Clause 10 Sample Clauses

Clause 10. 3.2 does not apply in the event where a Party is compensated or allowed to recoup such Tax via alternative mechanisms. Invoicing and Payment Procedure Invoices for all payments due under this Agreement shall be submitted by the Seller to NamPower by the seventh (7th) day (or, if such day is not a Business Day, the immediately following Business Day) of each month following that in respect of which they are payable. Each invoice shall be due and payable on or before the thirtieth (30th) day after the invoice is received (or, if such day is not a Business Day, the immediately following Business Day). Any amount properly due from one Party to the other Party pursuant to this Agreement and remaining unpaid after the due date shall bear interest from the date when payment was due, such interest to accrue daily and be compounded monthly at a rate equal to the Agreed Interest Rate from the date when payment was due until the amount due is actually received by the payee. Any overpayments by either Party resulting from an invoicing error or an error in payment shall be refunded by the other Party, together with interest at the Agreed Interest Rate and thereafter a new invoice shall be issued. Should NamPower dispute an invoice it shall notify the Seller within five (5) Business Days of receipt of such an invoice. NamPower shall not be entitled to defer payment thereof beyond the date specified for payment but shall pay such an invoice except in instances of manifest error. In the event the Parties fail to resolve a dispute regarding an invoice within fifteen (15) days, either Party shall be entitled to refer the dispute for dispute resolution for a determination. In the event it is found that an error was made on the invoice, such invoice shall be cancelled and thereafter a new invoice shall be issued within ten (10) days from the resolution of such dispute. . In case of a manifest error on an invoice, NamPower shall immediately notify the Seller, and the Seller shall issue a corrected invoice. Should an invoice be in error as a result of a metering or reconciliation error, the payments shall be recalculated as soon as practicable following the correction of the metering error and any over-payment or under-payment corrected in the invoice for the month following the receipt of the correct metered data. The Seller shall notify NamPower of its Namibian bank account details for payment by NamPower to the Seller. In the event that the Seller is required to pay to NamPo...
Clause 10. 3.1 above shall not apply with respect to any Tax assessed on a Finance Party:
Clause 10. 6.3 above shall not oblige a Finance Party to do anything which would or might in its reasonable opinion constitute a breach of any law or regulation, any fiduciary duty, or any duty of confidentiality.
Clause 10. Nothing in clause 10 (except clause 10.11) applies to a transfer of Ordinary Shares in the Second Opening.
Clause 10. 1.1(c) of the Framework Agreement shall be deleted and replaced by the insertion of:
Clause 10. 1.1 shall not prevent the disclosure of Buyer Confidential Information by the Seller or (as the case may be) Seller Confidential Information by the Buyer:
Clause 10. The issue date of the Business License of the Company is the date of establishment of the Company. The term of operation of the Company is 30 years from the date of establishment of the Company. The term of operation of the Company can be renewed six months prior to the expiry date of operation of the Company upon the Shareholdersconsent. Clause 11 The Shareholders undertake limited liability to the Company to the extent of its share of capital contribution. The Company shall carry out operation regulated in accordance with The Company Law of the People’s Republic of China and is a legal-person entity which has independent accounts, operates autonomously and bears its own profit/loss. The Company undertakes its liability obligations with its entire assets. Clause 12 The shortfall between the total investment of the Company’s two 1000MW units project and the registered capital of the Company shall be settled by financing by the Company. Apart from paying in accordance with Clause 6 of this agreement, Party A shall not make further contribution in respect of the shortfall between the Company’s total investment and the Company’s registered capital. Also, Party A shall not provide guarantee, pledge or any warranties for financing the Company. Clause 13 The physical assets (not including any asset within the scope of asset contribution by Party A) of the Phase IV project of Zouxian Plant formed by borrowings from financial institutions such as banks by Party A for the Phase IV project of Zouxian Plant and the balance of the funding shall be entirely transferred to the Company and shall be converted to loans of the Company upon its establishment. Clause 14 Shareholders can transfer the whole or part of its equity interest among each other. They can also transfer their entire or part of their equity interest to persons other than shareholders of the Company. Shareholders transferring equity interest to persons other than shareholders of the Company shall obtain approval from the majority of other shareholders. Shareholders shall ask for consent from other shareholders by written notice in respect of the transfer of equity interest. If there is no response within 30 days from the receipt of the written notice by other shareholders, the recipients shall be deemed as agreeing to the transfer. If more than half of other shareholders do not agree to the transfer, the shareholders not agreeing to the transfer shall acquire the equity interest to be transferred. Disse...