OCCURRED. There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 0-000-000-0000 (toll-free) or 0-000-000-0000 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at xxx.xxxx.xxx or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at xxx.xxxx.xxx.
OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Disputes Covered by Arbitration. YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of Your Accounts or our relationship will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice. Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. All disputes are subject to arbitration, no matter what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) they seek. Disputes include any unresolved claims concerning any services relating to Your Accounts. Disputes include not only claims made directly by You, but also made by anyone connected with You or claiming through You, such as a joint account holder, account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy. Disputes include not only claims that relate directly to the Credit Union, but also its affiliates, successors, assignees, officers, directors, employees, and agents, and claims for which We may be directly or indirectly liable, even if We are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. If ...
OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned. Right to Reject this Resolution of Disputes by Arbitration provision. You have the right to opt out of this agreement to arbitrate if you tell us within 30 days of first receiving this notice or first receiving any copy of our Membership Agreement with an Arbitration Provision in it, whichever is sooner. To opt out, send us written notice that you reject the Resolution of Disputes by Arbitration provision, including your name as listed on your account and your account number to the following address: Auburn University Credit Union Post Office Box 1610 Auburn AL 36831- 1610. Otherwise, this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy. The Arbitration Proceeding. The arbitration must be filed with one of the following neutral arbitration forums: American Arbitration Association (“AAA”) or JAMS. For AAA, the arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol in concert with the AAA Consumer Arbitration Rules. For JAMS, the arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures. If there is a conflict between a particular provision of the AAA or JAMS Rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. If JAMS or the AAA is unable or unwilling to handle the claim for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA). The neutral arbitrator selected by the parties or the court shall apply the Federal Rules of Evidence and the Federal Rules of Procedure concerning discovery, except that the above class action waiver is specifically enforceable notwithstanding any Federal Rule of Procedure to the contrary.
OCCURRED. Upon the occurrence of an Event of Default, and in every such event and at any time thereafter, the Agent may declare the Obligations due and payable, without presentment, demand, protest, or any notice of any kind, all of which are hereby expressly waived, anything contained herein or in any of the other Financing Documents to the contrary notwithstanding.
OCCURRED. This Agreement may be executed in one or more counterparts and all such counterparts will constitute one and the same instrument.
OCCURRED. If the Executive shall die before receiving all payments to be made by the Company in accordance with the foregoing, such payments shall be made to a beneficiary designated by the Executive on a form prescribed for such purpose by the Company, or in the absence of such designation to the Executive's legal representative.
OCCURRED. 6.1.1 OUP shall defend, indemnify, and hold the Subscriber harmless against all claims, suits, proceedings, losses, liabilities, and damages (including costs, expenses, and reasonable attorneys' fees) asserted by third parties against the Subscriber (collectively "Claims") which arise out of any act or omission by OUP that constitutes a breach of any of the foregoing warranties.
OCCURRED. Extension Options: Subject to the terms of the Lease, one (1) extension option of five (5) years. To the extent that there are any inconsistencies between the Lease referred to herein and this Notice of Lease, the Lease shall govern. Executed as an instrument under seal this day of , 2007. LANDLORD: NORMANDY LEXINGTON ACQUISITION, LLC, a Delaware limited liability company By: Name: Title: TENANT: IMPRIVATA. INC., a Delaware corporation By: Name: Title: COMMONWEALTH OF MASSACHUSETTS , ss. On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose, as for Normandy Lexington Acquisition, LLC, a Delaware limited liability company. (official signature and seal of notary) My commission expires COMMONWEALTH OF MASSACHUSETTS , ss. On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose, as for Imprivata, Inc., a Delaware corporation. (official signature and seal of notary) My commission expires FIRST AMENDMENT THIS FIRST AMENDMENT (the “Amendment”) is made and entered into effective as of January 14, 2009 (the “Effective Date”) by and between NORMANDY LEXINGTON ACQUISITION, LLC, a Delaware limited liability company (“Landlord”) and IMPRIVATA, INC., a Delaware corporation (“Tenant”). All capitalized terms not defined in this Amendment have the respective meaning as set forth in the Original Lease.
OCCURRED. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. No claim may be made against Begell House, Inc. unless suit is filed thereon within one (1) year after the event giving rise to the claim. Begell House, Inc. shall not be liable for any failure to perform or delay in performance hereunder due to unforeseen circumstances or resulting from a cause over which Begell House, Inc. does not have direct control, including, but not limited to, failure of electrical, mechanical, or telecommunications equipment, transmission error, theft, hacker attacks, or software or equipment incompatibilities. The Subscriber assumes sole responsibility for all access and use of the Begell Digital Library online service and the Online Journals by the Subscriber and by each Authorized User. The Subscriber shall not be liable for unauthorized use or other breach of this License by an Authorized User provided that the Subscriber did not cause, condone, consent to, or knowingly assist in such breach, or, after becoming aware of the occurrence of a breach, failed to take reasonable steps to prevent the continuation of such breach. Subject to the foregoing, the Subscriber shall hold Begell House, Inc. harmless from and against any and all liabilities, damages, judgments, settlements, losses, and expenses (including reasonable attorneys’ fees and expenses, experts’ fees, and court costs for Begell House, Inc.’s defense of indemnified claims) incurred by reason of any claim asserted by third parties against Begell House, Inc. arising out of or resulting from any unauthorized use of the content from Online Journals by the Subscriber or Authorized Users in violation of this License, or any violation of any third-party’s rights by the Subscriber or Authorized Users, including, but not limited to, infringement of copyright.
OCCURRED. T. Borrower fails to obtain surety bonds in the minimum required amount in order to comply with (i) Medicare program requirements or (ii) submit such sure bonds to HCFA and/or the state Medicaid agency on or before the applicable deadline date, and thereafter on an annual basis or as otherwise required by HCFA and/or the proper state Medicare agency, in order the proper state Medicaid agency, in order to avoid termination of Borrowers provider agreements;
