Matter. Rebecca Callahan is being engaged by the undersigned to facilitate a mediation of the disputes underlying those certain civil disputes which are commonly referred to as , (the “Action”). Court, Case No.
Matter. The Firm and Client recognize that the Firm has been retained by Client in connection with: . The Firm represents that it is competent to handle the aforementioned matter. In the event that additional matters are assigned by Client to the Firm, the Firm has the option of either seeking a separate retainer agreement or may apply the terms of this agreement to those matters. For the purpose of applying this retainer the Client should be aware that any requests for additional services communicated to the attorney and/or firm would fall under this agreement at the firms option. Such communications may involve oral, or written communications or may be implied based upon the scope of the matter identified herein. Review of ethical obligations before initiating representation: Attorney has or will conduct a thorough investigation and determined whether the Firm is aware of any direct conflict of interest or any ethical impediment to your representation. In the event of an ethical conflict the firm shall notify the client(s) within a reasonable time following its discovery. The Firm agrees to take all necessary steps to avoid or mitigate any such impediment. Client agrees that in the event a conflict arises that that disclosure would not preclude counsel for seeking payment of fees on those grounds up until the later of the date of discovery or the date in which the Firm determines are necessary to protect the clients legal interests. Moreover, upon agreement in accordance with the rules of ethics counsel may proceed in the representation provided the client(s) agrees in writing. In the event that this retainer agreement is being executed for purposes of litigation the parties agree that the retainer may be limited to handling specific stages of the proceedings only [i.e.: trial and /or arbitration, or appeal]. In the event that the Firm opts to provide representation for only a specific stage the Firm shall notify the Client at the completion of that stage providing additional requirements to cover additional services [typically a new financial retainer requirement to cover certain costs that it deems necessary to properly handle your matter]. This may be addressed at the Firm’s discretion.
Matter. Pledgor hereby represents and warrants that there are no other proxies and powers of attorney with respect to any Article 8 Matter and the Pledged Ownership Interests that Pledgor may have granted or appointed. Pledgor will not give a subsequent proxy or power of attorney or enter into any other voting agreement with respect to the Pledged Ownership Interests with respect to any Article 8 Matter and any attempt to do so with respect to an Article 8 Matter shall be void and of no effect. THE PROXIES AND POWERS GRANTED BY PLEDGOR PURSUANT TO THIS AGREEMENT ARE COUPLED WITH AN INTEREST, ARE GIVEN TO SECURE THE PERFORMANCE OF PLEDGOR’S OBLIGATIONS UNDER THIS AGREEMENT, AND ARE IRREVOCABLE.
Matter. Licensor Local Representation shall provide all support services that are the object of the present Agreement. Licensor Local Representation shall also deliver in writing to Licensee the email address to contact (hereafter “entry point”), before or, at the latest, upon delivery of the License keys necessary to activate the Software Product. The entry point will be staffed by knowledgeable employees capable of providing Licensee with support services for the licensed Software Product and its Documentation. At any time, Licensee can access or request access to Licensor’s web-based customer portal.
Matter. Attorney has been retained by Client in connection with: [description of matter]. Attorney represents that he or she is competent and available to handle that matter. In the event that additional matters are assigned by Client to Attorney, this agreement shall apply to those matters as well.
Matter. If ST asserts that there is a good faith defense to the Action, the Buyer may either (i) permit the Sellers and ST to defend the Action; or (ii) have the right, but not the obligation, to elect to exercise full control of the defense, compromise or settlement ("Control") of any such Action provided that BEI takes such action because (x) there is no legitimate defense or (y) BEI in good faith believes that it is in the best interests of the Company to do so. BEI on behalf of the Buyer or any such other indemnified Person shall not settle or compromise such Action unless (x) ST and the Sellers receive an unconditional release in such compromise or settlement from all Liability in respect of such Action, and (y) such settlement or compromise does not contain any admission of wrongdoing on the part of any of ST and the Sellers. The Buyer shall provide prompt notice of any such Schedule 10.11 Matter to ST and the Sellers and shall have the right to assert control at any time during the pendency of such Action. For purposes of this Agreement, "Schedule 10.11 Matters" are those matters described on Schedule 10.11.
Matter. Soil, dirt, sand or other matter (hereinafter in this paragraph collectively called the “Matter”) excavated by the Lessee during the Term and not used at the site shall be delivered and deposited by the Lessee at its expense to any location at the Airport or to any location off the Airport but within the Port of New York District as may be designated by the Port Authority, subject to and in accordance with the provisions of this Section. The entire proceeds, if any, of the sale or other disposition of the Matter shall belong to the Port Authority. Notwithstanding the foregoing the Port Authority may elect by prior written notice to the Lessee to waive any rights it may have hereunder as to all or portions of the Matter in which event the Lessee at the Lessee’s expense shall dispose of the same without further instruction from the Port Authority, subject to and in accordance with other applicable provisions of this Agreement, including Sections 73(b), if applicable, and 76(t).
Matter. Unless an Event of Default under that certain Mezzanine Loan Agreement, dated of even date herewith, by and between Pledgor and Secured Party, shall have occurred and be continuing, notwithstanding any other provision of this Agreement to the contrary, Pledgor shall be entitled to exercise any and all voting and other consensual rights pertaining to the Pledgor’s Interests or any part thereof for any purpose not inconsistent with the terms of this Agreement.