applicable period, the aggrieved party may, subject to the limitations of this Article XII, institute such actions or proceedings as may be necessary or desirable pursuant to Article XVIII. This Section 12.1 shall not apply to a default or breach pursuant to Article IV or preclude the Agency from terminating this Agreement pursuant to Section 12.3 hereof.
