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Mid-Con Energy Partners LP owns, operates, acquires and develops oil natural gas properties in North America, with a focus on enhanced oil recovery. Mid-Con Energy Partners was founded by Charles R. Craig George. Its core areas of operation are located in Oklahoma, Texas and Wyoming. Craig George Jeffrey R. Olmstead in July 2011 and is headquartered in Tulsa, OK.
Houchin 41 2018 Chief Financial Officer Mr. Boulware 63 2020 Director Mr. Travis Goff - 2020 Director Mr. Reynolds - 2020 Director Ms. Morgan 52 - Chief Accounting Officer. 03 07 2019 Charles L. McLawhorn VP General Counsel Director 20,000 Award at 0. 19,400 03 01 2019 Jeffrey Randy Olmstead Chief Executive Officer; Director 20,000 Award at 0.
19,400 03 01 2019 Sherry L. Morgan Chief Accounting Officer 15,000 Award at 0. 14,550 03 01 2019 Charles L. McLawhorn VP General Counsel Director 20,000 Award at 1. 07 per share. 21,400 01 31 2019 Jeffrey Randy Olmstead Chief Executive Officer; Director 20,000 Award at 1. 21,400 01 31 2019 Peter August Leidel Director 10,000 Award at 1.
10,700 01 31 2019 Charles Fredrick Ball Director 10,000 Award at 1. Houchin Chief Financial Officer 15,000 Award at 1. 16,050 01 31 2019 Sherry L. 10,700 01 31 2019 Philip R. Morgan Chief Accounting Officer 15,000 Award at 1. 16,050 01 31 2019 Cameron O. Smith Director 10,000 Award at 1. 10,700 01 31 2019 Charles L. McLawhorn VP General Counsel Director 40,000 Award at 0 per share. 0 01 21 2019 Jeffrey Randy Olmstead Chief Executive Officer; Director 40,000 Award at 0 per share.
0 01 21 2019 Philip R. Houchin Chief Financial Officer 30,000 Award at 0 per share. 0 01 21 2019 Sherry L. Morgan Chief Accounting Officer 30,000 Award at 0 per share. 0 01 21 2019 Charles L. McLawhorn VP General Counsel Secretary 30,000 Award at 0 per share. 0 12 31 2018 John C. Goff 100,000 Acquisition at 0. 78 per share. 78,000 12 31 2018 John C. Goff 280,000 Acquisition at 0. 218,400 12 27 2018 John C. Goff 10,000 Acquisition at 0. 76 per share. 7,600 12 27 2018 John C. Goff 30,000 Acquisition at 0.
22,800 12 26 2018 John C. Goff 15,000 Acquisition at 0. 10,950 12 26 2018 John C. Goff 65,000 Acquisition at 0. MarketWatch News on MCEP. Mid-Con Energy Partners stock price target cut to 90 cents from 1. Mid-Con Energy Partners stock price target cut to 1. July 24, 2017. Mid-Con Energy downgraded to market perform from outperform at FBR Co. Mid-Con Energy stock price target cut to 4 from 6 at FBR Co.
Mid-Con Energy downgraded to neutral from buy at UBS. Mid-Con Energy stock price target cut to 3 from 6. Mid-Con Energy downgraded to underperform from market perform at Raymond James. March 14, 2013. Other News on MCEP. June 22, 2020. - Edgar Online - EDG 10Q, 10K. March 20, 2020. Mid-Con Energy Partners LP. 2431 East 61st Street. Tulsa, Oklahoma 74136. Companies on the Energy Service. Press Releases on MCEP. March 12, 2020.
March 11, 2020. March 3, 2020. news latest 6 00a. Previous Close 2. 36 Day Range 2. 37 52 Week Range 1. 20 Market Cap 33. 78M Shares Outstanding 1. 56M Public Float 4. per Employee 671. 14K P E Ratio n a EPS -6. 25 Yield n a Dividend n a Ex-Dividend Date n a Short Interest 61. 23K 08 31 20 of Float Shorted 1. 30 Average Volume 591. 50 1 Month -25. 57 3 Month -19. Upstream MLPs Bounce Back; Linn Is Top Rebounder. Plucked From the Carnage 6 Energy Stocks and MLPs.
UBS sees opportunity in MLPs after sector downturn. How to Boost a High MLP Yield with Options. Laredo Petroleum leads trio of energy IPOs. Michael Kors opens up 25 ; energy IPOs mixed. Oil Companies That Sold Shares During Collapse Are Now Riding High. The Real-Estate Magnate Who s Riding the Hottest Stock in the Oil Patch. Energy Companies Seek Conversations With Banks on Evaluating Collateral.
MLPs The Oil Market s Lost Children. Tuesday, Nov. 5 Coca-Cola Bottling Ready to Pop. Stocks to Watch IBM, Intel, Fortinet. Stocks to Watch Citigroup, Bankrate, New Frontier Media. RIOT, PBI, KODK and ALRM among midday movers. NAK, EXK among premarket gainers. Contango Oil taps Dakan as new President, hires two execs from Mid-Con. 10-Q CONTANGO OIL GAS CO. Mid-Con Energy Partners The Market Is Finally Beginning To Understand.
SSL, CCL among premarket losers. NCLH, DKNG among premarket losers. Mid-Con Energy Partners Trading Mania Drives Its Unit Price Up. Mid-Con Energy Partners shares skyrockets post Q1 results. SKT and IQ among premarket gainers. Mid-Con Energy Partners Reduced Cost Structure Due To Management Agreement With Contango And Preferred Unit Conversion. Mid-Con Energy Partners An Excellent Set Of Developments.
CHK, RIG among premarket gainers. Mid-Con completes recapitalization; Chairman CEO Olmstead resigns. Contango, Mid-Con Energy sign management services deal. AAL, RIG among premarket gainers. Mid-Con Energy Partners Potential Borrowing Base Reduction Could Leave It With Minimal Liquidity. Mid-Con Energy Partners Rising Production Costs May Lead To Negative Margins At Current Oil Prices.
Blueknight Announces Appointment of Chief Financial Officer. Contango Announces Management Promotion and Additions; Clarifies Recent Share Registrations. Mid-Con Energy Partners, LP Announces First Quarter 2020 Operating and Financial Results, and Details of Recently Announced Strategic Recapitalization Transactions.
Contango Announces Fee for Service Addition to Corporate Strategy and Announces Signing of Management Services Agreement with Mid-Con Energy Partners. Mid-Con Energy Partners, LP Completes Strategic Recapitalization, Changes in Governance, Redetermination of Its Borrowing Base, and Selection of New Operator. Mid-Con Energy Partners, LP Announces Reverse Unit Split. Mid-Con Energy Partners, LP Announces Fourth Quarter and Full Year 2019 Operating and Financial Results.
Mid-Con Energy Partners, LP Schedules Fourth Quarter and Full Year 2019 Earnings Release. Mid-Con Energy Partners, LP Announces Quarterly Distribution on Preferred Units. Mid-Con Energy Partners, LP Announces Borrowing Base Redetermination. 10-Q MID-CON ENERGY PARTNERS, LP. Option C RISC. Dernier ajout 29 mai 2018. Articles de cette rubrique. Description La séquence de travaux pratiques vise à mettre en place une solution type triple play voix, données, images.
Les élèves doivent relever la configuration des matériels déjà configurés, préparer, adapter et installer les autres. Les documents. Le TP n 2 Analyse expérimentale de la liaison RS232 d un afficheur industriel présenté dans cet article est destiné aux sections Bac Pro Systèmes Numériques RISC. Son intérêt montrer comment instrumenter un système industriel réel de manière à rendre possible l observation et l analyse.
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25, 2019 PRNewswire -- InvestorsObserver issues critical PriceWatch Alerts for BIDU, COTY, CZR, IQ, and NIO. Click a link below to see an in-depth options trade idea report. Aqui está uma lista dos 5 indicadores mais populares e as maneiras de usá-los. Distribuição de indicadores pela sua popularidade entre usuários de aplicativos para dispositivos móveis. O Índice de Força Relativa IFR, ou RSI em inglês para Relative Strength Index é um oscilador de ímpeto, capaz de fornecer ao trader sinais de venda ou compra.
A lógica por trás do indicador é simples. Quando o ativo está sobrecomprado, seu preço é geralmente mais alto do que o mercado quer que seja e provavelmente ele diminuirá em breve. Por outro lado, quando o ativo está sobrevendido, seu preço é menor do que o que é considerado normal. Pode-se esperar, portanto, que o ativo se valorize em um futuro próximo. O IFR RSI pode ajudá-lo a determinar as posições de sobrecompra e sobrevenda.
Bandas de Bollinger 11,56. Não destinado a ser usado sozinho, esse indicador pode complementar os indicadores de acompanhamento de tendência ou osciladores, contribuindo para a eficácia geral de suas atividades de negociação. Quando o mercado está estagnado, geralmente é difícil prever a direção dos movimentos de preços futuros. As Bandas de Bollinger irão ajudar você a determinar a fase predominante no mercado. A alteração mais básica da média móvel, a Média Móvel Simples Simple Moving Average SMA, em inglês se destaca na estimativa da tendência predominante.
Às vezes a direção da tendência não é óbvia. Acontece também que uma tendência de médio prazo se comporta de maneira diferente da tendência de longo prazo. Nesses casos, o uso de uma MMS SMA é mais do que justificado. Esse indicador também pode ser combinado com indicadores de tipo diferente com o objetivo de fornecer sinais de compra e venda.
Oscilador Estocástico 8. O Oscilador Estocástico é uma ótima ferramenta de análise técnica, mas é difícil de dominar. Sendo um indicador de tipo oscilador, ele não segue a tendência. O seu único propósito é marcar períodos de alta e baixa volatilidade no gráfico de preços. Outra variação da conhecida ferramenta de média móvel. Bandas de Bollinger são um indicador de rastreamento de volatilidade.
A Média Móvel Exponencial Exponential Moving Average SMA, em inglês atende ao mesmo propósito que a MMS SMA. Em vez disso, o estocástico pode ajudar você a determinar os níveis de sobrecompra e sobrevenda você já sabe por que isso é importante, certo. Duas curvas são calculadas de forma um pouco diferente, mas ainda assim podem ser usadas alternadamente dependendo de suas preferências pessoais. Seja qual for o indicador escolhido, não se esqueça de estudá-lo e usá-lo corretamente. Identifique a tendência e use seja como uma ferramenta autônoma ou em combinação com outra para determinar os pontos de entrada ideais.
O indicador é apenas uma ferramenta nas mãos de um profissional bem preparado e não é capaz de fornecer resultados surpreendentes por si só. Aplique um dos indicadores sobre os quais você aprendeu hoje às suas negociações para obter melhores resultados. O ETF PowerShares QQQ, um índice de rastreamento Nasdaq 100.
Existem vários tipos diferentes de sinais de negociação que esse indicador enviará crossover cruzamentoconvergência e divergência. Nós Já Vimos Isso Antes. Para Onde Vai o Mercado Cripto. April 20, 2020. Today, in Thryv, Inc. Click-to-Call Technologies, LP 2020. Click-to-Call Technologies, LPthe Supreme Court ruled that the provisions of 35 U. 315 bwhich preclude a petitioner from filing an inter partes review petition more than one year after being served with a complaint alleging infringement, are barred from judicial review under 35 U.
The Court s decision reversed an en banc Federal Circuit opinion that the time bar was reviewable, Wi-Fi OneLLC v. Broadcom Corp.as well as the panel decision in the case at issue below. The case arose after a complicated history, involving U. 5,818,836, directed to methods for anonymizing telephone calls. The patent had been involved in litigation in 2001 involving a predecessor in interest to parties here, but that case had been dismissed without prejudice.
When Thryv filed its petition for inter partes review in 2013, Click-to-Call argued that this earlier suit precluded the Patent Trial and Appeal Board from instituting the IPR under the provisions of 35 U. 315 bwhich provides in relevant part. 315 b Patent Owner s Action. An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent.
The Board disagreed, instituted the IPR, and invalidated thirteen of the 836 patent claims under 102 or 103. Click-to-Call appealed, and the Federal Circuit dismissed the appeal for lack of jurisdiction under 314 d. 314 d No Appeal. The determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable.
Lee and accordingly granted the petition, vacated the Federal Circuit s judgment and remanded for consideration in view of Cuozzo. Click-to-Call petitioned for certiorari but in the interim the Supreme Court had decided Cuozzo Speed TechnologiesLLC v. Meanwhile, the Federal Circuit decided en banc in Wi-Fi One that the 315 b time bar was not closely related to the institution decision falling within the scope of 314 a and thus that the Board s determination of whether an IPR was reviewable was subject to the Court s review.
Accordingly, the Court granted a panel rehearing that decided that the 2001 infringement action started the one-year clock and the IPR was time-barred under 315 b. The Court s opinion also notes in a footnote that the Federal Circuit in its now overruled en banc WiFi One opinion held that the time bar could be triggered by a compliant that was voluntarily dismissed without prejudice, but that the Court s opinion today does not reach this issue.
Today s majority opinion cited the Federal Circuit dissent in Wi-Fi One by Judges Hughes, Lourie, Bryson, and Dyk, that 314 d conveys Congress clear and unmistakable intent to prohibit judicial review of the Board s inter partes review institution decision. The Supreme Court granted certiorari to consider the issue of whether 314 d precluded appellate review of the time bar determination by the PTAB under 315 b.
In an opinion by Justice Ginsberg, joined by the remainder of the Court except for Justice Gorsuch who wrote a dissent in which Justice Sotomayor joined, the Court found that 314 d precluded appellate review of the 315 b time bar. The Court s basis for this decision was the statutory language, that 314 d renders final and nonappealable the Director s decision whether to institute an inter partes review, a holding the Court attests is consistent with Cuozzo.
Justice Ginsberg s opinion was succinct. O ur interpretation applies where the grounds for attacking the decision to institute inter partes review consist of questions that are closely tied to the application and interpretation of statutes related to the Patent Office s decision to initiate inter partes review. According to the majority, the time bar question is closely tied to the statutory provisions precluding judicial review because 315 b sets forth a circumstance in which a n inter partes review may not be instituted.
The opinion finds that w e need not venture beyond Cuozzo s holding that 314 d bars review at least of matters closely tied to the application and interpretation of statutes related to the institution decision, for a 315 b challenge easily meets that measurement. The opinion calls the time bar integral to, indeed a condition on, institution in support of its holding that 314 d bars review of PTAB decisions under 315 b. The majority voiced policy concerns that if a patent owner was allowed to appeal Board determinations under 315 bsuch appeals would tug against that objective providing an efficient mechanism for weeding out bad patents, a term that is usually a signal on the philosophical leanings of the Courtwasting the resources spent resolving patentability and leaving bad patents enforceable.
The Court foresaw that a patent owner would appeal on 315 b untimeliness grounds only if she could not prevail on patentability, and consequently 315 b appeals would operate to save bad patent claims. The agency s application of 315 b s time limit, we hold, is closely related to its decision whether to institute inter partes review and is therefore rendered nonappealable by 314 d.
The opinion further notes that, if Congress had wished to limit the extent of 314 d as patent owner and the dissent contend, it could have easily drafted the legislation to recite that the appellate review bar of 314 d be limited to Board determinations under 314 a. The Court also noted that its decision was consistent with the statutory scheme, which so consistently elevat es resolution of patentability above a petitioner s compliance with 315 b because the Board s adjudication on the merits is thereby preserved.
The opinion is also consistent with earlier decisions by the Court interpreting the statutory regime of inter partes review, including Cuozzo and SAS Institute Inc. These decisions taken together strongly suggest that if Congress wants an administrative agency to have authority that cannot be challenged by a reviewing Court it needs to expressly grant that unreviewability status to the agency by statute.
As a consequence of these decisions, the only challenge that may be available to a frank disregard of the 315 b time limit by the Board would be to raise such a challenge on due process grounds, an option that the Court left open explicitly in Oil States Energy Serv. The dissent by Justice Gorsuch provides a different interpretation of the statute and would limit the scope of the 314 d reviewability bar to the institution decision and not bar any other provisions of the statute relating to inter partes review.
Greene s Energy Group LLC. Today the Court takes a flawed premise that the Constitution permits a politically guided agency to revoke an inventor s property right in an issued patent and bends it further, allowing the agency s decision to stand immune from judicial review. Worse, the Court closes the courthouse not in a case where the patent owner is merely unhappy with the merits of the agency s decision but where the owner claims the agency s proceedings were unlawful from the start.
Most remarkably, the Court denies judicial review even though the government now concedes that the patent owner is right and this entire exercise in property-taking-by-bureaucracy was forbidden by law. The dissent expresses a worry the majority s decision puts patentees as property holders at bureaucratic mercy without recourse to courts.
No matter how wrong or even purposefully evasive, the Director s assessment of a petition s timeliness is always immune from review is the consequence of the majority decision, according to the dissent, and even without any ill intention t he Board can err such errors are beyond the scope of judicial review at least with regard to any issue involving institution decisions. The dissent finds in the statutory language little textual support for the majority s construction, for examplethere being nothing in 315 b regarding a determination by the Director such as is found in 314.
To pretend otherwise would invite a linguistic nonsense and practical nonsense as well according to Justice Gorsuch. In the views of the dissenting Justices. The dissent also reminds the majority and us that there is a presumption of judicial review that serves an important purpose under our law. Relying on The Federalist No. 48, the dissent reminds us what the Founders considered to be important about separation of powers and checks and balances between the three branches and the particular importance of the judiciary in giving citizens a remedy when aggrieved by decisions from the other branches.
The Justices are less concerned about or convinced that Congress s intent in establishing inter partes review proceedings to be an efficient way of ferreting out bad patents. In their view, there is ample evidence that Congress also included provisions to preserve the value of patents and protect the rights of patent owners. The Justices opine that it would be surprising to think Congress might have imposed an express limit on an executive bureaucracy s authority to decide the rights of individuals, and then entrusted that agency with the sole power to enforce the limits of its own authority.
Justice Gorsuch writes alone in the final section of the dissent, where he reiterates his view that the majority s decision takes us further down the road of handing over judicial powers involving the disposition of individual rights to executive agency officials which he believes began with the Court s decision in Oil States a decision from which he also dissented.
The Justice analogizes the consequences of that decision, where the Court determined the patent right to be a public franchise and not a property right to land grants. For those rights, n o one thinks we would allow a bureaucracy in Washington to cancel a citizen s right to his farm, and plainly the Justice doesn t think the bureaucracy that is the Patent Office should be doing so for patents, citing Hovey v.
1846in support of patent rights being property rights akin to land grants. And the Justice is also concerned that. 6,742 CC Mass. The abdication of our judicial duty comes with a price. The Director of the Patent and Trademark Office is a political appointee. The AIA vests him with unreviewable authority to institute or not inter partes review.
Those who are not so fortunate proceed to an administrative trial before a panel of agency employees that the Director also has the means to control. Nothing would prevent him, it seems, from insulating his favorite firms and industries from this process entirely. The AIA gives the Director the power to select which employees, and how many of them, will hear any particular inter partes challenge.
It also gives him the power to decide how much they are paid. And if a panel reaches a result he doesn t like, the Director claims he may order rehearing before a new panel, of any size, and including even himself. No one can doubt that this regime favors those with political clout, the powerful and the popular. Consider Mr. But what about those who lack the resources or means to influence and maybe even capture a politically guided agency.
DuVal, who 25 years ago, came up with something the Patent Office agreed was novel and useful. His patent survived not only that initial review but a subsequent administrative ex parte review, a lawsuit, and the initiation of another. Yet, now, after the patent has expired, it is challenged in still another administrative proceeding and retroactively expunged by an agency that has, by its own admission, acted unlawfully.
That is what happens when power is not balanced against power and executive action goes unchecked by judicial review. Rather than securing incentives to invent, the regime creates incentives to curry favor with officials in Washington. And perhaps foreshadowing the issues the Court will grapple with in future, the Justice notes that Article III courts have abdicated their authority to the PTAB as an Article I court in cases like XY, LLC v.
and Fresenius USA, Inc. Baxter Int lInc. Trans Ova Genetics, L. The dissent concludes. Two years ago, this Court sanctioned a departure from the constitutional plan, one in which the Executive Branch assumed responsibilities long reserved to the Judiciary. Today we compound that error, not only requiring patent owners to try their disputes before employees of a political branch, but limiting their ability to obtain judicial review when those same employees fail or refuse to comply with the law.
Nothing in the statue commands this result, and nothing in the Constitution permits it. The concerns expressed in the dissent are consistent with Justice Gorsuch s dissent in Oil States ; what may be more interesting is Justice Sotomayor joining in expressing these concerns although the Justice did not join the part of the dissenting opinion where these concerns were most strongly raised. Click-to-Call Technologies, LP 2020 Opinion by Justice Ginsberg, joined by Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh, joined by Justices Thomas and Alito except for Part III C; dissenting opinion by Justice Gorsuch, joined by Justice Sotomayor as to parts I, II, III, and IV.
In so doing, we denied inventors the right to have their claims tried before independent judges and juries. Under Michelle Lee, how many patents owned by Google were invalidate by the PTAB. How many patents being asserted against Google in litigation did the PTAB invalidate. Gorsuch 2, majority 0. Gorsuch is the ONLY Justice I respect of Our Judicial Mount Olympus. Justice Gorsuch s problem is not with the majority decision, but with the statute itself.
Unfortunately for his argument, this case was not a due process challenge to the statute. He will have more opportunities to show his deep concern for power-grabbing and over-reaching by the Administrative branch. A consistent approach would be welcome. Partners of Sterling invest in behavioral science platform Datacubed. Thoma Bravo shops Planview, GPs at Sterling Partners invest 30m in behavioral health platform, As pandemic taxes connectivity, GI Partners sees ripe environment for.
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4 Licensee acknowledges and agrees that Licensee is solely and wholly responsible and liable for any and all Modifications, Licensee Products, and any and all other products and or services of Licensee, including without limitation, with respect to the installation, manufacturing, testing, distribution, use, support and or maintenance of any of the foregoing. THE CONTENT IS PROVIDED BY ON SEMICONDUCTOR TO LICENSEE HEREUNDER AS IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, ON SEMICONDUCTOR AND ITS LICENSORS SUPPLIERS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN RELATION TO THE CONTENT, ANY MODIFICATIONS, OR THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,INCLUDING WITHOUT LIMITATION ANY AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE USAGE, TRADE CUSTOM OR TRADE PRACTICE.
No Support Obligation. Licensee acknowledges and agrees that ON Semiconductor and its licensors suppliers has no and shall have no obligation or responsibility whatsoever under this Agreement to provide to Licensee, Customers, or any third party, any maintenance, support or assistance Supportincluding without limitation in relation to the Content, Software, Modifications or Licensee Products, and ON Semiconductor and its licensors suppliers cannot and shall not be held liable or responsible to Licensee, Customers, or any third party for the failure to provide any such Support.
However, during the term of this Agreement ON Semiconductor may from time-to-time in its sole discretion provide such Support to Licensee, and provision of same shall not create nor impose any future obligation on ON Semiconductor to provide any such Support. Such Support may include provision by ON Semiconductor to Licensee of updates and or upgrades to the Content, which may include bug fixes and or error corrections, and any such updates and or upgrades to the Software provided by ON Semiconductor to Licensee shall be deemed and considered to be the Software hereunder and shall be governed by the terms and conditions of this Agreement.
Licensee is and shall be solely responsible and liable for any Modifications and for any Licensee Products, and for testing the Software, Modifications and Licensee Products, and for testing and implementation of the functionality of the Software and Modifications with the Licensee Products. The term of this agreement is perpetual unless terminated by ON Semiconductor as set forth herein. 2 Termination by ON Semiconductor. ON Semiconductor shall have the right to terminate this Agreement upon written notice to Licensee if i Licensee commits a material breach of this Agreement and does not cure or remedy such breach within thirty 30 days after receipt of written notice of such breach from ON Semiconductor; or ii Licensee uses the Software outside of the scope of the Agreement; or iii Licensee becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors if such petition or proceeding is not dismissed with prejudice within sixty 60 days after filing.
The following Sections of this Agreement shall survive the termination or expiration of this Agreement for any reason 2. iq option 1 minuto, 3, 4, 5, 7, 8, 9 and 10 excluding only the record retention obligations and audit rights set forth in Section 11. 3 Effect of Termination Expiration. 6, which obligations and rights shall terminate upon termination of the Agreement. 1 b iii of this Agreement prior to the effective date of such termination or expiration of this Agreement, shall not be effected solely by reason of such termination or expiration of this Agreement.
Any Content or Modifications distributed by Licensee to Customers pursuant to Section 2. Upon the effective date of termination of this Agreement, all licenses granted to Licensee hereunder shall terminate and Licensee shall cease all use, copying, modification and distribution of the Content and shall promptly either destroy or return to ON Semiconductor all copies of the Content in Licensee s possession or under Licensee s control.
Within 30 days after the termination of the Agreement, Licensee shall furnish a statement certifying that all Content and related documentation have been destroyed or returned to ON Semiconductor. Licensee agrees that it shall comply fully with all relevant and applicable export laws and regulations of the United States or foreign governments Export Laws to ensure that neither the Content, nor any direct product thereof is i exported directly or indirectly, in violation of Export Laws; or ii intended to be used for any purposes prohibited by the Export Laws, including without limitation nuclear, chemical or biological weapons proliferation.
ON SEMICONDUCTOR AND ITS LICENSORS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES OR ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCESTRICT LIABILITY OR OTHERWISE, FOR ANY LOST REVENUE OR PROFITS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE SOFTWARE, MODIFICATIONS, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
ON SEMICONDUCTOR S TOTAL LIABILITY FOR ANY AND ALL COSTS, DAMAGES, CLAIMS, INDEMNIFICABLE CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCTS SUPPLIED BY THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY LICENSEE TO ON SEMICONDUCTOR FOR THE CONTENT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. Licensee acknowledges and agrees that Licensee is solely and wholly responsible and liable for any and all Modifications, Licensee Products, and any and all of Licensee s Products other products and or services, including without limitation, with respect to the installation, manufacturing, testing, distribution, use, support and or maintenance of any of the foregoing.
Licensee shall, at Licensee s sole expense, defend, indemnify and hold harmless ON Semiconductor and its subsidiaries and affiliates from and against any and all claims, demands, suits, actions, and proceedings Claim sand all related damages, costs, and expenses including reasonable attorneys feesarising from, related to or in connection with Modifications, Licensee Products, and the Content in combination with Modifications and or Licensee Products, including without limitation, in relation to product liability or infringement of third party rights.
Licensee agrees that it shall not issue any press releases containing, nor advertise, reference, reproduce, use or display, ON Semiconductor s name or any ON Semiconductor trademark without ON Semiconductor s express prior written consent in each instance; provided, however, that Licensee may indicate that the Licensee Product is interoperable with ON Semiconductor Products in product documentation and collateral material for the Licensee Product.
ON Semiconductor shall a notify Licensee promptly upon learning of such a Claim; b give Licensee reasonable information and assistance regarding such Claim; and c tender to Licensee authority to direct the defense of such Claim, including negotiation of any settlement in relation thereto, provided however that Licensee shall not enter into any such settlement without ON Semiconductor s express prior written consent, which consent shall not be unreasonably withheld.
Performance Comparisons. 1 Governing Law. Licensee shall not distribute externally or disclose to any Customer or to any third party any reports or statements that directly compare the speed, functionality or other performance results or characteristics of the Software with any similar third party products without the express prior written consent of ON Semiconductor in each instance; provided, however, that Licensee may disclose such reports or statements to Licensee s consultants i that have a need to have access to iq option 1 minuto reports or statements for purposes of the license grant of this Agreement, and ii that have entered into a written confidentiality agreement with Licensee no less restrictive than that certain NDA.
This Agreement shall be governed by the laws of the State of New York, and applicable U. federal law, without giving effect to conflict of law or to choice of law principles, and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods, if applicable. 2 Assignment. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.
Neither this Agreement, nor any of the rights or obligations herein, may be assigned or transferred by Licensee without the express prior written consent of ON Semiconductor, and any attempt to do so in violation of the foregoing shall be null and void. 3 Limitations on Use. The Software is not designed, developed, licensed or provided for use in connection with any nuclear facility, or in connection with the flight, navigation or communication of aircraft or ground support equipment, or in connection with military or medical equipment applications or activities, or any other inherently dangerous or high risk equipment applications or activities High Risk Use.
Licensee agrees that ON Semiconductor and its licensors suppliers shall not be liable or responsible for any claims, losses, demands, costs, expenses or liabilities whatsoever arising from or in relation to any such High Risk Use of the Content, Software, Modifications or Licensee Products by Licensee or Customers. 4 Severability; Waiver. Any provision of this Agreement which is held to be invalid or unenforceable by a court in any jurisdiction shall, as to such jurisdiction, be severed from this Agreement and ineffective to the extent of such invalidity or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
5 Remedies Not Exclusive. Failure by either party hereto to enforce any term of this Agreement shall not be held a waiver of such term nor prevent enforcement of such term thereafter, unless and to the extent expressly set forth in a writing signed by the party charged with such waiver. The remedies herein are not exclusive, but rather are cumulative and in addition to all other remedies available to ON Semiconductor.
6 Records; Audit. Licensee agrees that it shall maintain accurate and complete records relating to its activities under Section 2. 1 b iii of this Agreement during the term of this Agreement. Upon reasonable advance written notice, ON Semiconductor shall have the right no more frequently than once in any 12 month period during the term of the Agreement, through an independent third party approved by Licensee in writing such approval not to be unreasonably withheldto examine and audit such records and Licensee s compliance with the terms of Section 2.
Any such audit shall not interfere with the ordinary business operations of Licensee and shall be conducted at the expense of ON Semiconductor. 1 b iii of this Agreement. All reports, documents, materials and other information collected or prepared during an audit shall be deemed to be the confidential information of Licensee Licensee Confidential Informationand ON Semiconductor shall protect the confidentiality of all Licensee Confidential Information; provided that, such Licensee Confidential Information shall not be disclosed to any third parties with the sole exception of the independent third party auditor approved by Licensee in writing, and its permitted use shall be restricted to the purposes of the audit rights described in this Section 11.
Nothing in this Agreement shall be construed as creating a joint venture, agency, partnership, trust or other similar association of any kind between the parties hereto. 8 Interpretation. 9 Entire Agreement; Amendment; Counterparts; Facsimile Copies. In this Agreement, words importing a singular number only shall include the plural and vice versa, and section numbers and headings are for convenience of reference only and shall not affect the construction or interpretation hereof.
This Agreement, including the Exhibits attached hereto, constitutes the entire agreement and understanding between the parties hereto regarding the subject matter hereof and supersedes all other agreements, understandings, promises, representations or discussions, written or oral, between the parties regarding the subject matter hereof. This Agreement may not be amended except in writing signed by an authorized representative of each of the parties hereto. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and which together shall constitute one and the same agreement.
Each party hereto may deliver an executed copy of this Agreement to the other party via facsimile or other electronic means, and such executed copy ies sent received via facsimile or other electronic means shall be deemed an original and binding copy. 7 No Joint Venture, Agency, etc. The parties hereto are for all purposes of this Agreement independent contractors, and neither shall hold itself out as having any authority to act as an agent or partner of the other party, or in any way bind or commit the other party to any obligations.
Notwithstanding any terms to the contrary in any non-disclosure agreements between the Parties, Licensee shall treat this Agreement and the Content as ON Semiconductor s Confidential Information including not using the Confidential Information except as expressly set forth herein or otherwise authorized in writing; implementing reasonable procedures to prohibit the disclosure, unauthorized duplication, misuse or removal of the Confidential Information; and not disclosing the Confidential Information to any third party except as may be necessary and required in connection with the rights and obligations under this Agreement and subject to confidentiality obligations at least as protective as those set forth herein, or as otherwise required by law.
Upon termination of this Agreement or upon written request, License shall either return all Confidential Information to ON Semiconductor along with all copies and or derivatives made, including that on computer databases and copies of portions of the Confidential Information, or destroy all such Confidential Information and certify by written memorandum that all such Confidential Information has been destroyed.
It is expressly understood that all Confidential Information transferred hereunder, and all copies, modifications, and derivatives thereof, will remain the property of ON Semiconductor, and the Licensee is authorized to use those materials only in accordance with the terms and conditions of this Agreement. Fitting perfectly into tight baiting situations, the Protecta EVO AMBUSH is near to the ground, setting it up for the perfect surprise attack. The Most Advanced Low-Profile Bait Station.
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