Omitted Intentionally. 5.2.4 Upon termination of this Agreement, the Service Provider may retain archival copies of records of the Client maintained by the Service Provider as part of the Services (“Client Records”).
Omitted Intentionally. [reserved].
Omitted Intentionally. 6.3.12 The Service Provider shall have no responsibility and shall be without liability for any loss or damage caused by the failure of the Client or Person specified in clause 6.3.5 to provide the Service Provider with any information required by clause 2.
Omitted Intentionally. 2.5 Taxes All fees owed by Customer to Company are exclusive of, and to the extent not otherwise exempt, Customer will be responsible for, all sales, use, excise, Federal Universal Service Fund and other taxes, including NECA tariff increases where applicable, that may be levied upon either Party (except for taxes based on Company’s net income) in connection with this Agreement or on activities conducted using the Services. Each Party shall be solely responsible for all taxes on its own business and shall be responsible for any related tax filings, payment, protest, audit and litigation related thereto.
Omitted Intentionally. 3.3 As soon as reasonably possible, but in no event more than seven (7) days after the Settlement Agreement is executed, Defendant shall provide Plaintiff’s Counsel, subject to the understood designation of such materials as “Confidential” under the protective order addressing confidentiality concerns in this case, (a) in electronic format Defendant’s December 2017 royalty paydeck data, including the payees’ names, last known addresses, tax identification numbers, and royalty decimal interests for Class Xxxxx that were producing and operated by Defendant as of December 2017 (such Settlement Class member information shall be provided using the data within Defendant’s royalty paydeck databases, and Defendant is under no obligation to research, scrutinize or double-check the correctness of that data before providing it to the Settlement Administrator for its use); (b) in electronic format a list of the Class Xxxxx and the name of the person or entity who operates the xxxxx so that the Settlement Administrator (or other consultant retained pursuant to paragraph 1.1) can make reasonable efforts to obtain December 2017 (or most recent available) royalty paydecks that include the payees’ names, last known addresses, tax identification numbers, and royalty decimal interests of Class Members. Defendant will cooperate in obtaining royalty pay decks from third-party operators by sending a letter substantially in the form set forth as Exhibit 7; and, (c) for Class Xxxxx that have been sold, assigned, transferred, or are no longer producing, in electronic format the last known royalty paydeck data, including payees’ names, last known addresses, tax identification numbers, and royalty decimal interests based on electronic payment data reasonably available to Defendant.
Omitted Intentionally. 3.6 No later than seven (7) days prior to the opt-out/objection deadline, and if the Settlement has not been terminated pursuant to this Settlement Agreement, Plaintiff shall move for: (a) final approval of the Settlement pursuant to Federal Rule of Civil Procedure 23(e); (b) entry of the Judgment having the content attached as Exhibit 2, and entered by the Court without modification of any material terms and provisions therein (unless agreed to by both Defendant and Plaintiff); (c) final approval of the Allocation Methodology and Initial Plan of Allocation; and (d) Plaintiff’s Attorneys’ Fees, Litigation Expenses, and/or a Case Contribution Award. After Notice of Settlement is given in the manner directed by the Court, Plaintiff will request the Court to then enter the Judgment, and specifically approving all terms and provisions of this Settlement Agreement, including the Allocation Methodology and Final Plan of Allocation; provided, however, that Defendant will take no position on the Allocation Methodology (or any Plan of Allocation implementing the Allocation Methodology). The Judgment shall have the content attached hereto as Exhibit 2, without modification of any material terms and provisions therein (unless agreed to by both Defendant and Plaintiff).
Omitted Intentionally. 13 Section 3.12. Intellectual Property Litigation...............................13 Section 3.13. Licenses and Permits...........................................13 Section 3.14. Inventories....................................................13 Section 3.15.
Omitted Intentionally. (ii) The Borrower is hereby amended from Lxxxxx and Sons, LLC to Lxxxxx Corporation.
Omitted Intentionally. (iv) Sections 1.31 and 2.4 are deleted in their entirety. Accordingly, the Expiration Date shall be March 20, 2009 and the Maturity Date shall be March 20, 2011.
Omitted Intentionally. (xx) Schedule 1 of the Loan Agreement is deleted in its entirety and Exhibit D attached hereto and made a part hereof is substituted in lieu thereof as the Schedule 1.
