Xxxxx & Co. By: ------------------------------ Name: Title:
Xxxxx & Co. CONN., a corporation organized and existing under the laws of Connecticut, USA having an office at 0000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxxx 00000, XXX (hereinafter referred to as “Grace-Conn”); and
Xxxxx & Co. Business Travel Accident Insurance Plan. You will become a participant in this Plan effective on the first date of your employment with the Company. The Plan provides protection against death, permanent total disability or dismemberment. The principal sum is 5 times your annual base salary (with a maximum principal sum of $1,500,000). In your case, as in the case of other executives, the usual requirements that you be away from home or normal place of work and that you be on Company business do not apply in order to be eligible for coverage.
Xxxxx & Co. Group Term Life Insurance Program. You will participate in the Company's basic group term life insurance plan under which coverage is 1.5 times your annual base salary. Supplemental life insurance coverage, which is voluntary, is also available at moderate rates based on your age, up to an additional 3 times your annual base salary (with a maximum of $1,500,000 of supplemental coverage). Dependent life insurance is also available to your spouse and unmarried dependent children to age 19 (or to age 23 if the child regularly attends school full-time).
Xxxxx & Co is to make a public offering of the Stock as soon, on or after the effective date of the Registration Statement, as you deem it advisable so to do. The Stock is to be initially offered to the public at the initial public offering prices set forth on the cover page of the Prospectus (such prices being herein called the "public offering prices"). You may from time to time increase or decrease the public offering prices after the initial public offering to such extent as you may determine.
Xxxxx & Co. No. 1, E.T. Xxxxx Co. Xx. 0, X.X. Xxxxx Co. No. 1, each a Texas general partnership, (iii) C.A. Xxxxx Partners, Ltd., a Texas limited partnership, and (iv) X.X. Xxxxx Family Trust, X. Xxxxx Family Trust and X.X.
Xxxxx & Co a foreign for profit corporation authorized to do business in the State of Florida (“Contractor”) with its principal office located at 00000 XX-00, Xxxxxxxx, XX 00000 .
Xxxxx & Co. LIMITED 0000 Xxxxxxxxxx Xxx Xxxxxxx, Xxxxxxx Xxxxxxxx; (hereinafter referred to as the "Employer") PARTY OF THE FIRST PART AND: TEAMSTERS LOCAL UNION No. 213, affiliated with the International Brotherhood of Teamsters, of the City of Vancouver, Province of British Columbia; (hereinafter referred to as the "Union") PARTY OF THE SECOND PART RE: PART TIME CASH & CARRY STAFF The Parties recognize the unique nature of the Cash & Carry business and therefore:
Xxxxx & Co. 766 A.2d 442, 450 (Del. 2000) (citing DEL. CODE XXX. tit. 10 § 8106)). The applicable statute of limitations “is not a ‘discovery statute,’ and the limitations period begins to run from the time the cause of action accrues . . . ‘even if the plaintiff is ignorant of the cause of action.’” Id. (citing DEL. CODE XXX. tit. 10 § 8106; In re Xxxx Xxxxxx P’Ship Litig., 1998 WL 442456, at *4 (Del. Ch. Jul. 17, 1998)). “As the party asserting that tolling applies, plaintiffs bear the burden of pleading specific facts to demonstrate that the statute of limitations was, in fact, tolled.” In re Xxxx Xxxxxx, 1998 WL 442456, at *6. The amended complaint contains no specific allegations demonstrating that the statute of limitations was tolled. (D.I. 180, Ex. A at ¶¶ 100–07, 126–28, 204–06). The amended complaint states, in conclusory fashion, that “None of the actions by Starwood Capital that were a significant factor in causing Woodman to breach the Management Agreement with CGHA were known to CGHA, or could have been known by CGHA in the exercise of reasonable diligence, prior to the time when CGHA first learned of those actions through discovery in this proceeding.” (Id. at ¶ 206) The court is not required to accept such a legal conclusion as if it is a factual allegation, see Xxxxxxx, 550 U.S. at 555, and no other allegation in the amended complaint states a plausible factual basis supporting CGHA’s conclusion. (See D.I. 180, Ex. A at ¶¶ 100–07, 126–28, 204–06) Accordingly, the amended complaint fails to allege specific facts supporting the conclusion that the statute of limitations for the proposed tortious interference claim was tolled, which renders the claim time-barred and, therefore, futile. See In re Xxxx Xxxxxx, 1998 WL 442456, at *6; Xxxxx Family Trust, 503 F.3d at 331. Accordingly, CGHA’s motion to for leave to amend the complaint to add a tortious interference claim against Starwood Capital is denied.
Xxxxx & Co. By: ________________ Xxxxxxxxx Xxxxx This document constitutes part of a prospectus covering securities that have been registered under the Securities Act of 1933. EXHIBIT 10.3 Annex A EXHIBIT 10.3 X. X. Xxxxx & Co.
