Limitation on Rights. (a) This Agreement shall not be deemed to create a contract of employment between the Company and the Executive and shall create no right in the Executive to continue in the Company's employment for any specific period of time, or to create any other rights in the Executive or obligations on the part of the Company, except as set forth herein. This Agreement shall not restrict the right of the Company to terminate the Executive, or restrict the right of the Executive to terminate employment.
Limitation on Rights. Nothing in this Agreement shall be interpreted or construed to confer upon the Optionee any right with respect to continuance of employment by the Company or any of its affiliates, nor shall this Agreement interfere in any way with the right of the Company or any of its affiliates to terminate the Optionee's employment at any time.
Limitation on Rights. (a) The Optionee shall not be deemed for any purpose to be a shareholder of the Corporation with respect to any shares as to which the option granted hereby shall not have been exercised and payment and issuance made as herein provided. Nothing herein shall confer on the Optionee any right to continue in the employ of the Corporation or its subsidiaries, nor affect the right of the Corporation or its subsidiaries to terminate the Optionee's employment at any time without liability to the Corporation.
Limitation on Rights. This Agreement confers no license or rights by implication, estoppel, or otherwise under any patent applications or patents of University other than the Licensed Patents, regardless of whether such patents are dominant or subordinate to the Licensed Patent(s).
Limitation on Rights. No tenant may exercise his rights pursuant to this section if the condition was caused by the tenant, his guest or an invitee of the tenant, nor where the landlord is unreasonably denied access, nor where extreme weather conditions prevent the landlord from making the repair. [PL 1981, c. 428, §10 (NEW).]
Limitation on Rights. (a) This Agreement shall not be deemed to create a contract of employment between the Corporation and the Executive and shall create no right in the Executive to continue in the Corporation’s employment for any specific period of time, or to create any other rights in the Executive or obligations on the part of the Corporation, except as set forth herein. This Agreement shall not restrict the right of the Corporation to terminate the Executive, or restrict the right of the Executive to terminate his employment.
Limitation on Rights. Notwithstanding any other provisions of this Section 1, the Company shall not be obligated to register Conversion Shares if (i) all of the Conversion Shares for which the Stockholders have requested registration are eligible for sale pursuant to Rule 144 under the Securities Act without regard to the volume limitations set forth in Rule 144 and Company causes its agents promptly to transfer shares eligible for sale under Rule 144, or (ii) the aggregate proceeds of the offering of the Conversion Shares so registered (after deduction of underwriting discounts and selling commissions) will not exceed $150,000. Notwithstanding any other provisions of this Section 1, the Stockholders shall not demand registration of the Conversion Shares in the event that the Board of Directors of the Company has approved the filing of a registration statement covering securities issued for the Company's account in a firm commitment underwritten public offering and has notified the Stockholders of such proposed filing, beginning 60 days prior to the intended date of such filing as set forth on such notice and ending upon the earlier of (i) such intended filing date, if such registration statement has not then been filed, or (ii) 60 days following the effective date of such registration statement; provided that the Company is actively employing in good faith all reasonable efforts to cause such registration statement to become effective; and provided, further, that the Stockholders may include or could have included the Conversion Shares in such registration statement pursuant to Section 2. Notwithstanding any other provisions of this Section 1, if, at the time of any request to register Conversion Shares pursuant to this Section 1, the Company is engaged or intends to engage in any acquisition, disposition, merger, business combination, corporate reorganization, or other transaction or development that has not been publicly disclosed and which, in the good faith determination of the Company's Board of Directors, would be adversely affected by the requested registration, then the Board of Directors may direct that such request be delayed until such transaction or development is publicly disclosed or has been abandoned, but in any event for a period not to exceed 60 days. In such event, the Stockholders shall be deemed to have withdrawn their request for registration and such request shall not be counted as a demand registration to which such Stockholders are entitled pursuant to...
Limitation on Rights. (b) Subject to the exception for cash severance payments under the Company's documented severance policy referenced in Section 6(a) above, this Agreement shall not be construed to exclude the Executive from participation in any other compensation or benefit programs in which the Executive is specifically eligible to participate either prior to or following the execution of this Agreement, or any such programs that generally are available to other executive personnel of the Company, nor shall it affect the kind and amount of other compensation to which the Executive is entitled. The Parties hereto have executed this First Amendment to the Agreement as of November 30, 1999. COMSHARE, INCORPORATED By /s/ Danixx X. Xxxxxxx ----------------------------------------------- Danixx X. Xxxxxxx Chairman of the Board /s/ Stanxxx X. Xxxxxxx ----------------------------------------------- STANXXX X. XXXXXXX, XXECUTIVE
Limitation on Rights. Any matter, thing, judgment or determination that is to be, or may be, made or determined by Employer under this Agreement, may be made or determined in the sole and absolute discretion of Employer, whether or not the phase “sole and absolute discretion” is included in the provisions providing for such matter, thing, judgment or determination (except with respect to any matter, thing, judgment or determination that is expressly stated herein to be made or determined “reasonably” by the Employer). Notwithstanding any provision to the contrary herein, no provision in this Agreement shall create, or be deemed or construed to create, any claim, right or cause of action against the Employer or any member of the Icahn Group arising from any failure: to agree to make any investment, provide any financing, generate, obtain or charge any fee, take any profit, or make or sell any investment, in each case whether for any reason or no reason. Employer and its Affiliates shall have no duty or obligation of any kind or charter to make, hold or continue any investment in the Existing Funds or Sargon and may terminate Sargon at any time, for any reason or no reason. Employee acknowledges that Employer could, for example, in its sole and absolute discretion, terminate Sargon at any time, thereby eliminating any further opportunity for Employee to obtain the Escrowed Amount under Section 4(i) or a Second Profit Sharing Payment under Section 5 even if Sargon was operating for months or years prior to such date, and in such event Employee would receive no payment, compensation, profit or interests of any kind or character if there was no “Profit” as of such date, and Employee is freely accepting such risk in entering into this Agreement and waives and releases any right, claim, power or privilege that might or could, otherwise arise from the termination of Sargon (including any claim of bad faith, unfair dealing, quantum meruit, unjust enrichment, breach of contract or any other theory in law or equity). To the extent that any provision of this Agreement may result in any duplication of any calculation, allocation, payment or amount, such consequence is not intended and no such duplicate amount shall be included in any calculation, allocation, payment or amount.
Limitation on Rights. This Option shall not confer on the Optionee any right to continue as an employee of the Company or a subsidiary of the Company or affect the Company's or any subsidiary's right to terminate the Optionee's service at any time, and nothing contained herein shall be deemed a waiver or modification of any provision contained in any agreement between the Optionee and the Company or a subsidiary of the Company. This Option shall not affect the right of the Company or any subsidiary thereof to reclassify, recapitalize or otherwise change its capital or debt structure or to merge, consolidate, convey any or all of its assets, dissolve, liquidate, windup or otherwise reorganize.
