Common Terms. In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 10 (Non-Petition and Limited Recourse) of the Common Terms.
Common Terms. (a) Except as provided below, the Common Terms apply to this Agreement and shall be binding on the Transaction Parties to this Agreement as if set out in full in this Agreement.
Common Terms. 43. The provisions of Parts Four, and Five, Articles XXIII through LII below, apply to this Part Two and are incorporated herein by reference. PART THREE REMEDIAL AND CORRECTIVE ACTIONS
Common Terms. In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 3 (Limited Recourse, No Lien Or Set-Off, No Petition) of the Common Terms.
Common Terms. 85. The provisions of Parts Four and Five, Articles XXIII through LII below, apply to this Part Three and are incorporated herein by reference. PART FOUR INTEGRATION OF EPA AND ECOLOGY RESPONSIBILITIES
Common Terms. 3.1 Contractual recognition of bail-in
Common Terms. (i) Unless otherwise defined herein, all capitalized terms shall have the meanings set forth in the Common Terms Agreement, dated as of even date herewith, between Affymetrix and Roche (the “Common Terms Agreement”).
Common Terms. (a) This Community Housing Assistance Agreement is entered into and incorporates the Common Terms.
Common Terms. The Collateral Agent shall be named as additional insured and, together with Borrower as the only loss payees, as their interests may appear, on terms and conditions set forth in this clause (iii) in respect of the insurance policies required to be maintained pursuant to Section 5.05(b)(i) and Section 5.05(b)(ii). All policies of insurance required to be maintained pursuant to such Sections shall provide, either as a clause in, or an endorsement to, such policies, that (A) there shall be no recourse against the Collateral Agent or any Collateral for payment of premiums or other amounts with respect thereto, and (B) the insurers will endeavor to provide the Collateral Agent with at least 15 days’ prior written notice of reduction in coverage or amount (other than a reduction in coverage or amount resulting from a payment thereunder), cancellation (including in the case of nonpayment of premiums) of any policy. If Borrower fails or may fail to timely file any proof of loss, the Collateral Agent shall have the right to submit such proof of loss in the place of Borrower, subject to compliance by the Collateral Agent with the terms and conditions of the applicable policy. Each such policy shall, either as a clause in, or an endorsement to, such policies, (A) waive any right of subrogation against the Collateral Agent (and its officers, employees, agents and insurers), (B) provide that the insurance be primary and not excess to or contributory to any insurance or self-insurance maintained by Borrower and (C) waive any right of the insurers to any set off or counterclaim or any other deduction (other than non payment of premiums). All endorsements referred to in this Section 5.05(b)(iii) with respect to insurance currently held by or on behalf of Borrower shall be delivered no later than 180 days after the Closing Date.
Common Terms. 5.1.1. The Seller shall give the Buyer written notification (via SPF in the case of Three-party Agreements) if shortfalls in the number of weaners available from the Seller are expected to reduce the size of the Consignment dispatched to the Buyer. Said notification shall be given at the latest: - for 30-kg pigs: 6 week-numbers before the agreed delivery week - for 7-kg pigs: 3 week-numbers before the agreed delivery week The Buyer shall be obliged to limit his losses by accepting delivery of weaners from at most one alternative supplier herd with the same Health Status as the Seller's herd, incl. any specific requirements and conditions, cf. the Pig Circle Contract. Said obligation to accept pigs from an alternative herd shall only apply for the week in which deficiencies were ascertained. In the event of subsequent deficiencies in numbers, the obligation shall only apply if pigs are available from the same alternative supplier herd. Should the Buyer refuse to accept pigs from another herd, his right to compensation for the deficiency shall be waived. Should the Seller fail to provide notification of reduced Consignment size in accordance with the 6 and 3 week periods of notice specified above, the Buyer's obligation to purchase pigs from an alternative herd shall be waived.
