Notwithstanding Sections 3. 1.1 or 3.2, nothing herein shall require BMS to transfer, disclose or provide to Eiger (i) any reagents, assays or other tangible biological or chemical materials that are not listed on Appendix 4 and, (ii) any general information or know-how that should reasonably be known to a pharmaceutical company engaged in the research, development, manufacture or commercialization of interferon therapeutic agents to treat Hepatitis B or Hepatitis C. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Notwithstanding Sections 3. 1 and 3.2, all amendments, Change Orders, notices and other communications between Contractor and Owner contemplated herein shall be delivered in writing and otherwise in accordance with Section 33.
Notwithstanding Sections 3. 1.1 or 3.2, nothing herein shall require Licensor to transfer, disclose or provide to Licensee (i) any reagents, assays or other tangible biological or chemical materials that are not listed on Exhibit A and, (ii) any general information or know-how that should reasonably be known to a pharmaceutical company engaged in the research, development, manufacture or commercialization of small molecule ligands.
Notwithstanding Sections 3. 1.1 or 3.2, nothing herein shall require BMS to transfer, disclose or provide to Eiger (i) any reagents, assays or other tangible biological or chemical materials that are not listed on Appendix 4 and, (ii) any general information or know-how that should reasonably be known to a pharmaceutical company engaged in the research, development, manufacture or commercialization of interferon therapeutic agents to treat Hepatitis B or Hepatitis C.
Notwithstanding Sections 3. 2.1 and 3.2.2, ABC may, prior to the Time of Closing, but only after its receipt of all required consents or waivers required to proceed therewith (including from CDPQ pursuant to the CDPQ Credit Agreement and from CIBC pursuant to the credit agreement between the Partnership and CIBC), if any, and the delivery of a copy of all such consents and waivers to the Purchaser:
Notwithstanding Sections 3. 5(a) and (b) below, if any mandatory prepayment occurs during the continuance of a Major Event of Default or results in or causes a Major Event of Default, then the provisions of Section 10.3 shall apply.
Notwithstanding Sections 3. 1 and 3.2, (a) AMAC shall not directly sell the HH Service to any of HEALTH HERO'S customers existing as of the Effective Date for so long as those customers remain customers of HEALTH HERO, or to those parties with whom HEALTH HERO is in discussions regarding the provision of the HH Service as of the Effective Date ("Potential Customers") for a period of six (6) months after the Effective Date (such existing customers and Potential Customers are listed on Exhibit 1 hereto), and (b) AMAC shall not directly sell the PERS BUDDY to any of HEALTH HERO'S customers listed on Exhibit 1 . The JMP shall provide for HEALTH HERO's and AMAC's cooperative marketing of the PERS BUDDY, the PERS Services and the HH Service to such existing customers and Potential Customers. Subject to this Section 3.3, AMAC shall have the right to sell the PERS BUDDY to any person or entity in the United States.
Notwithstanding Sections 3. 1.3 and 3.1.4 hereof, the Sellers may Transfer Restricted Shares as set forth below:
Notwithstanding Sections 3. 5.8 and 3.10.6, an application for judicial review of an order, decision or ruling of the Commission or the Board may be made to the Federal Court by the individual directly affected by the order, decision or ruling within 30 clear days from the date on which the order, decision or ruling was received by that individual, or within any additional time that a judge of the Federal Court may allow.
Notwithstanding Sections 3. 1a. and 3.1b. above and Section 3.2a. hereinafter, an employee may make a written request to the Director of Utilities to work a schedule which is in excess of eight (8) hours in any twenty-four (24) hour period, and/or less than five (5) days per week (Monday through Friday). It is understood that such a request may be granted at the sole discretion of the Director of Utilities and the failure of the Director of Utilities to approve said request shall not be a grievable matter by the employee or the Union. Should the request be granted, it is agreed that the employee shall not be entitled to the overtime rate of pay specified in Section 3.2a. until he/she has worked in excess of forty (40) hours per week.
