Notwithstanding Subsections. 12.1 and 12.2 hereof, the provisions of the Corporation's stock option plan, the Parties agree that upon termination of the Executive pursuant to Sections 9.1, 10.2, 11.1 or 11.2 hereof, the provisions of the applicable stock option agreement supersede and shall govern in the event of any conflict with the terms of this Agreement.
Notwithstanding Subsections. 12.2 and 12.3 above, neither party will be liable for and each party will hold the other party harmless from any liability for incidental, indirect, special or consequential damages sustained by the other party, including those arising from or measured by lost revenues or profits under its contracts with third parties, even if the other party has been advised of such damages.
Notwithstanding Subsections. 3.1(a) and 3.1(b) above, and Section 3.4 below, upon a Change of Control, all Option installments not yet exercisable shall become immediately exercisable; provided, however, that if all or a portion of the Option installments which otherwise would become exercisable pursuant to this Subsection 3.1(c) is determined by the Committee to constitute, when exercised, a "parachute payment" as defined by Section 280G of the Internal Revenue Code of 1986, as amended (the "Code"), such Option installments or portion thereof shall not become exercisable upon the Change of Control. In making this determination pursuant to the preceding sentence the Committee shall first take into account any payments to the Employee contingent on a change in the ownership or control of the Company or its assets (as provided in said Section 280G) under any other agreement or arrangement between the Company and Employee, exclusive of any agreement which is not subject to Section 280G because of Section 67(e) of the Tax Reform Act of 1984. Subsection 3.1(c) shall be final and binding upon Employee.
Notwithstanding Subsections. 20.1 and 20.2, neither Party is precluded from seeking from a court of competent jurisdiction interim relief, including injunctive relief, when the subject matter of the Dispute may permit.
Notwithstanding Subsections. 5.1(1) or 5.1(2) above, any Amendment agreed to in writing by AMB and RH prior to the Effective Time that:
Notwithstanding Subsections. 12.2 and 12.3 hereof, the provisions of the Corporation's stock option plan, the provisions of any stock option agreement entered into between the Corporation (including a Related Corporation) and the Executive, and the provisions of any other incentive plan of the Corporation in effect at the time, the Parties agree that upon termination of the Executive pursuant to Sections 9.1, 10.2, 11.1 or 11.2 hereof, the applicable vested stock options and other incentive interests may be exercised by the Executive until the earlier of (i) the original date of expiry of the stock options and other incentive interests, as the case may be; and (ii) two years after the Termination Date. All stock options and other incentive interests which remain unexercised after this time period shall terminate, be null and void and of no further force and effect notwithstanding the terms of the relevant agreement, stock option plan or other incentive plans of the Corporation in effect at the time, as applicable.
Notwithstanding Subsections. 4.4(a) and (b) of this Agreement, the Executive may resign from employment immediately and thereupon will be entitled to the payments and benefits set out in Section 4.3 of this Agreement if:
Notwithstanding Subsections. 16.1 and 16.2, Lessor agrees that it will not require Lessee to provide its financial statements to Lessor or any third party so long as Guarantor is the guarantor of the Lessee's obligations under the Lease Agreement and it provides its financial statements.
