CONDUCT OF. BUSINESS After the date hereof and prior to the Closing, the Company shall, and shall cause each of its Subsidiaries to, (a) conduct its operations only in the usual, regular and ordinary manner substantially consistent with past practices (except as contemplated by this Agreement), and (b) use reasonable efforts to preserve intact the present business organization of the Company, keep available the services of its officers, employees, representatives, agents and consultants and preserve relationships with those persons having business relationships with the Company and its Subsidiaries, and maintain in effect current insurance coverage. Notwithstanding the foregoing, Purchaser and Merger Sub acknowledge and agree that, immediately prior to the Effective Time, the Acquisition Agreement shall be terminated by the parties thereto and shall thereafter be of no further force and effect, and that the Shareholders (as defined in the Acquisition Agreement) shall thereafter have no liability thereunder.
CONDUCT OF. OPERATIONS All decisions concerning methods, the extent, times., procedures, and techniques for any exploration, development, mining leaching, milling, processing, extraction, treatment, and the material to be introduced into the Property or produced therefrom, and all decisions concerning the sale or other disposition of Minerals (including, without limitation, decision as to buyers, times of sale, or whether to store or stockpile Minerals for a reasonable length of time without selling the same) shall be made by Grantee in its sole and make absolute discretion. Grantee shall not be responsible for, nor mining or processing of Minerals conducted pursuant to customary engineering practices, Grantee shall not be required to mine, or to preserve or protect in its mining operations, Minerals which under customary mining practices cannot be mined or shipped at a reasonable profit by Grantee at the time mined.
CONDUCT OF. FRONTEER All sales, production and distribution of the Directories set out on Exhibit "A" shall be (1) continued and completed by Fronteer, (2) completed no later than the last day of the month immediately following the month of publication set out on Exhibit "A," and (3) continued and completed in the same manner as the last published editions of such Directories, including but not limited to, the number of Directories printed and distributed (as set out on Exhibit "A" or, where no number is set out, the number will be the same number of directories as printed and distributed during the immediately preceding calendar year), the distribution area, the pricing, the credit terms, the quality and size of print and paper, and the general production standards. Fronteer shall promptly pay all sales and production expenses for said editions of the Directories and for all prior editions of the Directories. Fronteer shall, at its cost, continue to provide all information, updates, data and telephone lines for audiotex service described in, related to or associated with any of the Directories for one year after the date each of the Directories is published, in the same manner as provided in the prior edition of each such directory. Fronteer will have the right to continue to use the audiotex equipment sold and transferred pursuant to this Agreement at no charge. If McLeod determines, in its sole discretion, that Fronteer has failed to complete all sales, production and distribution of the Directories and provision of all elements of audiotex service, as set out above, McLeod shall have, in addition to any other right it may have, the right to terminate this Agreement, declare this Agreement null and void and receive a full refund of any and all of the purchase price previously paid. Beginning on the date hereof, McLeod shall have the right to conduct an investigation of Fronteer and its telephone directory business as McLeod deems necessary. Fronteer shall cooperate fully with McLeod in such investigation.
CONDUCT OF. Reseller Network and Each CompanySECTION 6.1. Conduct of Reseller Network and Each Company. From the date hereof until the Closing Date, Seller shall cause Reseller Network and each Company to conduct its businesses in the ordinary course consistent with past practice and to use its commercially reasonable efforts to preserve intact its business organizations, relationships with third parties and, except as set forth on Schedule 3.09(k) of the Seller Disclosure Letter, to keep available the services of its present officers and employees. Without limiting the generality of the foregoing, from the date hereof until the Closing Date, Seller will not permit Reseller Network or any Company to:
CONDUCT OF a. All grievances shall be heard by a single arbitrator unless the parties mutually agree to submit a grievance to a three-person arbitration Board.
CONDUCT OF. LESSEE (d) This lease is granted upon the express condition that Lessee and/or the occupants of the premises herein leased, shall not conduct themselves in a manner which the Lessor in his sole opinion may deem improper or objectionable, and that if at any time during the term of this lease or any extension or continuation thereof, Lessee or any occupier of the said premises shall have conducted himself, herself or themselves in a manner which Lessor in his sole opinion deems improper or objectionable, Lessee shall be taken to have broken the covenants and conditions of this lease, and Lessor will be entitled to all of the rights and remedies granted and reserved herein for the Lessee's failure to observe any of the covenants and conditions of this lease.
CONDUCT OF. Business Holdings has no other assets other than (i) the Capital Stock of Company and/or the Intermediate Holding Companies, (ii) as permitted as a result of permitted holding company activity contemplated pursuant to Section 6.11 and (iii) any Sand Purchase Documents to which it is a party. Holdings and its Subsidiaries are engaged only in the businesses permitted to be engaged in pursuant to Section 6.11.