Select Comfort definition

Select Comfort s obligations under this Section 12.1 do not apply to any Claim that is directly caused by Radisson's or any of its Affiliates negligence or willful misconduct. For purposes of this Article, Radisson and its Affiliates includes their respective officers, directors, shareholders, managers, members, governors, employees, agents, Third Party contractors, successors and assigns.
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Select Comfort means Select Comfort Corporation together with its subsidiaries and affiliates.
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Select Comfort has the meaning given in the preamble paragraph hereto, and includes such entities successors and permitted assigns.
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Examples of Select Comfort in a sentence

  • In consideration of this Agreement, the Employee agrees that, during the Employment Term, and for one year thereafter, the Employee shall not act as a proprietor, investor, director, officer, employee, substantial stockholder, consultant, or partner in any mattress retailer which does not sell Sealy products or with any of the following mattress manufacturing companies or their affiliates: Xxxxxxx, Serta, Spring Air, Kingsdown, Tempurpedic, and Select Comfort.

  • In a “secret shop,” Sleepy’s employees would enter a Select Comfort retail store, pose as a potential customer, and record the experience through a tape recorder or a written report.

  • Acker also instructed his employees to conduct a “blitz”6 of secret shops at certain Select Comfort stores to gather information.

  • In this case, however, Acker instructed his employees to conduct a “blitz” of secret shops to gather information on Select Comfort to support a potential lawsuit.

  • Following the liability phase of that trial, Select Comfort moved for judgment as a matter of law, which Judge Platt granted on all claims.

  • In a November 6, 2006 conference call with Bookbinder and Fishman, which was recorded, Acker discussed that “[t]his may be an enormous, fabulous lawsuit for Sleepy’s to collect damages.” (DX 95 at 4.)5 He continued:This may be very good because if we start getting involved in a lawsuit especially in a class action and it gets publicity it will not be good for [Select Comfort].

  • Additionally, when Acker instructed the Sleepy’s sales force to e- mail Bookbinder if they knew of any Select Comfort employees making disparaging remarks about Sleepy’s or its products, Bookbinder received zero responses.13 (See DX 36; Tr. 498:7-501:6.) And although the Court stated on one occasion that both sides had a “great deal of proof,” (Tr. 1492:25-1493:1), it also expressed “real misgivings about the admissibility of a great deal of the evidence .

  • First, Rule 11 is inapplicable here because Select Comfort never invoked Rule 11’s “safe harbor” provision, which gives the opposing party twenty-one days to correct or withdraw certain factual or legal contentions at issue.

  • Select Comfort also moves for an award of attorney’s fees under Federal Rules of Civil Procedure 11 and 54(d)(2) and Local Rule 54.1(c)(7).

  • Essentially, Sleepy’s argues that Select Comfort disparaged Sleepy’s and its products, thus depriving Sleepy’s of profits.


More Definitions of Select Comfort

Select Comfort. SELECT COMFORT CORPORATION BY: /s/ Xxxxxxx X. Xxxxxx Signature __Kathryn V. Roedel________________________ Printed Name __EVP – Chief Service & Fulfillment Officer______ Title 7/16/2013 Signature Date “SUPPLY PARTNER” XXXX BY: /s/ XXXX Signature _XXXX____________________________ Printed Name _Chairman of the Board of Directors___________ Title 9/7/2013 Signature Date [Portions of this Section have been omitted pursuant to a request for confidentiality under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. The confidential portions of this Section that have been omitted are marked with “XXXX”. A copy of this Exhibit with all sections intact has been filed separately with the Securities and Exchange Commission. Master Supply Agreement(for the supply of certain component parts to be incorporated into finished goods) Schedule of Attachments Schedule A Part SKU Number, Description, Pricing, and Rebate Schedule B Specifications, master Drawings, and COA Schedule C Quality Requirements Exhibit 1 Supply Partner Traceability Process Outline Exhibit 2 Supply Partner Business Continuity Plan Exhibit 3 Select Comfort Supplier Barcode Labeling Requirements Select Comfort/XXXX Master Supply Agreement SCHEDULE A SKU Number, Description, Price, Volume
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