“Employer Party” has the meaning in Section 13.1(c).
“Evaluation Process” has the meaning set forth in Section 3.2(e).
“Examination Notice” has the meaning in Section 10.2(d).
“Excess Payments” has the meaning in Section 1(d) of Exhibit F.
“Exclusive Employees” has the meaning in Section 14.8(a)(iii).
“Fee” means the Early Termination Fee or the Post-Initial Term Fee.
“Fee Based Product” has the meaning in Section 13.2.
“FERPA” has the meaning in Section 6.1.
“Financial Expert” has the meaning in Section III of Part C of Exhibit D.
“Financial Reports” means the Reports prepared and delivered under this Agreement, which relate to financial and accounting matters of New University, Contributor or the functions each Party performs in connection with this Agreement, including the Reconciliation Statements, the Agreed Reconciliation Statements, the Unpaid Funds Reports, and the Termination Fee Report.
“Fiscal Year” means the fiscal year of New University, beginning on July 1 and ending on June 30.
“GAAP” means the generally accepted accounting principles for the United States as in effect at the time the applicable financial statements or other calculations or statement were prepared, consistently applied.
“GLB” has the meaning in Section 6.1.
“Governmental Entity” means any court, administrative agency, commission or other governmental authority, body or instrumentality, supranational, national, federal, state, provincial, local, municipal, domestic or foreign government or governmental or regulatory authority or any self-regulatory authority or arbitral or similar forum of any nature, including any agency, branch, bureau, commission, department, entity, official or political subdivision, whether domestic or foreign, including any Educational Agency.
“Guaranty” has the meaning in Section 14.8(c)(ii)(2).
“HEA” means the Higher Education Act of 1965, 20 U.S.C. § 1001 et seq., as amended, or successor statutes thereto.
“HR Evaluation Standard” has the meaning in Section 2.2(f).
“ICA” has the meaning in the Prologue.
“Independent Accounting Firm” has the meaning in Section 10.2(e).
“Initial Budget” has the meaning in Section 4.1(a).
“Initial Term” has the meaning in Section 14.1.
“Institutional Assets” has the meaning in Recital E.
“Intellectual Property Rights” means, on a worldwide basis, any and all: (i) rights associated with works of authorship, including copyrights, moral rights and mask-works; (ii) trademarks and service marks; (iii)
Exhibit A - Definitions