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No Employment Contract. Nothing contained in this Notice shall confer upon Grantee any right with respect to continuance of employment by the Company and its subsidiaries, nor limit or affect in any manner the right of the Company and its subsidiaries to terminate Grantee’s employment or adjust Grantee’s compensation.

No Employment Contract. Nothing contained in the Plan will # confer upon a Participant any right to be employed by or remain employed by the Company or any Affiliate, or # limit or affect in any manner the right of the Company or any Affiliate to terminate the employment or adjust the compensation of a Participant.

No Implied Contract. Nothing contained in this Agreement shall be construed to impose any obligation on the Company or you to renew this Agreement or any portion hereof or on the Company to establish or maintain any benefit, welfare or compensation plan or program or to prevent the modification or termination of any benefit, welfare or compensation plan or program or any action or inaction with respect to any such benefit, welfare or compensation plan or program. The parties intend to be bound only upon full execution of a written agreement by both parties and no negotiation, exchange of draft, partial performance or tender of an agreement (including any extension or renewal of this Agreement) executed by one party shall be deemed to imply an agreement or the renewal or extension of any agreement relating to your employment with the Company. Neither the continuation of employment nor any other conduct shall be deemed to imply a continuing agreement upon the expiration of the Contract Period.

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Authorization and Contract. By executing the NewYou Brand Partner Agreement (“Agreement”), you apply for legal authorization to become a NewYou business owner and enter into contract with NewYou, LLC, hereinafter “NewYou.” You acknowledge that prior to signing you have received, read and understood the NewYou Income Disclosure Statement, that you have read and understood the NewYou Policies and Procedures, which are incorporated into this Agreement and made part of it as if restated in full, as posted on http://newyoupro.com/new/, and that you have read and agree to all terms set forth in this Agreement. NewYou reserves the right to reject any application for any reason within thirty (30) days of receipt.

Term of Contract. This contract supersedes any and all previous power contracts between WKRECC and Customer and shall become effective as of the date on which the power services to be provided hereunder are turned on, and shall continue in effect for an initial term of five years. Following the initial term of five years, Customer shall have 90 days, which shall be subject to the terms contained herin [Section 2] through [Section 14] of this contract, to submit written notification, should they not wish to enter into a renewal contract. Failure to submit such written notification to WKRECC shall result in automatic renewal for a period of five years thereafter. Any such contract, initial or renewal, for service may provide for termination upon not less than 16 months' written notice. In the event that Customer terminates this contract prior to the completion of this contract's term, previously described herin, the Customer will be subject to charges outlined in the section "Minimum Bill" of WKRECC's General Power Rate, MSD.

Eligible Contract Participant. It is an “eligible contract participant”, as defined in the U.S. Commodity Exchange Act (as amended), and is entering into each Transaction hereunder as principal (and not as agent or in any other capacity, fiduciary or otherwise) and not for the benefit of any third party.

Since the date of its incorporation, none of the Material Customers (as hereinafter defined) of has notified any of or the of their intent to terminate their business with business because of any dissatisfaction on the part of any such person or entity. The Transactions have not caused any of the Material Customers of to terminate or provide notice of their intent or threaten to terminate their business with or to notify or the of their intent not to continue to do such business with after the Closing. As used herein, “Material Customers” means those customers from whom derives annual revenues in excess of US .

Material Breach. Subject to [Section 3.2.3], either Party may terminate this Agreement for cause at any time during the Term by giving written notice to the other Party in the event that such other Party commits a material breach of its obligations under this Agreement and such material breach remains uncured for ninety (90) days from the date of such notice; provided, however, that if any breach is not reasonably curable within ninety (90) days and if the breaching Party is making a bona fide effort to cure such breach, such termination shall be delayed for a time period to be agreed by both Parties in order to permit the breaching Party a reasonable period of time to cure such breach.

Material Contracts. [Schedule 5.27] sets forth all Material Contracts of the Loan Parties. All Material Contracts are in full force and effect and no material defaults currently exist thereunder.

Promptly notify in writing upon the occurrence of # any Event of Default or Default; # any event of default under any Junior Lien Debt; # any event, development or circumstance whereby any financial statements or other reports furnished to fail in any material respect to present fairly, in accordance with GAAP consistently applied, the financial condition or operating results of any Loan Party as of the date of such statements; # any accumulated retirement plan funding deficiency which, if such deficiency continued for two plan years and was not corrected as provided in Section 4971 of the Code, could subject any Loan Party to a tax imposed by Section 4971 of the Code; # other than the commencement of the Cases, each and every default by any Loan Party which might result in the acceleration of the maturity of any Indebtedness with a principal amount in excess of , including the names and addresses of the holders of such Indebtedness with respect to which there is a default existing or with respect to which the maturity has been or could be accelerated, and the outstanding amount of such Indebtedness; # any Loan Party entering into, terminating (other than pursuant to its terms), or materially amending any Material Contract, which notice shall summarize the material terms of such Material Contract or material amendment to such Material Contract, and upon the request of the , the Loan Parties shall provide such Material Contract to the , and # any other development in the business or affairs of any Loan Party, which could reasonably be expected to have a Material Adverse Effect; in each case describing the nature thereof and the action Loan Parties propose to take with respect thereto.

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