Pursuant to Sub clause (2) hereinabove, the Seller shall have the right to cancel the Contract in the event of an overdue payment beyond 90 days. If the Seller chooses to cancel the Contract, both parties shall perform applicable covenants in the supplementary agreement as Attachment IX of the Contract (the “Supplementary Agreement”).
Pursuant to Sub paragraph 4.1.1 of the Amended and Restated Framework Arrangement, upon receipt of the Contribution from the Donor, the IDB will convert the Contribution installments into U.S. dollars. Pursuant to Sub-paragraphs 4.2.7(i) and 4.2.7(ii) of the Amended and Restated Framework Arrangement, and upon conversion, the IDB will charge: (i) at the time of each installment, an administrative fee of five percent (5%) of each Contribution installment, in order to defray the IDB’s cost of administration; and (ii) at the time of the first installment, a one-time flat fee of thirty-five thousand U.S. dollars (USD35,000.00) to cover the initial costs associated with the establishment of a singledonor DTF. Following the conversion of the Contribution installments into U.S. dollars, the IDB is authorized to transfer the resulting Contribution amounts to a separate Fund account.
Pursuant to Sub sections A, C.1 or C.2 above, the Owner, using the Schedule of hourly rates set forth in Section III if applicable, and within the limitations specified in Section V shall compensate the Contractor for all Services performed prior to the termination date, together with Direct Expenses then due, and such amounts shall immediately become due and payable.
Pursuant to Sub sections C.3 or C.4 above, the Owner shall have any remedy available to it under this Agreement or at law or in equity. Such remedies are cumulative and may be pursued separately, collectively and in any order.
Pursuant to Sub clause 11.1 above, the Buyer shall pay the Authority the storage charges due to the Authority, within thirty (30) days from the date of the Authority’s letter of demand for payment. For avoidance of doubt:
Pursuant to Sub. Section 1(e)(i) of the Agreement, upon the receipt by the Company, and delivery to the Additional Investors, of the Governmental Consents, provided that such receipt and deliver occurs prior to March 15, 2006, the Company shall sell and issue to each Additional Investor, and each Additional Investor shall purchase from the Company, duly authorized, validly issued, and upon payment to the Company of the consideration therefor, fully paid and non assessable securities as set forth in Exhibit B attached hereto, opposite such Additional Investor's name, free of any pre-emptive rights or any other liens, claims, and other encumbrances or restrictions in consideration of the aggregate purchase price set forth in Exhibit B attached hereto, opposite such Additional Investor's name ("SUBSEQUENT SALE"). Each Additional Investor may, at its sole discretion, by executing an instrument in writing to such effect, enter into an arrangement with the Company (in a form to be agreed by the Company and such Additional Investor) pursuant to which the Purchase Price of such Additional Investor will be deposited into an escrow account, until the receipt by the Company, and delivery to the Additional Investors, of the Governmental Consents. Upon the Subsequent Sale, each Additional Investor shall become a party to the Agreement, as amended herein, as an "Additional Investor" and "Buyer", and the Registration Rights Agreement, as amended herein, as amended herein, as a "Buyer". The Schedule of Buyers will be updated with the information contained in the table below. Furthermore, upon the Subsequent Sale, each Additional Investor hereby becomes a party to the Voting Agreement. On the date hereof, the Company shall pay (or, at the Company's election, it may request to be withheld by the Buyers from the payment of its purchase price) the fees and expenses incurred by the Buyers in connection with the negotiation and execution of this Amendment in an amount not to exceed US$3,000 plus VAT.
Pursuant to Sub clauses 6.5 (a) and (b) Professor Xx. Xxxxxxx guarantees personally by way of independent guarantee that the statements set forth in Annex 2 (except for the statement under F (4) 3. Sentence) are true and accurate to the best of his knowledge as of the date of the signing of this Agreement.
Pursuant to Sub. Section 2.1(a)(vii) of the Loan Agreement, the Agent hereby establishes additional reserves in amounts equal to: (i) 50% of past due Receivables collected by NCO Financial Systems, Inc., and (ii) 50% of the proceeds from the sale of any assets.
Pursuant to Sub. Section 2.1.3, McKesson shall obtain a written Sublicense Agreement (the license term of which may be perpetual) with the Customer prior to distribution of the Vital Software to any Customer. The Sublicense Agreement shall be as protective of Vital’s rights and intellectual property as McKesson’s rights and intellectual property. In the event McKesson becomes aware of a breach of a Sublicense Agreement by a McKesson Customer which affects Vital’s rights, It shall use commercially reasonable efforts to enforce the terms of the Sublicense Agreement, using no less efforts that Vital would use to protect its own rights under similar circumstances.
Pursuant to Sub clause of the Master Agreement, all Employees covered by this Agreement are eligible for premium overtime compensation. ARTICLE
