THINC definition
Examples of THINC in a sentence
The Company will have outstanding no other shares of capital stock and no securities convertible into or exchangeable for, or warrants, options or other rights to acquire from the Company, or other obligations of the Company to issue, directly or indirectly, any shares of capital stock of the Company, other than the THINC Warrants and the right of Cerner to additional Common Stock set out in Section 2.05 of the Stockholders Agreement.
On the date hereof, the Company agrees to assume all of the obligations of THINC under the Working Capital Loan Agreement dated as of January 1, 1999 and the Promissory Note dated as of December 10, 1999.
Synetic shall cooperate with THINC and its Members, and take all reasonable steps necessary, to effect the transition of the management of THINC from Synetic to THINC or a third-party designee of THINC.
The terms of such employment will be mutually agreed upon between Synetic and the THINC Employees.
Synetic will provide to the Board of Managers of THINC reasonable supporting documentation for these costs and, subject to Section 5.6, an opportunity to review and audit such costs.
For the purposes of the limitations of liability set forth in this Section 10, references to Synetic shall be deemed to include its subsidiaries and their affiliates, and the directors, officers, employees, agents, representatives, subcontractors and suppliers of any of them, and references to THINC shall be deemed to include its subsidiaries and their affiliates, and the directors, officers, employees, agents, representatives, subcontractors and suppliers of any of them.
Without limitation of the foregoing, but subject to Sections 11.2(ii)(b) and 11.2(ii)(c), Synetic's liability under this Agreement, if any, arising out of the performance or non-performance of its obligations shall be limited to actual direct money damages incurred as a result of Synetic's gross negligence or bad faith, plus any unreimbursed telecommunication and interface development costs of THINC actually incurred in providing access for the Clinical Transaction Services.
Notwithstanding the foregoing, Synetic and THINC will issue a press release announcing the execution of this Agreement.
THINC will retain financial responsibility for the depreciation, funding, taxes and insurance expenses and other expenses incidental to ownership of each of the THINC Supplied Assets.
THINC shall pay to Synetic its reasonable costs for such transition, unless such transition is following a termination of this Agreement by THINC due to a material breach of the Agreement by Synetic, as set forth in Section 8.3, or due to fraud by Synetic, as set forth in Section 8.4, or due to an acquisition of Synetic by a Health Plan Competitor, as set forth in Section 8.7.