Where ▇ Sample Clauses

Where ▇. ▇. ▇▇▇▇▇▇ is Liable to the Customer or the Funds
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Where ▇. ▇. ▇▇▇▇▇▇ IS LIABLE TO THE CUSTOMER OR THE FUNDS
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Where ▇. ▇▇▇▇▇ and PDL Co-Market. For each country in the ROW Territory for which ▇. ▇▇▇▇▇ has elected pursuant to Section 2B.2 to co-market Daclizumab with PDL for a specified Autoimmune Indication, PDL shall notify ▇. ▇▇▇▇▇ within thirty (30) days after receiving the notice under Section 2B.2 from ▇. ▇▇▇▇▇ of whether PDL elects to co-market Daclizumab for that Autoimmune Indication in that country in the ROW Territory. If PDL elects not to exercise such co-marketing rights for that Autoimmune Indication in that country in the ROW Territory, then ▇. ▇▇▇▇▇ shall have the sole right to market and sell Daclizumab for that Autoimmune Indication in that country in the ROW Territory in accordance with Section 2B.6. In each country in the ROW Territory for which PDL has elected to co- market Daclizumab for a specified Autoimmune Indication, (a) PDL and ▇. ▇▇▇▇▇ shall act independently with respect to their own marketing and sales of Daclizumab for that Autoimmune Indication in that country in the ROW Territory, (b) the provisions of Section 2B.4(b) shall apply and (c) PDL shall automatically be granted a nonexclusive license under all Roche Patents, Roche Know-How, PDL Patents and PDL Know-How to the extent required or useful for the purposes of carrying out such PDL marketing and selling activities. ▇. ▇▇▇▇▇ or its Affiliates will supply commercial supplies of Daclizumab to PDL in accordance with Article II-C. Nothing in this Amended and Restated Agreement shall be deemed to require the parties to share or provide any information in contravention of any applicable law, rule or regulation.
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Where ▇. ▇▇▇▇▇▇▇▇ fails to give a written notice pursuant to clause 9(2) of this Agreement then, subject to a Pay Less Notice, ▇. ▇▇▇▇▇▇▇▇ shall pay the Sub-Contractor the amount due pursuant to clause 9(2) or 9(3) as the case may be.
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Where ▇. ▇▇▇▇▇▇▇▇ is requested to provide a collateral warranty for the project, the Sub-Contractor grants that any design documents prepared by themselves for the Sub-Contract Works are the Sub-Contractor's original work and that in any event their use in connection with the Main Contract works by ▇. ▇▇▇▇▇▇▇▇ or any party to the agreements detailed in clause 2.1 above or as may further become connected to the Main Contract works in the form of a collateral warranty provided by ▇. ▇▇▇▇▇▇▇▇ will not infringe the rights of any third party.
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Where ▇. ▇. ▇▇▇▇▇▇ fails to meet any Key Performance Indicator, and not due to any of the circumstances set forth in Sections 7.2 or 7.4, ▇.▇. ▇▇▇▇▇▇ shall pay the Customer a Service Credit if required by Schedule 4 (Key Performance Indicators).
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Where ▇. ▇. ▇▇▇▇▇▇ is Liable to the Trust or the Funds
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Related to Where ▇

  • WHERE▇▇ ▇▇ ▇▇▇ ▇▇▇pective transaction closing dates set forth on Schedule 1 hereto, the Owner sold those certain mortgage loans in each Trust identified on Schedule 2 attached hereto (the "Specified Mortgage Loans") to the related Trust, each of which was formed pursuant to the related pooling and servicing agreement described on Schedule 1 attached hereto (in each case, the "Pooling and Servicing Agreement");

  • As Is, Where Is IT IS THE EXPLICIT INTENT OF EACH PARTY THAT THE MEMBERSHIP INTERESTS BEING ASSIGNED, TRANSFERRED, DELIVERED, CONTRIBUTED AND CONVEYED BY LINN PURSUANT TO THIS AGREEMENT ARE BEING SO ASSIGNED, TRANSFERRED, DELIVERED, CONTRIBUTED AND CONVEYED “AS IS, WHERE IS,” WITH ALL FAULTS, AND THAT LINN IS MAKING NO REPRESENTATION, WARRANTY OR COVENANT WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION: (A) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; OR (C) ANY OTHER IMPLIED WARRANTY OR REPRESENTATION OF ANY NATURE) REGARDING, RELATING TO OTHERWISE WITH RESPECT TO, THE MEMBERSHIP INTERESTS AND HEREBY EXPRESSLY DISCLAIMS AND NEGATES ANY SUCH REPRESENTATION, WARRANTY OR COVENANT. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED IN THIS SECTION ARE “CONSPICUOUS” DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER.

  • Where the Academy Trust acquires assets for a nil consideration or at an under value it shall be treated for the purpose of this Agreement as having incurred expenditure equal to the market value of those assets at the time that they were acquired. This provision shall not apply to assets transferred to the Academy Trust at nil or nominal consideration and which were previously used for the purposes of an Academy and/or were transferred from an LA, the value of which assets shall be disregarded.

  • WHEREFORE the parties have executed this Agreement on the date and year first above written.

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