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 and other communications hereunder shall be in writing and shall be deemed given if delivered personally, telecopied (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) if to the Shareholder, to the address or e-mail address, as applicable, set forth in Schedule A hereto, and if to PFS, in accordance with Section 12.4 of the Merger Agreement.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed given if delivered personally, telecopied electronic mail (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) if to the Shareholder, to the address or e-mail address, as applicable, set forth in Schedule A hereto, and if to PFS, DCB, in accordance with Section 12.4 12.3 of the Merger Agreement.
Notices. All notices and other communications hereunder shall be in writing and shall be deemed given if delivered personally, telecopied (with confirmation), mailed by registered or certified mail (return receipt requested) or delivered by an express courier (with confirmation) if to the Shareholder, to the address or e-mail address, facsimile number, as applicable, set forth in Schedule A hereto, and if to PFS, the Company, in accordance with Section 12.4 9.5 of the Merger Agreement.
Notices. Any notice required or permitted to be given under this Agreement shall be deemed properly given if in writing and if mailed by registered or certified mail, postage prepaid with return receipt requested, at the address listed below or at other address as specified to the other party: If to Executive: Most recent address on file. If to the Company or the Bank: CB Financial Services, Inc. or Community Bank, as applicable 100 N. Market Street Carmichaels, Pennsylvania 15320 Attention: Chairman of... the Board of Directors 6 13. General Provisions. (a) Non-Assignability. This Agreement may not be assigned by Executive. (b) Binding on Successors. The terms of this Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns, including any successor employer to the Company and/or the Bank in the event of a change in control. (c) Final Agreement. This Agreement and any other benefit plan or agreement referenced in this Agreement represent the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings, written or oral. The terms of this Agreement may be changed, modified or discharged only by an instrument in writing signed by the parties hereto. (d) Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with and governed by the laws of the Commonwealth of Pennsylvania, without reference to its principles of conflicts of law. (e) Counterparts. This Agreement may be executed in one or more counterparts, each of which counterpart, when so executed and delivered, will be deemed an original and all of which counterparts, taken together, will constitute but one and the same agreement. (f) Severability. If any provision of this Agreement is determined to be void or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect. (g) Tax Withholding. The Company or the Bank shall withhold from the amounts payable under this Agreement such federal, state and/or local taxes as shall be required to be withheld pursuant to any applicable law or regulation.View More
Notices. Any notice required or permitted to be given under this Agreement shall be deemed properly given if in writing and if mailed by registered or certified mail, postage prepaid with return receipt requested, at the address listed below or at other address as specified to the other party: If to Executive: Most recent address on file. If to the Company or the Bank: CB Riverview Financial Services, Inc. Corporation. or Community Riverview Bank, as applicable 100 N. Market 3901 North Front Street ... class="diff-color-red">Carmichaels, Harrisburg, Pennsylvania 15320 171110 Attention: Chairman of the Board of Directors President 6 13. Separation Agreement and Release 11. General Provisions. (a) Non-Assignability. This Agreement may not be assigned by Executive. (b) Binding on Successors. The terms of this Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns, including any successor employer to the Company and/or the Bank in the event of a change in control. (c) Final Agreement. This Agreement and any other benefit plan or agreement referenced in this Agreement represent the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings, written or oral. The terms of this Agreement may be changed, modified or discharged only by an instrument in writing signed by the parties hereto. (d) Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with and governed by the laws of the Commonwealth of Pennsylvania, without reference to its principles of conflicts of law. (e) Counterparts. This Agreement may be executed in one or more counterparts, each of which counterpart, when so executed and delivered, will be deemed an original and all of which counterparts, taken together, will constitute but one and the same agreement. (f) Severability. If any provision of this Agreement is determined to be void or unenforceable, then the remaining provisions of this Agreement will remain in full force and effect. (g) Tax Withholding. The Company or the Bank shall withhold from the amounts payable under this Agreement such federal, state and/or local taxes as shall be required to be withheld pursuant to any applicable law or regulation. (h) Arbitration. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted within 50 miles of Harrisburg, Pennsylvania, in accordance with the Commercial Rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The above notwithstanding, Riverview may seek injunctive relief in a court of competent jurisdiction in Pennsylvania to restrain any breach or threatened breach of any provision of this Agreement, without prejudice to any other rights or remedies that may otherwise be available to Riverview. Before bringing a proceeding pursuant to this Section 11(h), Executive or Riverview, as applicable, must provide that the other party with written notice of the dispute or controversy under this Agreement and the notice must describe the conditions of the dispute or controversy. Executive or Riverview, as applicable, will have 30 days to respond to such notice and, if practicable, to remedy such conditions. View More
Notices. Any notice required or permitted to be given under this Agreement shall be deemed properly given if in writing and if mailed by registered or certified mail, postage prepaid with return receipt requested, at the address listed below or at other address as specified to the other party: If to Executive: Most recent address on file. Sallyanne K. Ballweg 2 Wyatt Road Garden City, NY 11530 If to the Company or the Bank: CB Financial Services, Inc. or Community Bank, as applicable 100 FLIC: The First... of Long Island Corporation 10 Glen Head Road Glen Head, New York 11545 Attention: Michael N. Market Street Carmichaels, Pennsylvania 15320 Attention: Chairman of the Board of Directors 6 Vittorio, President and Chief Executive Officer 13. General Provisions. (a) Non-Assignability. This Agreement may not be assigned by Executive. (b) Binding on Successors. The terms of this Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns, including any successor employer to the Company and/or the Bank in the event of a change in control. assigns. (c) Final Agreement. This Agreement and any other benefit plan or agreement referenced in this Agreement represent represents the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings, written or oral. The terms of this Agreement may be changed, modified or discharged only by an instrument in writing signed by the parties hereto. (d) Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with and governed by the laws of the Commonwealth State of Pennsylvania, New York, without reference to its principles of conflicts of law. (e) Counterparts. This Agreement may be executed in one or more counterparts, each of which counterpart, when so executed and delivered, will be deemed an original and all of which counterparts, taken together, will constitute but one and the same agreement. (f) Severability. If any Any term or provision of this Agreement which is determined held to be void invalid or unenforceable, then unenforceable will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement will remain in full force and effect. Agreement. (g) Tax Withholding. The Company or the Bank shall withhold from the amounts payable under this Agreement such federal, state and/or local taxes as shall be required to be withheld pursuant to any applicable law or regulation. View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given (i) upon delivery if delivered by hand to the party to whom such communication was directed or (ii) upon the third business day after the date on which such communication was mailed if mailed by certified or registered mail with postage prepaid: (a) If to Indemnitee, at the address indicated on the signature page hereof. (b) If to the Corporation, to: Relmada... Therapeutics, Inc. 757 Third Avenue, Suite 2018 New York, NY 10017 Attention: Chief Executive Officer or to such other address as may have been furnished to Indemnitee by the Corporation.View More
Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given (i) upon delivery if delivered by hand to the party to whom such communication was directed or (ii) upon the third business day after the date on which such communication was mailed if mailed by certified or registered mail with postage prepaid: (a) If to Indemnitee, at the address indicated on the signature page hereof. (b) If to the Corporation, to: Relmada... Therapeutics, Actinium Pharmaceuticals, Inc. 757 Third Avenue, Suite 2018 21st Floor New York, NY 10017 Attention: Chief Executive Officer or to such other address as may have been furnished to Indemnitee by the Corporation. View More
Notices. Any notice provided for in this Plan shall be in writing and shall be either personally delivered, sent by reputable overnight carrier or mailed by first class mail, return receipt requested, to the recipient. Notices to Participant shall be sent to the address of Participant most recently provided to the Company. Notices to the Company should be sent to Prestige Brands Holdings, Inc. 660 White Plains Road, Suite 250, Tarrytown, NY 10591, Attention: General Counsel. Notice and communications... shall be effective on the date of delivery if delivered by hand, on the first business day following the date of dispatch if delivered utilizing overnight courier, or three business days after having been mailed, if sent by first class mail. 16 17. Amendments; Termination. The Committee expressly reserves the unilateral right, at any time, without the consent of the impacted Participant or Participants, to amend or terminate the Plan in whole or in part, including without limitation to remove individuals as Participants or to modify or eliminate all or any benefits under Section 4 hereof; provided that (a) no such action shall impair the rights of a Participant who previously has incurred a Qualified Termination unless such amendment, modification, removal or termination is agreed to in a writing signed by the Participant and the Company and (b) the Plan may not be terminated or amended after a Change in Control in any manner that would adversely affect the benefits available to any Participant under the Plan. If such notice is delivered by the Company, this Plan (or the participation of selected executives), along with all corresponding rights, duties, and covenants shall automatically be amended or expire as stated in such notice. Notwithstanding the above, the Committee may modify the Plan at any time without the executives' consent to comply with the requirements of Section 409A of the Code and any other rule, regulation, or statute, as determined by the Committee in its sole and absolute discretion. Section 7 and Section 18 shall survive the termination of this Plan.View More
Notices. Any notice provided for in this Plan shall be in writing and shall be either personally delivered, sent by reputable overnight carrier or mailed by first class mail, return receipt requested, to the recipient. Notices to Participant shall be sent to the address of Participant most recently provided to the Company. Notices to the Company should be sent to Prestige Brands Holdings, Inc. 660 White Plains Road, Suite 250, Tarrytown, NY 10591, Veritiv Corporation, 6600 Governors Lake Parkway,... Norcross, GA 30071, Attention: General Counsel. Notice and communications shall be effective on the date of delivery if delivered by hand, on the first business 13 day following the date of dispatch if delivered utilizing overnight courier, or three business days after having been mailed, if sent by first class mail. 16 17. mail.17. Amendments; Termination. The Committee expressly reserves the unilateral right, at any time, time and from time to time after providing twelve (12) months' prior written notice to the impacted Participant or Participants, without the consent of the impacted Participant or Participants, to amend or terminate the Plan in whole or in part, including without limitation to remove individuals as Participants or to modify or eliminate all or any benefits under Section 4 hereof; provided that (a) no such action shall impair the rights of a Participant who previously has incurred a Qualified Termination unless such amendment, modification, removal or termination is agreed to in a writing signed by the Participant and the Company, (b) no such action shall impair the rights of a Tier A Participant on or before June 30, 2019, unless such amendment, modification, removal or termination is agreed to in a writing signed by the Tier A Participant and the Company and (b) (c) the Plan may not be terminated or amended within six (6) months before or two (2) years after a Change in Control in any manner that would adversely affect the benefits available to be provided to any Participant under the Plan. If such notice is delivered by the Company, this Plan (or the participation of selected executives), along with all corresponding rights, duties, and covenants shall automatically be amended or expire as stated in such notice. Notwithstanding the above, the Committee may modify the Plan at any time without the executives' consent to comply with the requirements of Section 409A of the Code and any other rule, regulation, or statute, as determined by the Committee in its sole and absolute discretion. Section 7 and Section 18 shall survive the termination of this Plan.View More
Notices. Any notice provided for in this Plan shall be in writing and shall be either personally delivered, sent by reputable overnight carrier or mailed by first class mail, return receipt requested, to the recipient. Notices to Participant shall be sent to the address of Participant most recently provided to the Company. Notices to the Company should be sent to Prestige Brands Holdings, Kelly Services, Inc. 660 White Plains 999 West Big Beaver Road, Suite 250, Tarrytown, NY 10591, Troy, Michigan... 48084, Attention: General Counsel. Counsel (or with respect to a notice by the General Counsel to the Company, such notice should be sent to the Senior Vice President, Human Resources). Notice and communications shall be effective on the date of 14 delivery if delivered by hand, on the first business day following the date of dispatch if delivered utilizing overnight courier, or three business days after having been mailed, if sent by first class mail. 16 17. mail.17. Amendments; Termination. The Committee expressly reserves the unilateral right, at any time, without the consent of the impacted Participant or Participants, to amend or terminate the Plan in whole or in part, including without limitation to remove individuals as Participants or to modify or eliminate all or any benefits under Section 4 hereof; provided that (a) no such action shall impair the rights of a Participant who previously has incurred a Qualified Termination unless such amendment, modification, removal or termination is agreed to in a writing signed by the Participant and the Company and (b) the Plan may not be terminated or amended within six (6) months before or two (2) years after a Change in Control in any manner that would adversely affect the benefits available to any Participant under the Plan. If such notice is delivered by the Company, this Plan (or the participation of selected executives), along with all corresponding rights, duties, and covenants shall automatically be amended or expire as stated in such notice. Notwithstanding the above, the Committee may modify the Plan at any time without the executives' consent to comply with the requirements of Section 409A of the Code and any other rule, regulation, or statute, as determined by the Committee in its sole and absolute discretion. Section 7 (relating to confidentiality, non-competition, non-solicitation, non-disparagement, return of property, and recoupment) and Section 18 (relating to governing law) shall survive the termination of this Plan. View More
Notices. Except as otherwise herein provided, all statements, requests, notices and agreements shall be in writing and, (a) if to the Underwriters, shall be sufficient in all respects if delivered by hand or sent by facsimile, email or certified mail to J.P. Morgan Securities LLC, 383 Madison Avenue, New York, New York 10179, Attention: Equity Syndicate Desk; Merrill Lynch, Pierce, Fenner & Smith Incorporated at One Bryant Park, New York, New York 10036, attention of Syndicate Department (facsimile:... (646) 855-3073), with a copy to ECM Legal (facsimile: (212) 230-8730); and Citigroup Global Markets Inc., 388 Greenwich Street, New York, New York, 10013, Attention: General Counsel (facsimile: (646) 291-1469; (b) if to the Forward Purchasers or Forward Sellers, shall be sufficient in all respects if delivered by hand or sent by facsimile, email or certified mail to JPMorgan Chase Bank, National Association at EDG Marketing Support, Email: edg_notices@jpmorgan.com and edg_ny_corporate_sales_support@jpmorgan.com, (fax no. : (866) 866-4506), with a copy to Santosh Sreenivasan, Managing Director, Email: santosh.sreenivasan@jpmorgan.com; Bank of America, N.A. at c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America Tower at One Bryant Park, New York, New York 10036, Attention: Gary Rosenblum, Assistant General Counsel (fax no. : 646-855-5821); and Citibank, N.A. at 390 Greenwich Street, 1st Floor, New York, New York 10013, Attn: James Heathcote, Email: james.heathcote@citi.com, with a copy to Dustin Sheppard, Email: dustin.c.sheppard@citi,com; in each case, with a copy to Cleary Gottlieb Steen & Hamilton LLP, New York, New York, attention of Michael Dayan (fax no. : 212-225-3999); and (c) if to the Company, shall be sufficient in all respects if delivered by hand or sent by facsimile or certified mail to the Company at the offices of the Company as set forth on the Registration Statement, Attention: Secretary. In accordance with the requirements of the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), the Underwriters are required to obtain, verify and record information that identifies their respective clients, including the Issuers, which information may include the name and address of their respective clients, as well as other information that will allow the Underwriters to properly identify their respective clients.View More
Notices. Except as otherwise herein provided, all statements, requests, notices and agreements shall be in writing and, (a) if to the Underwriters, shall be sufficient in all respects if delivered by hand or sent by facsimile, email or certified mail to J.P. Morgan Securities LLC, 383 Madison Avenue, New York, New York 10179, Attention: Equity Syndicate Desk; Merrill Lynch, Pierce, Fenner & Smith Incorporated at BofA Securities, Inc., One Bryant Park, New York, New York 10036, attention of Syndicate... Department (facsimile: (646) 855-3073), with a copy to ECM Legal (facsimile: (212) 230-8730); and Citigroup Global Markets Inc., 388 Greenwich Street, New York, New York, York 10013, Attention: General Counsel (facsimile: (646) 291-1469; 291-1469); and J.P. Morgan Securities LLC, 383 Madison Avenue, New York, New York 10179, Attention: Equity Syndicate Desk; (b) if to the Forward Purchasers or Forward Sellers, shall be sufficient in all respects if delivered by hand or sent by facsimile, email or certified mail to Bank of America, N.A. at c/o BofA Securities, Inc. at One Bryant Park, New York, New York 10036, Attention: Rohan Handa, Email: rohan.handa@gaml.com; Citibank, N.A. at 390 Greenwich Street, New York, New York 10013, Attention: James Heathcote, Email: james.heathcote@citi.com, with a copy to Adam Muchnick, Email: adam.muchnick@citi.com@citi.com; and JPMorgan Chase Bank, National Association at EDG Marketing Support, Email: edg_notices@jpmorgan.com and edg_ny_corporate_sales_support@jpmorgan.com, (fax no. : (866) 866-4506), with a copy to Santosh Sreenivasan, Managing Director, Email: santosh.sreenivasan@jpmorgan.com; Bank of America, N.A. at c/o Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America Tower at One Bryant Park, New York, New York 10036, Attention: Gary Rosenblum, Assistant General Counsel (fax no. : 646-855-5821); and Citibank, N.A. at 390 Greenwich Street, 1st Floor, New York, New York 10013, Attn: James Heathcote, Email: james.heathcote@citi.com, with a copy to Dustin Sheppard, Email: dustin.c.sheppard@citi,com; in each case, with a copy to Cleary Gottlieb Steen & Hamilton LLP, New York, New York, attention of Michael Dayan (fax no. : 212-225-3999); and (c) if to the Company, shall be sufficient in all respects if delivered by hand or sent by facsimile or certified mail to the Company at the offices of the Company as set forth on the Registration Statement, Attention: Secretary. In accordance with the requirements of the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), the Underwriters are required to obtain, verify and record information that identifies their respective clients, including the Issuers, which information may include the name and address of their respective clients, as well as other information that will allow the Underwriters to properly identify their respective clients. View More
Notices. Any notice required, permitted or intended to be given under this Agreement shall be in writing and shall be deemed to have been given only if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid to the appropriate address shown below, or such revised address as is delivered to the other party by the same means. (a) Notices to Company shall be sent to: PDS Biotechnology Corporation Attn. CEO 675 Highway One North Brunswick, NJ 08902 (b) Notices... to Consultant shall be sent to the most recent address on file with Company.View More
Notices. Any notice required, permitted or intended to be given under this Agreement shall be in writing and shall be deemed to have been given only if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid to the appropriate address shown below, or such revised address as is delivered to the other party by the same means. (a) Notices to Company shall be sent to: PDS Biotechnology Corporation Attn. CEO 675 Highway One North Brunswick, NJ 08902 (b) Notices... to Consultant shall be sent to the most recent address on file with Company. 3 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, supersedes any and all prior agreements or understandings between the parties and may only be changed by agreement in writing between the parties. View More
Notices. Any notice, demand or request required or desired to be given under this Sublease to Sublandlord or Subtenant shall be in writing via (a) personal delivery, (b) First Class U.S. Mail, return receipt requested, (c) FedEx or other reputable overnight carrier, or (d) email (but only if a hard copy is sent within one (1) business day thereafter by one of the methods in the foregoing sections (a) through (c)), and shall be addressed to the address of the Party to be served, as set forth in this... Section 20. Either Party may from time to time, by written notice to the other Party in accordance with this Section 20, designate a different address than that set forth below for the purpose of notice. Upon receipt of any notice from Master Landlord, Subtenant shall promptly deliver a copy of such notice to Sublandlord in accordance with the terms and conditions of this Section 20. Sublandlord: Subtenant: Medamerica, Inc. Dynavax Technologies 2100 Powell Street, Suite 400 Corporation Emeryville, CA 94608 2929 Seventh Street, #100 Attn: Legal and Compliance Berkeley, CA 94710 Department Attn: Legal Department 21.Default. The occurrence of any of the following events (each, an "Event of Default") shall constitute a material default and breach of this Sublease by Subtenant: (a) Subtenant's failure to pay Rent, where such failure shall continue for a period of seven (7) days following Subtenant's receipt of written notice thereof from Sublandlord; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure, Section 1161, (b) the occurrence of a default or material breach of the Master Lease due to Subtenant's acts or omissions, or (c) the occurrence of any of the events described in Article 7 of the Master Lease, which remain uncured after the cure period provided in the Master Lease as such cure period is adjusted pursuant to this Sublease. Upon any Event of Default under this Sublease, Sublandlord shall have all of the remedies available to Master Landlord pursuant to the Master Lease, including, without limitation, the remedies enumerated in Article 7.10 of the Master Lease. All of Sublandlord's rights and remedies herein enumerated or incorporated by reference above are cumulative, and none will exclude any other right or remedy allowed by law or in equity.View More
Notices. Any notice, demand or request required or desired to be given under this Sublease to Sublandlord or Subtenant shall be in writing via (a) personal delivery, (b) First Class U.S. Mail, return receipt requested, (c) or FedEx or other reputable overnight carrier, or (d) email (but only if a hard copy is sent within one (1) business day thereafter by one of the methods in the foregoing sections (a) through (c)), and shall be addressed to the address of the Party to be served, as set forth in this... Section 20. 21. Either Party may from time to time, by written notice to the other Party in accordance with this Section 20, 21, designate a different address than that set forth below for the purpose of notice. Upon receipt of any notice from Master Landlord, Subtenant shall promptly deliver a copy of such notice to Sublandlord in accordance with the terms and conditions of this Section 20. 21. Sublandlord: Subtenant: Medamerica, CardioDx, Inc. Dynavax Technologies 2100 Powell Street, Suite 400 Corporation Emeryville, Atreca, Inc. [PRIVATE ADDRESS] 500 Saginaw Drive Redwood City, CA 94608 2929 Seventh Street, #100 94063 Attn: Legal VP, Finance and Compliance Berkeley, CA 94710 Department Attn: Legal Department 21.Default. Operations 22. DEFAULT. The occurrence of any of the following events (each, an "Event of Default") shall constitute a material default and breach of this Sublease by Subtenant: (a) Subtenant's failure to pay Rent, where such failure shall continue for a period of seven (7) days following Subtenant's receipt of written notice thereof from Sublandlord; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure, Section 1161, (b) the occurrence of a default or material breach of under the Master Lease due to Subtenant's acts or omissions, or (c) (b) the occurrence of any of the events described in Article 7 as an "Event of the Master Lease, which remain uncured after the cure period provided in Default" under Section 19.1 of the Master Lease as such cure period is adjusted pursuant applicable to Subtenant under this Sublease. Upon any Event of Default under this Sublease, Sublandlord shall have all of the remedies available to Master Landlord pursuant to the Master Lease, including, including without limitation, limitation the remedies enumerated in Article 7.10 Section 19.2 of the Master Lease. All of Sublandlord's rights and remedies of Sublandlord herein enumerated or incorporated by reference above are shall be cumulative, and none will shall exclude any other right or remedy allowed by law or in equity. equity, and all of the following may be exercised with or without legal process as then may be provided or permitted by the laws of the State of California. View More
Notices. Any notice, demand or request required or desired to be given under this Sublease to Sublandlord or Subtenant shall be in writing via (a) personal delivery, (b) First Class U.S. Mail, return receipt requested, (c) FedEx or other reputable overnight carrier, or (d) email (but only if a hard copy is sent within one (1) business day thereafter by one of the methods in the foregoing sections (a) through (c)), and shall be addressed to the address of the Party to be served, as set forth in this... Section 20. Either Party may from time to time, by written notice to the other Party in accordance with this Section 20, designate a different address than that set forth below for the purpose of notice. Upon receipt of any notice from Master Landlord, Subtenant shall promptly deliver a copy of such notice to Sublandlord in accordance with the terms and conditions of this Section 21. Upon receipt of any notice from Master Landlord, Sublandlord shall promptly deliver a copy of such notice to Subtenant in accordance with the terms and conditions of this Section 20. 11 Sublandlord: Subtenant: Medamerica, Inc. Dynavax Technologies 2100 Powell Corporation Attn: Chief Financial Officer 2929 7th Street, Suite 400 100 Berkeley, CA 94710 Email: mostrach@dynavax.com With a copy to: Dynavax Technologies Corporation Attn: General Counsel 2929 7th Street, Suite 100 Berkeley, CA 94710 Subtenant: Zymergen Inc. Attn: VP Real Estate & Facilities 5980 Horton St., Suite 105 Emeryville, CA 94608 2929 Seventh Street, #100 Email: zmcgahey@zymergen.com With a copy to: Zymergen Inc. Attn: Legal and Compliance Berkeley, General Counsel 5980 Horton St., Suite 105 Emeryville, CA 94710 Department Attn: Legal Department 21.Default. 94608 Email: legalnotices@zymergen.com 22.Default. The occurrence of any of the following events (each, an "Event of Default") shall constitute a material default and breach of this Sublease by Subtenant: (a) Subtenant's failure to pay Rent, where such failure shall continue for a period of seven (7) four (4) days following Subtenant's receipt of written notice thereof from Sublandlord; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure, Section 1161, (b) the occurrence of a default or material breach any of the events described in Article 11 of the Master Lease due to Subtenant's acts or omissions, or (c) the occurrence of any of the events described in Article 7 of the Master Lease, which remain uncured after the cure period provided in the Master Lease as such cure period is adjusted pursuant to this Sublease. Upon any Subtenant Event of Default under this Sublease, Sublandlord shall have all of the remedies available to Master Landlord pursuant to the Master Lease, including, without limitation, the remedies enumerated in Article 7.10 Section 11.2 of the Master Lease. All of Sublandlord's rights and remedies herein enumerated or incorporated by reference above are cumulative, and none will exclude any other right or remedy allowed by law or in equity. The following events (each, an "Event of Default") shall constitute a material default and breach of this Sublease by Sublandlord: the occurrence of any of the events described in Article 11 of the Master Lease due to Sublandlord's acts or omissions, which remain uncured after the cure period provided in the Master Lease. Upon any Sublandlord Event of Default under this Sublease, Subtenant shall have all rights or remedies allowed by law or in equity. View More
Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so 18 mailed, (c) mailed by reputable overnight courier and receipted for by the party to whom said... notice or other communication shall have been directed or (d) sent by facsimile transmission, with receipt of oral confirmation that such transmission has been received: (a) If to Indemnitee, at the address indicated on the signature page of this Agreement, or such other address as Indemnitee shall provide in writing to the Company. (b) If to the Company, to: The Medicines Company c/o General Counsel 8 Sylvan Way Parsippany, New Jersey 07054 or to any other address as may have been furnished to Indemnitee in writing by the Company.View More
Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so 18 mailed, (c) mailed by reputable overnight courier and receipted for by the party to whom said... notice or other communication shall have been directed or (d) sent by facsimile transmission, with receipt of oral confirmation that such transmission has been received: (a) If to Indemnitee, at the address indicated on the signature page of this Agreement, or such other address as Indemnitee shall provide in writing to the Company. (b) If to the Company, to: The Medicines Company c/o General Counsel 8 Sylvan Way Parsippany, New Jersey 07054 19 Corporate Secretary Digital Generation, Inc. 750 West John Carpenter Freeway, Suite 700 Irving, Texas 75039 or to any other address as may have been furnished to Indemnitee in writing by the Company. View More
Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid, on the third (3rd) business day after the date on which it is so 18 mailed, (c) (iii) mailed by reputable overnight courier and receipted for by the party to whom... said notice or other communication shall have been directed or (d) (iv) sent by facsimile transmission, with receipt of oral confirmation that such transmission has been received: (a) If to Indemnitee, at the address indicated on the signature page of this Agreement, or such other address as Indemnitee shall provide in writing to the Company. (b) If to the Company, to: The Medicines Company Salix Pharmaceuticals, Ltd. c/o General Counsel 8 Sylvan Way Parsippany, New Jersey 07054 8510 Colonnade Center Drive Raleigh, North Carolina 27615 or to any other address as may have been furnished to Indemnitee in writing by the Company. View More
Notices. All notices hereunder to the Company shall be delivered or mailed to it addressed to the Secretary of Banc of California, Inc., 18500 Von Karman Avenue, Suite 1100, Irvine, California 92612. Any notices hereunder to the Grantee shall be delivered personally or mailed to the Grantee's current address according to the Company's personnel files. Such addresses for the service of notices may be changed at any time, provided written notice of the change is furnished in advance to the Company or to... the Grantee, as the case may be.View More
Notices. All notices hereunder to the Company shall be delivered or mailed to it addressed to the Secretary of Banc of California, Inc., 18500 Von Karman Avenue, Suite 1100, Irvine, California 92612. Any notices hereunder to the Grantee Optionee shall be delivered personally or mailed to the Grantee's Optionee's current address according to the Company's personnel files. Such addresses for the service of notices may be changed at any time, provided written notice of the change is furnished in advance to... the Company or to the Grantee, Optionee, as the case may be. View More
Notices. Except as otherwise provided herein, all communications hereunder shall be in writing and, if to the Underwriter, shall be mailed via overnight delivery service or hand delivered via courier, to BTIG, LLC, 600 Montgomery St., 6th Floor, San Francisco, CA 94111, General Counsel; with a copy to Latham & Watkins LLP, 140 Scott Drive, Menlo Park, California 941025, to the attention of Brian J. Cuneo; and (ii) if to the Company, shall be mailed or delivered to it at Eiger BioPharmaceuitcals, Inc.,... 350 Cambridge Ave., Suite 350, Palo Alto, CA 94306, to the attention of Chief Executive Officer; with a copy to Cooley LLP, 3175 Hanover Street Palo Alto, CA 94304, to the attention of Glen Y. Sato. Any party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose.View More
Notices. Except as otherwise provided herein, all communications hereunder shall be in writing and, if to the Underwriter, Underwriters, shall be mailed via overnight delivery service or hand delivered via courier, to BTIG, Citigroup Global Markets Inc., 388 Greenwich Street, New York, New York 10013, General Counsel; Jefferies LLC, 600 Montgomery St., 6th Floor, San Francisco, CA 94111, 520 Madison Avenue, New York, New York 10022, General Counsel; with a copy to Latham & Watkins LLP, 140 Scott Drive,... Menlo Park, California 941025, to the attention of Brian J. Cuneo; and (ii) if to the Company, shall be mailed or delivered to it at Eiger BioPharmaceuitcals, BioPharmaceuticals, Inc., 350 Cambridge Ave., Suite 350, Palo Alto, CA 94306, to the attention of Chief Executive Officer; with a copy to Cooley LLP, 3175 Hanover Street Palo Alto, CA 94304, to the attention of Glen Y. Sato. Carlton Fleming. Any party to this Agreement may change such address for notices by sending to the parties to this Agreement written notice of a new address for such purpose. View More
