Grouped Into 2,743 Collections of Similar Clauses From Business Contracts
This page contains Notices clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Notices. Any notice or other communication in respect of this Agreement may be given in any manner described below (except that a notice or other communication under Section 5 or 6 may not be given by electronic messaging system or e-mail) to the address or number or in accordance with the electronic messaging system or e-mail details provided (see the Schedule) and will be deemed effective as indicated:— (i) if in writing and delivered in person or by courier, on the date it is delivered; (ii) if sent... by telex, on the date the recipient's answerback is received; (iii) if sent by facsimile transmission, on the date it is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender's facsimile machine); (iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date it is delivered or its delivery is attempted; (v) if sent by electronic messaging system, on the date it is received; or (vi) if sent by e-mail, on the date it is delivered, unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a Local Business Day or that communication is delivered (or attempted) or received, as applicable, after the close of business on a Local Business Day, in which case that communication will be deemed given and effective on the first following day that is a Local Business Day. (b) Change of Details. Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system or e-mail details at which notices or other communications are to be given to it. 19 ISDA® 2002 13. Governing Law and Jurisdiction (a) Governing Law. This Agreement will be governed by and construed in accordance with the law specified in the Schedule. (b) Jurisdiction. With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with this Agreement ("Proceedings"), each party irrevocably:— (i) submits:— (1) if this Agreement is expressed to be governed by English law, to (A) the non-exclusive jurisdiction of the English courts if the Proceedings do not involve a Convention Court and (B) the exclusive jurisdiction of the English courts if the Proceedings do involve a Convention Court; or (2) if this Agreement is expressed to be governed by the laws of the State of New York, to the non-exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in New York City; (ii) waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court, waives any claim that such Proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such Proceedings, that such court does not have any jurisdiction over such party; and (iii) agrees, to the extent permitted by applicable law, that the bringing of Proceedings in any one or more jurisdictions will not preclude the bringing of Proceedings in any other jurisdiction. (c) Service of Process. Each party irrevocably appoints the Process Agent, if any, specified opposite its name in the Schedule to receive, for it and on its behalf, service of process in any Proceedings. If for any reason any party's Process Agent is unable to act as such, such party will promptly notify the other party and within 30 days appoint a substitute process agent acceptable to the other party. The parties irrevocably consent to service of process given in the manner provided for notices in Section 12(a)(i), 12(a)(iii) or 12(a)(iv). Nothing in this Agreement will affect the right of either party to serve process in any other manner permitted by applicable law. (d) Waiver of Immunities. Each party irrevocably waives, to the extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (i) suit, (ii) jurisdiction of any court, (iii) relief by way of injunction or order for specific performance or recovery of property, (iv) attachment of its assets (whether before or after judgment) and (v) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any Proceedings in the courts of any jurisdiction and irrevocably agrees, to the extent permitted by applicable law, that it will not claim any such immunity in any Proceedings.View More
Notices. Any notice or other communication in respect of this Agreement may be given in any manner described set forth below (except that a notice or other communication under Section 5 or 6 may not be given by facsimile transmission or electronic messaging system or e-mail) system) to the address or number or in accordance with the electronic messaging system or e-mail details provided (see the Schedule) and will be deemed effective as indicated:— (i) if indicated: (i)if in writing and delivered in... person or by courier, on the date it is delivered; (ii) if (ii)if sent by telex, on the date the recipient's answerback is received; (iii) if (iii)if sent by facsimile transmission, on the date it that transmission is received by a responsible employee of the recipient in legible form (it being agreed that the burden of proving receipt will be on the sender and will not be met by a transmission report generated by the sender's facsimile machine); (iv) if (iv)if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt requested), on the date it that mail is delivered or its delivery is attempted; (v) if or (v)if sent by electronic messaging system, on the date it that electronic message is received; or (vi) if sent by e-mail, on the date it is delivered, received, unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a Local Business Day or that communication is delivered (or attempted) or received, as applicable, after the close of business on a Local Business Day, in which case that communication will shall be deemed given and effective on the first following day that is a Local Business Day. (b) Change (b)Change of Details. Addresses. Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system or e-mail details at which notices or other communications are to be given to it. 19 ISDA® 2002 13ISDA® 1992 DB1/ 97256719.3 13. Governing Law and Jurisdiction (a) Governing (a)Governing Law. This Agreement will be governed by and construed in accordance with the law specified in the Schedule. (b) Jurisdiction. (b)Jurisdiction. With respect to any suit, action or proceedings relating to any dispute arising out of or in connection with this Agreement ("Proceedings"), each party irrevocably:— (i) submits:— (1) irrevocably: (i)submits to the jurisdiction of the English courts, if this Agreement is expressed to be governed by English law, to (A) the non-exclusive jurisdiction of the English courts if the Proceedings do not involve a Convention Court and (B) the exclusive jurisdiction of the English courts if the Proceedings do involve a Convention Court; or (2) if this Agreement is expressed to be governed by the laws of the State of New York, to the non-exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in New York City; (ii) waives City, if this Agreement is expressed to be governed by the laws of the State of New York; and (ii)waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court, waives any claim that such Proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such Proceedings, that such court does not have any jurisdiction over such party; party. Nothing in this Agreement precludes either party from bringing Proceedings in any other jurisdiction (outside, if this Agreement is expressed to be governed by English law, the Contracting States, as defined in Section 1(3) of the Civil Jurisdiction and (iii) agrees, to Judgments Act 1982 or any modification, extension or re-enactment thereof for the extent permitted by applicable law, that time being in force) nor will the bringing of Proceedings in any one or more jurisdictions will not preclude the bringing of Proceedings in any other jurisdiction. (c) Service (c)Service of Process. Each party irrevocably appoints the Process Agent, if any, Agent (if any) specified opposite its name in the Schedule to receive, for it and on its behalf, service of process in any Proceedings. If for any reason any party's Process Agent is unable to act as such, such party will promptly notify the other party and within 30 days appoint a substitute process agent acceptable to the other party. The parties irrevocably consent to service of process given in the manner provided for notices in Section 12(a)(i), 12(a)(iii) or 12(a)(iv). 12. Nothing in this Agreement will affect the right of either party to serve process in any other manner permitted by applicable law. (d) Waiver (d)Waiver of Immunities. Each party irrevocably waives, to the fullest extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (i) suit, (ii) jurisdiction of any court, (iii) relief by way of injunction or injunction, order for specific performance or for recovery of property, (iv) attachment of its assets (whether before or after judgment) and (v) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any Proceedings in the courts of any jurisdiction and irrevocably agrees, to the extent permitted by applicable law, that it will not claim any such immunity in any Proceedings. View More
Notices. All notices and other communications in connection with this Agreement shall be made in writing and delivered by hand, recognized overnight delivery service or by certified or registered mail, postage prepaid, with return receipt requested: If to Pledgee: c/o BRG Manager, LLC 712 Fifth Avenue, 9th Floor New York, NY 10019 Attn: R. Ramin Kamfar If to Pledgor: c/o BR SOIF II Manager, LLC 712 Fifth Avenue, 9th Floor New York, NY 10019 Attn: Jordan B. Ruddy 22. Amendments and Waivers. No amendment... or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the Pledgee and the Pledgor.View More
Notices. All notices and other communications in connection with this Agreement shall be made in writing and delivered by hand, recognized overnight delivery service or by certified or registered mail, postage prepaid, with return receipt requested: If to Pledgee: c/o BRG Manager, LLC 712 Fifth Avenue, 9th Floor New York, NY 10019 Attn: R. Ramin Kamfar If to Pledgor: c/o BR SOIF II Manager, LLC Bluerock Real Estate 712 Fifth Avenue, 9th Floor New York, NY 10019 Attn: Jordan B. Ruddy 22. Amendments and... Waivers. No amendment or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the Pledgee and the Pledgor. View More
Notices. Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered only when actually received by the Company or the Grantee, as the case may be, at the addresses set forth below (or at such other addresses as they have theretofore specified by written notice delivered in accordance herewith): (i) Notice to the Company shall be sent by mail, return receipt requested, or by recognized overnight courier addressed and delivered as follows: Arcosa,... Inc., 500 N. Akard St., Suite 400, Dallas, TX 75201, Attention: Executive Compensation Manager, with a copy to Attention: Chief Legal Officer. (ii) Notice to the Grantee shall be sent electronically to the Grantee's Company e-mail address or, in hard copy addressed and delivered to the Grantee's address then on file with the Company.View More
Notices. Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered only when actually received by the Company or the Grantee, as the case may be, at the addresses set forth below (or at such other addresses as they have theretofore specified by written notice delivered in accordance herewith): (i) Notice (i)Notice to the Company shall be sent by mail, return receipt requested, or by recognized overnight courier addressed and delivered as follows:... Arcosa, Inc., 500 N. Akard St., Suite 400, Dallas, TX 75201, Attention: Executive Compensation Manager, Sr. Director – Total Rewards, with a copy to Attention: Chief Legal Officer. (ii) Notice (ii)Notice to the Grantee shall be sent electronically to the Grantee's Company e-mail address or, in hard copy addressed and delivered to the Grantee's address then on file with the Company. View More
Notices. All notices and other communications in connection with this Agreement will be in writing and will be deemed given (and will be deemed to have been duly given upon receipt) if delivered personally, sent via electronic transmission or facsimile (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) to the parties at the following addresses (or at such other address for a party as will be specified by like... notice): (a) If to the Company: Trinity Place Holdings Inc. 340 Madison Avenue, Suite 3C New York, New York 10173 Attention: Chief Executive Officer and Chief Financial Officer Fax: (212) 235-2190 Email: matt.messinger@tphs.com and steven.kahn@tphs.com 18 with a copy (which shall not constitute notice) to: Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, NY 10036 Attention: John Bessonette Fax: (212) 715-8044 Email: jbessonette@kramerlevin.com (b) If to the Investors: To the names and address on Schedule A.View More
Notices. All notices and other communications in connection with this Agreement will be in writing and will be deemed given (and will be deemed to have been duly given upon receipt) if delivered personally, sent via electronic transmission or facsimile (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) to the parties at the following addresses (or at such other address for a party as will be specified by like... notice): (a) If to the Company: Trinity Place Holdings Inc. 340 Madison 717 Fifth Avenue, Suite 3C 1303 New York, New York 10173 10022 Attention: Chief Executive Officer and Chief Financial Officer Fax: (212) 235-2190 235-2199 Email: matt.messinger@tphs.com and steven.kahn@tphs.com 18 with a copy (which shall not constitute notice) to: Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, NY 10036 Attention: John Bessonette Fax: (212) 715-8044 Email: jbessonette@kramerlevin.com (b) If to the Investors: To the names and address on Schedule A. View More
Notices. All notices, demands or requests required to be made or delivered under this Agreement shall be effective upon actual receipt and shall be made either by electronic mail (email) copy or in writing and delivered personally or by registered or certified mail or expedited courier, return receipt requested, postage prepaid, to the addresses below or to such other addresses as may be designated by the party entitled to receive the same by notice similarly given: If to CMF or to the Partnership:... Ceres Managed Futures LLC 522 Fifth Avenue New York, New York 10036 Attention: Patrick Egan Email: Patrick.Egan@morganstanley.com If to the Advisor: International Standard Asset Management 802 West Bay Road P.O. Box 30599 Grand Cayman, KY1-1203 Attention: Jessica Anderson Email: cayman@isamfunds.com ISAM (USA) LLC 5100 Town Centre Circle, Suite 430 Boca Raton, FL 33486 Attention: Alex Greyserman Email: alex.greyserman@isam.com ISAM (Europe) LLP 55 Baker Street London, W1U 8EW Attention: Neill Burger Email: neill.burger@isam.com 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.View More
Notices. All notices, demands or requests required to be made or delivered under this Agreement shall be effective upon actual receipt and shall be made either by electronic mail (email) copy or in writing and delivered personally or by registered or certified mail or expedited courier, return receipt requested, postage prepaid, to the addresses below or to such other addresses as may be designated by the party entitled to receive the same by notice similarly given: 14 If to CMF or to the Partnership:... Ceres Managed Futures LLC 522 Fifth Avenue New York, New York 10036 Attention: Patrick Egan Email: Patrick.Egan@morganstanley.com If to the Advisor: International Standard Asset Management 802 West Bay Road P.O. Box 30599 Grand Cayman, KY1-1203 Attention: Jessica Anderson Email: cayman@isamfunds.com ISAM (USA) LLC 5100 Town Centre Circle, Suite 430 Boca Raton, FL 33486 Attention: Alex Greyserman Email: alex.greyserman@isam.com ISAM (Europe) LLP Funds (UK) Limited 55 Baker Street London, W1U 8EW Attention: Neill Burger Email: neill.burger@isam.com operations@isam.com 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. View More
Notices. All notices, demands, requests, or other communications which may be or are required to be given or made by any party to any other party pursuant to this Agreement shall be in writing and shall be hand delivered, mailed by first-class registered or certified mail, return receipt requested, postage prepaid, delivered by overnight air courier, addressed as follows: (i) If to AFG or AAC, to both: Ambac Financial Group, Inc.One State Street PlazaNew York, New York 10004Attn: General Counsel... AndAmbac Assurance CorporationOne State Street PlazaNew York, New York 10004Attn: General Counsel (ii) If to the Executive:David TrickAddress last shown on the Company's records Each party may designate by notice in writing a new address to which any notice, demand, request or communication may thereafter be so given, served or sent. Each notice, demand, request, or communication that shall be given or made in the manner described above shall be deemed sufficiently given or made for all purposes at such time as it is delivered to the addressee (with the return receipt, the delivery receipt, or the affidavit of messenger being deemed conclusive but not exclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation.View More
Notices. All notices, demands, requests, or other communications which may be or are required to be given or made by any party to any other party pursuant to this Agreement shall be in writing and shall be hand delivered, mailed by first-class registered or certified mail, return receipt requested, postage prepaid, delivered by overnight air courier, addressed as follows: (i) If to AFG Parent or AAC, the Company, to both: Ambac Financial Group, Inc.One State Street PlazaNew York, New York 10004Attn: 10004 16 Attn: General Counsel AndAmbac Counseland Ambac Assurance CorporationOne State Street PlazaNew York, New York 10004Attn: General Counsel (ii) If to the Executive:David TrickAddress Executive: Diana AdamsAddress last shown on the Company's records Employer's Records Each party may designate by notice in writing a new address to which any notice, demand, request or communication may thereafter be so given, served or sent. Each notice, demand, request, or communication that shall be given or made in the manner described above shall be deemed sufficiently given or made for all purposes at such time as it is delivered to the addressee (with the return receipt, the delivery receipt, confirmation of facsimile transmission or the affidavit of messenger being deemed conclusive but not exclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation.
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Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be personally delivered, delivered by facsimile or courier service, or mailed, certified with first class postage prepaid to the address specified by the person who is to receive the same. Each such notice, request, demand, or other communication hereunder shall be deemed to have been given (whether actually received or not) on the date of actual delivery thereof, if personally delivered or... delivered by facsimile transmission (if receipt is confirmed at the time of such transmission by telephone or facsimile-machine-generated confirmation), or on the third day following the date of mailing, if mailed in accordance with this Section, or on the day specified for delivery to the courier service (if such day is one on which the courier service will give normal assurances that such specified delivery will be made). Any notice, request, demand, or other communication given otherwise than in accordance with this Section shall be deemed to have been given on the date actually received. Each such notice, request, demand, or other communication hereunder shall be addressed, in the case of the Company, to the Company's Secretary at Sparta Commercial Services, Inc. 555 Fifth Avenue, 14th Floor, New York, NY 10017, or if the Company should move its principal office, to such principal office, and, in the case of the Optionee, to the Optionee' s last permanent address as shown on the Company's records, subject to the right of either party to designate some other address at any time hereafter in a notice satisfying the requirements of this Section. Any person entitled to any notice, request, demand, or other communication hereunder may waive the notice, request, demand, or other communication.View More
Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be personally delivered, delivered by facsimile or courier service, or mailed, certified with first class postage prepaid to the address specified by the person who is to receive the same. Each such notice, request, demand, or other communication hereunder shall be deemed to have been given (whether actually received or not) on the date of actual delivery thereof, if personally delivered or... delivered by facsimile transmission (if receipt is confirmed at the time of such transmission by telephone or facsimile-machine-generated confirmation), or on the third day following the date of mailing, if mailed in accordance with this Section, or on the day specified for delivery to the courier service (if such day is one on which the courier service will give normal assurances that such specified delivery will be made). Any notice, request, demand, or other communication given otherwise than in accordance with this Section shall be deemed to have been given on the date actually received. Each such notice, request, demand, or other communication hereunder shall be addressed, in the case of the Company, to the Company's Secretary at Sparta Commercial Services, Inc. 555 Fifth Avenue, 14th Floor, New York, NY 10017, AudioEye, Inc., 5210 E. Williams Circle, Suite 750 Tucson, Arizona 85711, or if the Company should move its principal office, to such principal office, and, in the case of the Optionee, to the Optionee' s Optionee's last permanent address as shown on the Company's records, subject to the right of either party to designate some other address at any time hereafter in a notice satisfying the requirements of this Section. Any person entitled to any notice, request, demand, or other communication hereunder may waive the notice, request, demand, or other communication. View More
Notices. All notices, requests, demands, instructions and other documents required or permitted by this Note shall be personally delivered or couriered, or sent by other means of written telecommunication, or mailed, certified or registered mail, return receipt requested, to the following addresses (or such other address to which a party has been notified in accordance with this provision): If to Lender: Skywords Family Foundation Inc. 1621 Juanita Lane Tiburon, CA 94920 Attn: Michael A. Davis Email:... michael@arlendavis.org With a copy to: Morrison & Foerster LLP 425 Market Street San Francisco, CA 94105 Attn: Jackie Liu Email: jliu@mofo.com If to Borrower: Cyanotech Corporation 73-4460 Queen Kaahumanu Hwy., #102 Kailua-Kona, HI 96740 Attn: Brian Orlopp Email: borlopp@cyanotech.com With a copy to: Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Attn: Jesse Debban Email: jdebban@fbm.com A personal or courier delivered notice shall be effective on delivery; a notice sent via telex, facsimile, electronic mail or other means of written telecommunications shall be effective one (1) business day after sending; a mailed notice shall be effective upon the date shown on the return receipt or other evidence of delivery, provided, however, that if the recipient refuses to accept delivery, such notice shall be effective three (3) business days after being mailed.View More
Notices. All notices, requests, demands, instructions and other documents required or permitted by this Note shall be personally delivered or couriered, or sent by other means of written telecommunication, or mailed, certified or registered mail, return receipt requested, to the following addresses (or such other address to which a party has been notified in accordance with this provision): If to Lender: Skywords Family Foundation Inc. 1621 Juanita Lane Tiburon, CA 94920 Attn: Michael A. Davis Email:... michael@arlendavis.org With a copy to: Morrison & Foerster LLP 425 Market Street San Francisco, CA 94105 Attn: Jackie Liu Liu; Victor Liang Email: jliu@mofo.com jliu@mofo.com; vliang@mofo.com If to Borrower: Cyanotech Corporation 73-4460 Queen Kaahumanu Hwy., #102 Kailua-Kona, HI 96740 Attn: Brian Orlopp Felicia Ladin Email: borlopp@cyanotech.com fladin@cyanotech.com With a copy to: Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Attn: Jesse Debban Email: jdebban@fbm.com A personal or courier delivered notice shall be effective on delivery; a notice sent via telex, facsimile, electronic mail or other means of written telecommunications shall be effective one (1) business day after sending; a mailed notice shall be effective upon the date shown on the return receipt or other evidence of delivery, provided, however, that if the recipient refuses to accept delivery, such notice shall be effective three (3) business days after being mailed. View More
Notices. For the purposes of this Agreement, notices, demands and all other communications provided for in the Agreement shall be in writing and shall be deemed to have been duly given when delivered or (unless otherwise specified) mailed by United States registered mail, return receipt requested, postage prepaid, addressed as follows: If to the Executive: Michael O'Sullivan5130 Hacienda DriveDublin, CA 94568-7579 If to the Company: Ross Stores, Inc.5130 Hacienda DriveDublin, CA 94568-7579Attention:... General Counsel or to such other address as any party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.15. Complete Agreement; Modification, Waiver; Entire Agreement. This Agreement, along with any compensation and benefits summary, stock option, restricted stock, performance share or other equity compensation award agreements between the parties, represents the complete agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, promises or representations of the parties, including any prior employment agreement or similar agreement between the parties, except those relating to repayment of signing and related bonuses, or relocation expense reimbursements. To the extent that the bonus payment provisions (i.e., post-termination bonus payments) provided in this Agreement differ from the provisions of the Company's incentive bonus plans (currently the Incentive Compensation Plan) or any replacement plans, such bonus payments shall be paid pursuant to the provisions of this Agreement except to the extent expressly prohibited by law. Except as provided by Section 22 [Compliance with Section 409A], no provision of this Agreement may be amended or modified except in a document signed by the Executive and such person as may be designated by the Company. No waiver by the Executive or the Company of any breach of, or lack of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or the same condition or provision at another time. To the extent that this Agreement is in any way deemed to be inconsistent with any prior or contemporaneous compensation and benefits summary, stock option, restricted stock, performance share or other equity compensation award agreements between the parties, or term sheet referencing such specific awards, the terms of this Agreement shall control. No agreements or representations, oral or otherwise, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement.View More
Notices. For the purposes of this Agreement, notices, demands and all other communications provided for in the Agreement shall be in writing and shall be deemed to have been duly given when delivered or (unless EXHIBIT 10.49 otherwise specified) mailed by United States registered mail, return receipt requested, postage prepaid, addressed as follows: If follows:If to the Executive: Michael O'Sullivan5130 Hacienda DriveDublin, CA 94568-7579 Douglas BakerRoss Stores, Inc.1372 Broadway, 10th FloorNew York,... NY 10018 If to the Company: Ross Stores, Inc.5130 Hacienda DriveDublin, Inc.4440 Rosewood DrivePleasanton, CA 94568-7579Attention: 94588Attention: General Counsel or to such other address as any party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.15. Complete Agreement; Modification, Waiver; Entire Agreement. This Agreement, along with any compensation and benefits summary, stock option, restricted stock, performance share or other equity compensation award agreements between the parties, represents the complete agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, promises or representations of the parties, including any prior employment agreement or similar agreement between the parties, except those relating to repayment of signing and related bonuses, or relocation expense reimbursements. To the extent that the bonus payment provisions (i.e., post-termination bonus payments) provided in this Agreement differ from the provisions of the Company's incentive bonus plans (currently the Incentive Compensation Plan) or any replacement plans, such bonus payments shall be paid pursuant to the provisions of this Agreement except to the extent expressly prohibited by law. Except as provided by Section 22 [Compliance with Section 409A], no provision of this Agreement may be amended or modified except in a document signed by the Executive and such person as may be designated by the Company. No waiver by the Executive or the Company of any breach of, or lack of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or the same condition or provision at another time. To the extent that this Agreement is in any way deemed to be inconsistent with any prior or contemporaneous compensation and benefits summary, stock option, restricted stock, performance share or other equity compensation award agreements between the parties, or term sheet referencing such specific awards, the terms of this Agreement shall control. No agreements or representations, oral or otherwise, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement. View More
Notices. All communications hereunder shall be in writing and effective only upon receipt and if to the Manager shall be delivered, mailed or sent to [ ] (Attn: [●]); and if to the Company shall be delivered, mailed or sent to 801 East 86th Avenue, Merrillville, Indiana 46410, Attention: Shawn Anderson, with a copy to Schiff Hardin LLP, 233 S. Wacker Drive, Suite 6600, Chicago, Illinois 60606, Attention: Robert J. Minkus.
Notices. All communications hereunder shall be in writing and effective only upon receipt and if to the Manager shall be delivered, mailed or sent to [ ] (Attn: [●]); if to the Forward Purchaser shall be delivered, mailed or sent to [ ], (Attn: [●]); and if to the Company shall be delivered, mailed or sent to 801 East 86th Avenue, Merrillville, Indiana 46410, Attention: Shawn Anderson, with a copy to Schiff Hardin LLP, 233 S. Wacker Drive, Suite 6600, Chicago, Illinois 60606, Attention: Robert J.... Minkus. View More
