Subject to Clause 12. 4.1 above, Nuvectis shall consent to the cancellation of any formal licence granted to it, or of any registration of it in any register, in relation to any of the Licensed Patents and/or Additional Licensed Patents licensed as part of the Collaboration IP;
Subject to Clause 12. 1, the Supplier’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to 50% of the total charges paid under the Contract.
Subject to Clause 12. 5, Licensee may terminate the license for the applicable Licensed Product(s) at any time by uninstalling and destroying the relevant Licensed Product and Documentation and all copies thereof.
Subject to Clause 12. 2, all Intellectual Property in the Study Materials will vest automatically upon its creation in the Sponsor, and the Institution presently assigns to the Sponsor all Intellectual Property rights contained in the Study Materials. The Institution agrees to execute or procure the execution by its Personnel of any documents reasonably necessary to give effect to this assignment, at the Sponsor’s expense.
Subject to Clause 12. 2, no party shall make, or permit any person to make, any public announcement, communication or circular (announcement) concerning the existence, subject matter or terms of this agreement, the wider transactions contemplated by it, or the relationship between the parties, without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed). The parties shall consult together on the timing, contents and manner of release of any announcement.
Subject to Clause 12. 5 hereof, the Borrower shall indemnify the Lender and any other person appointed by it and their respective officers and employees against all claim, liabilities, damages, costs and expenses of any kind which may be incurred by them and all actions or proceedings which may be brought by or against them in connection with the provision of the Loan and/or the enforcement of this Agreement and this indemnity shall continue notwithstanding the termination of this Agreement.
Subject to Clause 12. 1, in the event the Supplier decides that the payment was incorrect, the surplus or deficit amount shall be settled by a refund by either the Supplier or the Client accordingly.
Subject to Clause 12. 1 the Courier’s liability to the Client for physical direct loss or damage to the goods is also subject to the exclusions set out in the “Institute Cargo Clauses A and Strikes (Cargo) Clauses” issued by the London Institute Underwriters as amended by them from time to time.
Subject to Clause 12. 1.1 (Breach of Agreement), in the event that a matter is referred to dispute resolution in terms of Clause 13 (Dispute Resolution), the Independent Engineer shall continue with its Certification Services and Additional Services (as applicable) until the relevant Plant Completion Form or other work product has been issued.
Subject to Clause 12. 6.6, a Notice shall be effective upon receipt and shall be deemed to have been received:
