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. All notices required or permitted to be given pursuant to the terms hereof shall be in writing and shall be delivered to the applicable addresses set forth in Section 1 of this Agreement either by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the U.S. mail, (b) a nationally recognized and reputable messenger service or overnight courier, in which case notice shall be deemed delivered one (1)... Business Day after deposit with such messenger or courier on or prior to 5:00 p.m., Eastern Standard Time (if deposited after such time, notice shall be deemed given upon receipt of the notice by the addressee), (c) electronic mail, in which case notice shall be deemed delivered as of the date and time that transmission to recipient was completed or (d) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. The notice address for any party may be changed by written notice to the other party as provided herein.View More
Notices. All notices required or permitted to be given pursuant to the terms hereof shall be in writing and shall be delivered to the applicable addresses set forth in Section 1 of this Agreement either by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the U.S. mail, (b) a nationally recognized and reputable messenger service or overnight courier, in which case notice shall be deemed delivered one (1)... Business Day after deposit with such messenger or courier on or prior to 5:00 p.m., Eastern Standard Time (if deposited after such time, notice shall be deemed given upon receipt of the notice by the addressee), (c) electronic mail, in which case notice shall be deemed delivered as of the date and time that transmission to recipient was completed of the entrance of such electronic mail into the information processing system designated by the recipient's electronic mail address, with a copy of such notice sent promptly thereafter in accordance with (a), (b) or (d) of this section, or (d) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received. The notice address for any party may be changed by written notice to the other party as provided herein. View More
Notices. Any notice, request, communication or other document required or permitted to be given or delivered to the holder hereof or the Company shall be delivered, or shall be sent by certified or registered mail, postage prepaid, to each such holder at its address as shown on the books of the Company or to the Company at the address indicated therefor on the signature page of this Warrant. -11- 14. Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company... by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof.View More
Notices. Any notice, request, communication or other document required or permitted to be given or delivered to the holder hereof Holder or the Company shall be delivered, or shall be sent by certified or registered mail, postage prepaid, to each such holder the Holder at its address as shown on the books of the Company or to the Company at the address indicated therefor on the signature page of this Warrant. -11- Such notice, request, communication or other document may also be delivered by any other... means of transmission so long as reasonable confirmation of receipt by the addressee is obtained. 14. Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares Applicable Stock issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. Holder. View More
Notices. Any notice, request, communication or other document required or permitted to be given or delivered to the holder hereof or the Company shall be delivered, or shall be sent by certified or registered mail, postage prepaid, to each such holder at its address as shown on the books of the Company or to the Company at the address indicated therefor on the signature page of this Warrant. -11- 14. Binding Effect on Successors. This Warrant shall be binding upon any corporation succeeding the Company... by merger, consolidation or acquisition of all or substantially all of the Company's assets, and all of the obligations of the Company relating to the Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. View More
Notices. Any notice, request, communication or other document required or permitted to be given or delivered to the holder hereof or the Company shall be delivered, or shall be sent by certified or registered mail, postage prepaid, to each such holder at its address as shown on the books of the Company or to the Company at the address indicated therefor on the signature page of this Warrant. -11- 14. 11 15. Binding Effect on Successors. This Warrant shall be binding upon any corporation entity... succeeding the Company by merger, consolidation merger or acquisition of all or substantially all of the Company's assets, consolidation, and all of the obligations of the Company relating to the Shares issuable upon the exercise or conversion of this Warrant shall survive the exercise, conversion and termination of this Warrant and all of the covenants and agreements of the Company shall inure to the benefit of the successors and assigns of the holder hereof. View More
Notices. For the purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given when delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below: To FLIC: The First of Long Island Corporation 10 Glen Head Road Glen Head, New York 11545 Attn: Chairman of the Board To Executive: To the most recent address on file with... the Bank.View More
Notices. For the purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given when delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth below: To FLIC: The First of Long Island Corporation 10 Glen Head Road Glen Head, New York 11545 Attn: Chairman of the Board To Executive: To the most recent address on file with... the Bank. View More
Notices. Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party at the following address: If to the Company and/or MGT: Cannabis Science Inc 6946 North Academy Boulevard, Suite B #254,Colorado Springs, CO 80918 Michigan Green Technologies 31355 W. 13 Mile Rd., Ste.200, Farmington Hills, MI... 48334 If to the Consultant: ALEXANDER P. HAIG ADDRESS 4 16. SUCCESSORS AND ASSIGNS. This Agreement shall apply to all work performed by the Consultant for the Company or MGT, including any of its past, present, or future affiliates or subsidiaries, and shall be binding on the Company or MGT's assigns, executors, administrators, and other legal representatives. This Agreement shall inure to the benefit of the Company or MGT's successors and assigns. The Consultant acknowledges that his/her services are distinctive and personal, and that [s]he therefore may not assign his/her rights or delegate his/her duties or obligations under this Agreement.View More
Notices. Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party at the following address: If to the Company and/or MGT: Cannabis Science Inc 6946 North Academy Boulevard, Suite B #254,Colorado Springs, CO 80918 Michigan Green Technologies 31355 W. 13 Mile Rd., Ste.200, Farmington Hills, MI... 48334 If to the Consultant: ALEXANDER P. HAIG ADDRESS 4 THOMAS QUISENBERRY 5370 Greenview Dr., Clarkston, MI 48348 3 16. SUCCESSORS AND ASSIGNS. This Agreement shall apply to all work performed by the Consultant for the Company or MGT, including any of its past, present, or future affiliates or subsidiaries, and shall be binding on the Company or MGT's assigns, executors, administrators, and other legal representatives. This Agreement shall inure to the benefit of the Company or MGT's successors and assigns. The Consultant acknowledges that his/her services are distinctive and personal, and that [s]he therefore may not assign his/her rights or delegate his/her duties or obligations under this Agreement. View More
Notices. All notices or other communications by a Participant to the Company under or in connection with this Plan will be deemed to have been duly given when received in the form specified by the Company at the location, or by the person, designated by the Company for the receipt thereof. 8 21. Term; Stockholder Approval. This Plan will become effective on the Effective Date. This Plan will be approved by the stockholders of the Company within twelve (12) months before or after the date this Plan is... adopted by the Board. No purchase of shares that are subject to such stockholder approval before becoming available under this Plan will occur prior to stockholder approval of such shares, and the Committee may delay any Purchase Date and postpone the commencement of any Offering Period subsequent to such Purchase Date as deemed necessary or desirable to obtain such approval (provided that if a Purchase Date would occur more than twenty-four (24) months after commencement of the Offering Period to which it relates, then such Purchase Date will not occur, and instead such Offering Period will terminate without the purchase of such shares and Participants in such Offering Period will be refunded their contributions without interest, unless the payment of interest is required under local laws). This Plan will continue until the earlier to occur of (a) termination of this Plan by the Board (which termination may be effected by the Board at any time pursuant to Section 25 below), (b) issuance of all of the shares of Common Stock reserved for issuance under this Plan, or (c) the tenth anniversary of the first Purchase Date under the Plan.View More
Notices. All notices or other communications by a Participant to the Company under or in connection with this Plan will shall be deemed to have been duly given when received in the form specified by the Company at the location, or by the person, designated by the Company for the receipt thereof. 8 7 21. Term; Stockholder Approval. This Plan will become effective on the Effective Date. date on which the Registration Statement covering the initial public offering of the shares of Common Stock is declared... effective by the U.S. Securities and Exchange Commission (the "Effective Date"). This Plan will shall be approved by the stockholders of the Company Company, in any manner permitted by applicable corporate law, within twelve (12) months before or after the date this Plan is adopted by the Board. No purchase of shares that are subject to such stockholder approval before becoming available under this Plan will shall occur prior to stockholder approval of such shares, shares and the Committee may delay any Purchase Date and postpone the commencement of any Offering Period subsequent to such Purchase Date as deemed necessary or desirable to obtain such approval (provided that if a Purchase Date would occur more than twenty-four (24) months after commencement of the Offering Period to which it relates, then such Purchase Date will shall not occur, occur and instead such Offering Period will shall terminate without the purchase of such shares and Participants in such Offering Period will shall be refunded their contributions without interest, unless the payment of interest is required under local laws). interest). This Plan will shall continue until the earlier to occur of (a) termination of this Plan by the Board (which termination may be effected by the Board at any time pursuant to Section 25 below), (b) issuance of all of the shares of Common Stock reserved for issuance under this Plan, or (c) the tenth anniversary of the first Purchase Date under the Plan. View More
Notices. All notices or other communications by a Participant to the Company under or in connection with this Plan will shall be deemed to have been duly given when received in the form specified by the Company at the location, or by the person, designated by the Company for the receipt thereof. 8 21. Term; Stockholder Approval. TERM; STOCKHOLDER APPROVAL. This Plan will become effective on the Effective Date. This Plan will shall be approved by the stockholders of the Company Company, in any manner... permitted by applicable corporate law, within twelve (12) months before or after the date this Plan is adopted by the Board. No purchase of shares that are subject to such stockholder approval before becoming available under this Plan will shall occur prior to stockholder approval of such shares, shares and the Board or Committee may delay any Purchase Date and postpone the commencement of any Offering Period subsequent to such Purchase Date as deemed necessary or desirable to obtain such approval (provided that if a Purchase Date would occur more than twenty-four (24) twenty-seven (27) months after commencement of the Offering Period to which it relates, then such Purchase Date will shall not occur, occur and instead such Offering Period will shall terminate without the purchase of such shares and Participants in such Offering Period will shall be refunded their contributions Contributions without interest, unless the payment of interest is required under local laws). interest). This Plan will shall continue until the earlier to occur of (a) termination of this Plan by the Board (which termination may be effected by the Board at any time pursuant to Section 25 below), (b) issuance of all of the shares of Common Stock reserved for issuance under this Plan, or (c) the tenth anniversary of the first Purchase Effective Date under the Plan. View More
Notices. All notices or other communications by a Participant to the Company under or in connection with this Plan will shall be deemed to have been duly given when received in the form specified by the Company at the location, or by the person, designated by the Company for the receipt thereof. 8 21. Term; Stockholder Approval. 6 22. TERM; STOCKHOLDER APPROVAL. This Plan will become effective on the Effective Date. This Plan will shall be approved by the stockholders of the Company Company, in any... manner permitted by applicable corporate law, within twelve (12) months before or after the date this Plan is adopted by the Board. No purchase of shares that are subject to such stockholder approval before becoming available under this Plan will shall occur prior to stockholder approval of such shares, shares and the Board or Committee may delay any Purchase Date and postpone the commencement of any Offering Period subsequent to such Purchase Date as deemed necessary or desirable to obtain such approval (provided that if a Purchase Date would occur more than twenty-four (24) months after commencement of the Offering Period to which it relates, then such Purchase Date will shall not occur, occur and instead such Offering Period will shall terminate without the purchase of such shares and Participants in such Offering Period will shall be refunded their contributions without interest, unless the payment of interest is except as otherwise required under local laws). This Plan will shall continue until the earlier to occur of (a) termination of this Plan by the Board (which termination may be effected by the Board at any time pursuant to Section 25 26 below), (b) issuance of all of the shares of Common Stock reserved for issuance under this Plan, or (c) the tenth anniversary of the first Purchase Date under the Plan. View More
Notices. All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representatives, will be mailed, delivered or telefaxed to Deutsche Bank Securities Inc., 60 Wall Street, 2nd Floor, New York, New York 10005, Attention: Equity Capital Markets – Syndicate Desk, with a copy to Deutsche Bank Securities Inc., 60 Wall Street, 36th Floor, New York, New York 10005, Attention: General Counsel, fax: (646) 374-1071; J.P. Morgan Securities LLC, 383 Madison Avenue, New... York, New York 10179, Attention: Equity Syndicate Desk, fax: (212) 622-8358; and Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019, Attention: Syndicate Registration, fax: (646) 834-8133; or, if sent to the Company, will be mailed, delivered or telefaxed to TPG Pace Tech Opportunities Corp., 301 Commerce St., Suite 3300, Fort Worth, TX 76102, Attention: General Counsel, with a copy to the Company's counsel at Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York, 10153, Attention: Alexander D. Lynch.View More
Notices. All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representatives, will be mailed, delivered or telefaxed to Deutsche Bank Securities Inc., 60 Wall Street, 2nd Floor, New York, New York 10005, Attention: Equity Capital Markets – Syndicate Desk, with a copy to Deutsche Bank Securities Inc., 60 Wall Street, 36th Floor, New York, New York 10005, Attention: General Counsel, fax: (646) 374-1071; J.P. Morgan Securities LLC, 383 Madison Avenue, New... York, New York 10179, Attention: Equity Syndicate Desk, fax: (212) 622-8358; and Barclays Capital Inc., 745 Seventh Avenue, Goldman Sachs & Co. LLC, 200 West Street, New York, New York 10019, Attention: 10282, [Attention: Syndicate Registration, fax: (646) 834-8133; 834-8133]; or, if sent to the Company, will be mailed, delivered or telefaxed to TPG Pace Tech Opportunities Beneficial II Corp., 301 Commerce St., Suite 3300, Fort Worth, TX 76102, Attention: General Counsel, with a copy to the Company's counsel at Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York, 10153, Attention: Alexander D. Lynch. View More
Notices. All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representatives, will be mailed, delivered or telefaxed to Deutsche Bank Securities Inc., 60 Wall Street, 2nd Floor, New York, New York 10005, Attention: Equity Capital Markets – Syndicate Desk, with a copy to Deutsche Bank Securities Inc., 60 Wall Street, 36th Floor, New York, New York 10005, Attention: General Counsel, fax: (646) 374-1071; J.P. Morgan Securities LLC, 383 Madison Avenue, New... York, New York 10179, Attention: Equity Syndicate Desk, fax: (212) 622-8358; and Barclays Capital Inc., 745 Seventh Avenue, Goldman Sachs & Co. LLC, 200 West Street, New York, New York 10019, Attention: 10282, [Attention: Syndicate Registration, fax: (646) 834-8133; 834-8133]; or, if sent to the Company, will be mailed, delivered or telefaxed to TPG Pace Tech Opportunities II Corp., 301 Commerce St., Suite 3300, Fort Worth, TX 76102, Attention: General Counsel, with a copy to the Company's counsel at Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York, 10153, Attention: Alexander D. Lynch. View More
Notices. All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representatives, will be mailed, delivered or telefaxed to Deutsche Bank Securities Inc., 60 Wall Street, 2nd Floor, New York, New York 10005, Attention: Equity Capital Markets – Syndicate Desk, with a copy to Deutsche Bank Securities Inc., 60 Wall Street, 36th Floor, New York, New York 10005, Attention: General Counsel, fax: (646) 374-1071; J.P. Morgan Securities LLC, 383 Madison Avenue, New... York, New York 10179, Attention: Equity Syndicate Desk, fax: (212) 622-8358; and Barclays Capital Inc., 745 Seventh Avenue, Goldman Sachs & Co. LLC, 200 West Street, New York, New York 10019, Attention: 10282, [Attention: Syndicate Registration, fax: (646) 834-8133; 834-8133]; or, if sent to the Company, will be mailed, delivered or telefaxed to TPG Pace Tech Opportunities Solutions Corp., 301 Commerce St., Suite 3300, Fort Worth, TX 76102, Attention: General Counsel, with a copy to the Company's counsel at Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, New York, 10153, Attention: Alexander D. Lynch. View More
Notices. (a) Any purported termination by the Holding Company or by Executive shall be communicated by Notice of Termination to the other party hereto. For purposes of this Agreement, a "Notice of Termination" shall mean a written notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of Executive's. employment under the provision so indicated. (b) "Date... of Termination" shall mean the date specified in the Notice of Termination (which, in the case of a Termination for Cause, shall not be less than thirty (30) days from the date such Notice of Termination is given). (c) If, within thirty (30) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, except upon the occurrence of a Change in Control and voluntary termination by Executive in which case the Date of Termination shall be the date specified in the Notice, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, by a binding arbitration award, or by a final judgment, order or decree of a court of competent jurisdiction (the time for appeal therefrom having expired and no appeal having been perfected) and provided further that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence. Notwithstanding the pendency of any such dispute, the Holding Company will continue to pay Executive his full compensation in effect when the notice giving rise to the dispute was given (including, but not limited to, Base Salary) and continue him as a participant in all compensation, benefit and insurance plans in which he was participating when the notice of dispute was given, until the dispute is finally resolved in accordance with this Agreement. Amounts paid under this Section are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts due under this Agreement.View More
Notices. (a) Any purported termination by the Holding Company Bank or by Executive shall be communicated by Notice of Termination to the other party hereto. For purposes of this Agreement, a "Notice of Termination" shall mean a written notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of Executive's. Executive's employment under the provision so... indicated. (b) "Date of Termination" shall mean the date specified in the Notice of Termination (which, in the case of a Termination for Cause, shall not be less than thirty (30) days from the date such Notice of Termination is given). (c) If, within thirty (30) days after any Notice of Termination is given, the party receiving such Notice of Termination notifies the other party that a dispute exists concerning the termination, except upon the occurrence of a Change in Control and voluntary termination by Executive in which case the Date of Termination shall be the date specified in the Notice, the Date of Termination shall be the date on which the dispute is finally determined, either by mutual written agreement of the parties, by a binding arbitration award, or by a final judgment, order or decree of a court of competent jurisdiction (the time for appeal therefrom having expired and no appeal having been perfected) and provided further that the Date of Termination shall be extended by a notice of dispute only if such notice is given in good faith and the party giving such notice pursues the resolution of such dispute with reasonable diligence. Notwithstanding the pendency of any such dispute, in the Holding Company event Executive is terminated for reasons other than Termination for Cause the Bank will continue to pay Executive his full compensation Base Salary in effect when the notice giving rise to the dispute was given (including, but not limited to, Base Salary) and continue him as a participant in all compensation, benefit and insurance plans in which he was participating when the notice of dispute was given, until the earlier of: 1) the resolution of the dispute is finally resolved in accordance with this Agreement. Agreement or 2) the expiration of the remaining term of this Agreement as determined as of the Date of Termination. Amounts paid under this Section are in addition to all other amounts due under this Agreement and shall not be offset against or reduce any other amounts due under this Agreement. View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed, by postage prepaid, certified or registered mail: (a) if to Indemnitee, to the address set forth on the signature page hereto. (b) if to the Company, to: NL Industries, Inc. Attn: [OFFICER] [ADDRESS] [CITY], [STATE] [ZIP CODE] Notice of change of address shall be effective only when given in accordance with this... Section. All notices complying with this Section shall be deemed to have been received on the date of hand delivery or on the third business day after mailing.View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed, by postage prepaid, certified or registered mail: (a) if to Indemnitee, to the address set forth on the signature page hereto. (b) if to the Company, to: NL Industries, CompX International Inc. Attn: [OFFICER] [ADDRESS] [CITY], [STATE] [ZIP CODE] Notice of change of address shall be effective only when given in... accordance with this Section. All notices complying with this Section shall be deemed to have been received on the date of hand delivery or on the third business day after mailing. View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed, by postage prepaid, certified or registered mail: (a) if to Indemnitee, to the address set forth on the signature page hereto. (b) if to the Company, to: NL Industries, Kronos Worldwide, Inc. Attn: [OFFICER] [ADDRESS] [CITY], [STATE] [ZIP CODE] Notice of change of address shall be effective only when given in... accordance with this Section. All notices complying with this Section shall be deemed to have been received on the date of hand delivery or on the third business day after mailing. View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed, by postage prepaid, certified or registered mail: (a) if to Indemnitee, to the address set forth on the signature page hereto. (b) if to the Company, to: NL Industries, Valhi, Inc. Attn: [OFFICER] [ADDRESS] [CITY], [STATE] [ZIP CODE] Notice of change of address shall be effective only when given in accordance with... this Section. All notices complying with this Section shall be deemed to have been received on the date of hand delivery or on the third business day after mailing. View More
Notices. Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or one day following mailing via Federal Express or similar overnight courier service. In the case of Executive, mailed notices shall be addressed to Executive at Executive's home address that the Company has on file for Executive. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices... shall be directed to the attention of the Board of Directors of the Company. -7- 9. Dispute Resolution. To ensure the timely and economical resolution of disputes that arise in connection with this Agreement, Executive and the Company agree that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance or interpretation of this Agreement, Executive's employment, or the termination of Executive's employment, shall be resolved to the fullest extent permitted by law by final, binding and confidential arbitration, by a single arbitrator, in San Mateo County, California, conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS") under the applicable JAMS employment rules. By agreeing to this arbitration procedure, both Executive and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) issue a written arbitration decision, to include the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that Executive or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS' arbitration fees in excess of the amount of court fees that would be required if the dispute were decided in a court of law. Nothing in this Agreement is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration.View More
Notices. Notices All notices and all other communications contemplated by under this Agreement shall be in writing and shall be given by fax or first class mail, certified or registered with return receipt requested, and shall be deemed to have been duly given when personally delivered three (3) days after mailing or one day following mailing via Federal Express or similar overnight courier service. In the case twenty-four (24) hours after transmission of Executive, mailed notices shall be addressed to... Executive at Executive's home address that the Company has on file for Executive. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed a fax to the attention respective persons named below: If to the Company: Redwood Trust, Inc.Attn: Chief Executive OfficerOne Belvedere Place, Suite 300Mill Valley, CA 94941Phone: (415) 389-7373Fax: (415) 381-1773 If to the Executive: Andrew P. Stonec/o Redwood Trust, Inc.One Belvedere Place, Suite 300Mill Valley, CA 94941Phone: (415) 389-7373Fax: (415) 381-1773 Either party may change such party's address for notices by notice duly given pursuant hereto. -13- 11. Resolution of the Board of Directors of the Company. -7- 9. Dispute Resolution. Disputes. To ensure the timely rapid and economical resolution of disputes that may arise in connection with this Agreement, the Executive's employment with the Company, the Executive and the Company agree that any and all disputes, claims, or causes of action action, in law or equity, arising from or relating to the enforcement, breach, performance performance, or interpretation of this Agreement, the Executive's employment, or the termination of the Executive's employment, employment ("Arbitrable Claims") shall be resolved submitted to confidential mediation in San Francisco, California conducted by a mutually agreeable mediator from Judicial Arbitration and Mediation Services ("JAMS") or its successor under the JAMS Rules of Practice and Procedure then in effect, which can be found at www.jamsadr.com/adr-rules-procedures. The cost of JAMS' mediation fees shall be paid by the Company. In the event that mediation is unsuccessful in resolving the Arbitrable Claims, the Arbitrable Claims shall be resolved, to the fullest extent permitted by law law, by final, binding and confidential arbitration, by a single arbitrator, arbitration in San Mateo County, California, Francisco, California conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS") JAMS or its successor, under the then applicable JAMS employment rules. By rules of JAMS. The Executive acknowledges that by agreeing to this arbitration procedure, both the Executive and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. The arbitrator shall: (i) (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) (b) issue a written arbitration decision, to include decision including the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that the Executive or the Company would be entitled to seek in a court of law. law, including, without limitation, the award of attorneys' fees based on a determination of the extent to which each party has prevailed as to the material issues raised in determination of the dispute. The Company shall pay all JAMS' arbitration fees in excess of the amount of court fees that those which would be required if the dispute were decided in a court of law. Nothing in this Agreement is intended to prevent either the Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such mediation or arbitration. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration.View More
Notices. Notices Any and all notices, demands, requests, or other communications contemplated by this Agreement hereunder shall be in writing and shall be deemed to have been duly given when personally delivered to or one day following mailing via Federal Express transmitted by overnight express delivery to and received by the Party to whom such notice is intended thereof, or similar in lieu of such personal delivery or overnight courier service. In express delivery, upon receipt when deposited in the ... class="diff-color-red">case of Executive, mailed notices shall be United States mail, first-class, certified or registered, postage prepaid, return receipt requested, addressed to Executive the applicable Party at Executive's home the address that set forth below such Party's signature to this Agreement (which may be omitted in any public filing). Any Party may change its respective address for the Company has on file for Executive. In the case purposes of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed this Section 16 by giving notice of such change to the attention of other Party in the Board of Directors of the Company. -7- 9. Dispute Resolution. manner provided in this Section 16. -10- 17. Arbitration. To ensure the timely rapid and economical resolution of disputes that may arise in connection with this Agreement, Executive's employment with the Company, Executive and the Company both agree that any and all disputes, claims, or causes of action action, in law or equity, including but not limited to statutory claims, arising from or relating to the enforcement, breach, performance performance, or interpretation of this Agreement, Executive's employment, employment with the Company, or the termination of Executive's employment, shall employment with the Company, will be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by law law, by final, binding and confidential arbitration, arbitration conducted in Irvine, California by JAMS, Inc. ("JAMS") or its successors by a single arbitrator, in San Mateo County, California, conducted arbitrator. Both Executive and the Company acknowledge that by Judicial Arbitration and Mediation Services, Inc. ("JAMS") under the applicable JAMS employment rules. By agreeing to this arbitration procedure, both Executive and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. The judge. Any such arbitration proceeding will be governed by JAMS' then applicable rules and procedures for employment disputes, which will be provided to Executive upon request. In any such proceeding, the arbitrator shall: (i) (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (ii) (b) issue a written arbitration decision, to include decision including the arbitrator's essential findings and conclusions and a statement of the award. The arbitrator Executive and the Company each shall be authorized entitled to award any or all rights and remedies that Executive or the Company either would be entitled to seek in a court of law. The Company shall pay all JAMS' arbitration fees in excess of the amount of court fees that would be required if the dispute were decided pursue in a court of law. Nothing in this Agreement is intended to prevent either Executive or the Company or Executive from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration pursuant to applicable law. Similarly, nothing in this Agreement is intended to restrict the Executive from filing a complaint with the Equal Employment Opportunity Commission or comparable government agency. The Company shall pay all filing fees in excess of those which would be required if the dispute were decided in a court of law, and shall pay the arbitrator's fees and any other fees or costs unique to arbitration. Notwithstanding Any awards or orders in such arbitrations may be entered and enforced as judgments in the foregoing, Executive federal and the Company each have the right to resolve state courts of any issue or dispute over intellectual property rights by Court action instead of arbitration. competent jurisdiction. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] View More
Notices. Notices provided for in this Agreement shall be in writing and shall be deemed to have been duly received (a) when delivered in person or sent by facsimile transmission, (b) on the first business day after such notice is sent by air express overnight courier service, or (c) on the third business day following deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid and addressed, to the following address, as applicable: (a) If to Company,... addressed to: Suite 350 - 9635 Maroon Circle, Englewood, Colorado 80112; Attention: The CEO (b) If to Executive, addressed to the address set forth below Executive's name on the 13 execution page hereof; or to such other address as either party may have furnished to the other party in writing in accordance with this Section 21.View More
Notices. Notices provided for in this Agreement shall be in writing and shall be deemed to have been duly received (a) when delivered in person or sent by facsimile transmission, (b) on the first business day after such notice is sent by air express overnight courier service, or (c) on the third business day following deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid and addressed, to the following address, as applicable: 13 (a) If to Company,... addressed to: Suite 350 - 9635 350-9635 Maroon Circle, Englewood, Colorado 80112; Attention: The CEO Donald Ewigleben with a copy for informational purposes only to: International Tower Hill Mines Ltd., Suite 2300-1177 West Hastings Street Vancouver British Columbia Canada, V6E 2K3. (b) If to Executive, addressed to the address set forth below Executive's name on the 13 execution page hereof; or to such other address as either party may have furnished to the other party in writing in accordance with this Section 21. View More
