shall apply. In the event that this occurs, the Hospital is under no obligation to reinstate the previously scheduled shifts and the nurse will not be entitled to exercise bumping rights nor shall she/he be allowed to displace another nurse from his /her approved vacation.
shall apply. DISCLAIMER OF WARRANTIES for the Software: Subject to subsection “10.1.1” of this Agreement, the liability in connection with the Software is excluded except for intent or gross negligence. A claim for damages arising from a legal defect or a defect in the Software is only permissible if BABY AUDIO fraudulently conceals such defect. Subject to any statutory claims the Licensee may have under law (which shall not be affected), BABY AUDIO is not obliged to provide any additional technical support to users of the Software.
shall apply. 10.1.1. BABY AUDIO shall only be liable without restriction according to the statutory provisions for damages of the Licensee caused by intentional or gross negligent conduct of BABY AUDIO or its agents. The same applies to personal injury and damages according to applicable law.
shall apply. Upon demand of any party hereto, whether made before or after institution of any judicial proceeding, any dispute, claim or controversy arising out of, connected with or relating to this Loan Agreement, the Notes and any other Loan Documents ("Disputes") between or among the parties, shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims concerning any aspect of the past, present or future relationships arising out of or connected with the Loan Documents. Arbitration shall be conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association (the "AAA") and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in Charlotte, North Carolina. The expedited procedures set forth in Rule 51 et seq. of the Arbitration Rules shall be applicable to claims of less than $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgment upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted. The arbitrators shall be appointed as provided in the Arbitration Rules. Notwithstanding the preceding binding arbitration provisions, the Lenders, the Agent and the Borrower preserve, without diminution, certain remedies that any party may employ or exercise freely, either alone, in conjunction with or during a Dispute. Any party hereto shall have the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, including a proceeding to confirm the sale, (ii) all rights of self help including peaceful occupation of real property and collection of rents, set off and peaceful possession of personal property, ...
shall apply. 3.2.2. With respect to all Accounts purchased during the period from the first purchase of Accounts until the end of the month of purchase, and for the following full calendar month, the Administrative Fee Percent in the row designated as the Starting Tier in any fee table found in Exhibit A to the Factoring Master Agreement or otherwise incorporated into the Factoring Master Agreement.
shall apply. If Purchaser shall reject the Satellite as a Total Loss hereunder, and Contractor disputes such rejection, rejection shall be deemed to have occurred with respect to such Satellite pending resolution of such dispute pursuant to Article 25. Should Purchaser's rejection be sustained pursuant to Article 25, the provisions of Article 10.4 shall apply to such Satellite. If such rejection is not sustained, Purchaser shall promptly pay to Contractor all amounts that should have been paid to Contractor if the Satellite was Accepted, plus interest in accordance with Article 5.3 at the rate of LIBOR + 2% per annum. Contractor may elect to conduct the IOT eclipse test set forth in the Program Test Plan with respect to a Satellite during the first eclipse season after IOT is otherwise completed. In such case, Satellite Acceptance or rejection for such Satellite shall occur on the basis of IOT results excluding the IOT eclipse test. For a Satellite that is accepted pursuant to Article 10.1 on the basis of IOT results excluding the IOT eclipse test, the results of the later IOT eclipse test will be provided to Purchaser for Satellite performance characterization and insurance purposes only and shall in no way affect Acceptance of such Satellite.
shall apply. (a) Bank will make advances (referred to herein as the "Revolving Advances") not exceeding (i) the lesser of (A) the Committed Revolving Line or (B) the Borrowing Base. Amounts borrowed under this Section may be repaid and reborrowed during the term of this Agreement.
shall apply. IT IS THE DESIRE AND INTENTION OF THE PARTIES TO AGREE UPON A MECHANISM AND PROCEDURE UNDER WHICH CONTROVERSIES AND DISPUTES ARISING OUT OF THIS LEASE OR RELATED TO THE PREMISES WILL BE RESOLVED IN A PROMPT AND EXPEDITIOUS MANNER. ACCORDINGLY, EXCEPT WITH RESPECT TO ACTIONS FOR UNLAWFUL OR FORCIBLE DETAINER OR WITH RESPECT TO THE PREJUDGMENT REMEDY OF ATTACHMENT, ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY HERETO AGAINST THE OTHER (AND/OR AGAINST ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBSIDIARY OR AFFILIATED ENTITIES) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, TENANT’S USE OR OCCUPANCY OF THE PREMISES AND/OR ANY CLAIM OF INJURY OR DAMAGE, SHALL BE HEARD AND RESOLVED BY A REFEREE UNDER THE PROVISIONS OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, SECTIONS 638 – 645.1, INCLUSIVE (AS SAME MAY BE AMENDED, OR ANY SUCCESSOR STATUTE(S) THERETO) (THE “REFEREE SECTIONS”). ANY FEE TO INITIATE THE JUDICIAL REFERENCE PROCEEDINGS SHALL BE PAID BY THE PARTY INITIATING SUCH PROCEDURE; PROVIDED HOWEVER, THAT THE COSTS AND FEES, INCLUDING ANY INITIATION FEE, OF SUCH PROCEEDING SHALL ULTIMATELY BE BORNE IN ACCORDANCE WITH SECTION 14.6
shall apply. 7.1 Franchisee shall provide a training program to its own personnel. Except as otherwise provided in this Section 7, within sixty (60) days before the Bakery opens for business, the manager and two bakers designated by Franchisee together with the individual who shall be responsible for the operations of all Bakeries operated by Franchisee (the "Operator"), shall attend and complete the training program conducted by Franchisee, unless such individuals previously completed training to Franchisor's satisfaction. The content and administration of Franchisee's training program must be at least equal to those of Franchisor's training program and must be approved in advance by Franchisor. Franchisor will provide Franchisee with the materials and, to the extent Franchisee deems its necessary or appropriate, assistance in designing and developing Franchisee's own training program. Franchisor shall have the right to review Franchisee's training program periodically to ensure its quality and to verify that managers, and bakers are being trained in a timely and satisfactory manner. Franchisor shall notify Franchisee of any deficiencies in the training program. Franchisee shall promptly cure such deficiencies. If Franchisee fails to cure such deficiencies within a reasonable time, Franchisor may require all Operators, Bakery managers and bakers to attend training conducted by Franchisor at Franchisee's expense, until such time as the deficiencies in Franchisee's program have been corrected to Franchisor's satisfaction.
shall apply. ARTICLE XV. Shall apply and add “In the spirit of professionalism and conforming with guidelines for other groups covered in this contract, PT/OT are expected to give 30 days notice when terminating employment or be subject to a one week salary fine.”
