USE OF AGREEMENT. This Agreement, the contents hereof, or the preliminary division of any Shared Costs shall not be admissible evidence in any proceeding without the written consent of all Parties, except as stated in § 9, and except to enforce the terms of this Agreement, to prove the existence of this Agreement or the common interest or joint defense privilege by providing a copy of this Agreement and asserting the common interest or joint defense privilege to a court of competent jurisdiction, or as required by law or court order.
USE OF AGREEMENT. Employee and the Company agree that this Agreement may be used as evidence in a subsequent proceeding in which either of the Parties alleges a breach of this Agreement, notwithstanding the confidentiality provisions above; provided that if this Agreement is filed in a proceeding, it shall be filed under seal consistent with applicable court rules and any testimony regarding this Agreement shall be designated as confidential to the fullest extent permitted by law.
USE OF AGREEMENT. 27. This Settlement Agreement shall not constitute an admission or evidence of any fact, wrongdoing, misconduct, or liability on the part of the United States, including, without limitation, EPA, its officers, or any other person affiliated with it, or an interpretation of any applicable provision of law. ATTORNEYS’ FEES
USE OF AGREEMENT. (A) This Agreement shall apply at the sole discretion of SDC, for commercial productions in theatres of 100-499 seats outside New York City.
USE OF AGREEMENT. Other Contracting Authorities (eg UK Government Departments and other donors of development funding) can make use of the arrangements under this Framework Agreement. SIGNED on behalf of the Parties: For the Supplier: For the Authority: By: ………………………………………… By: ………………………………………… Full Name: ………………………………. Full Name: Xxxx Xxxxxxxxxx Position held on behalf of Supplier: Position held on behalf of Authority: CSSF Lead Commercial Advisor Date: Date: 7 Jan 2019 Section 2 – Conditions of Contract
USE OF AGREEMENT. It is specifically understood that this Release Agreement may be plead as a full and complete defense to, and may be used as the basis for an injunction (inadequate remedy at law being stipulated) against, any action, suit, or other proceeding which may be instituted, prosecuted, or attempted in breach of this Release Agreement, excepting only an action based on an alleged breach of this Release Agreement.
USE OF AGREEMENT. Executive and HGI agree that this Agreement may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of this Agreement, notwithstanding the confidentiality and non-disparagement provisions above.
USE OF AGREEMENT. The Parties agree that the terms and the fact of the existence of this Agreement may be pled as a defense (as applicable) to any suit or other legal proceeding that may be filed or instituted by or on behalf of any party and may not be used in any other proceeding except as necessary to enforce the terms contained herein, unless required by any governmental agency or unit or as otherwise specified herein.
USE OF AGREEMENT. Upon any Change of Control of Qimonda where any of the Prior Entities is an Excluded Entity, each and every Successor Entity from any such Change of Control shall not, and irrevocably waives as a condition to its assumption, or the assignment, of this Agreement the right to raise, rely, enter into evidence, make reference to or otherwise use the terms or the existence of this Agreement to the prejudice of Rambus, whether in support of an affirmative defense, claim, counterclaim or otherwise, in any legal or equitable action, investigation, proceeding, settlement discussions, arbitration, mediation or any other form of dispute resolution, with respect to (i) [***] or (ii) the determination, calculation or basis for [***] or (z) any products [***]. For the avoidance of any doubt, the restrictions set forth in this Section shall apply to any and all Affiliates of each and every Successor Entity. For the avoidance of any doubt, except as expressly set forth above, nothing in this Section 9.4(f) shall be argued, deemed to be or construed as a restriction on the right of Qimonda or any Successor Entity (or any of its Affiliates) to otherwise raise, rely, enter into evidence, make reference to or otherwise use the terms or the existence of this Agreement, whether in support of an affirmative defense, claim, counterclaim or otherwise, in any legal or equitable action, investigation, proceeding, settlement discussions, arbitration, mediation or any other form of dispute resolution, including, without limitation, in order to prove a license defense with respect to any product or activity that is licensed or permitted under this Agreement or the [***].
