If H. I.S. determines that an examination or medical treatment by a doctor is necessary for a customer due to disease, bodily injury, or any other reason during travel, H.I.S. will take necessary measures in order to secure smooth implementation of travel. Any and all expenses required for such measures will be borne by the customer.
If H. I.S. bears the liability set out in the preceding Section (H.I.S.’s Liability), the indemnity under this Section will be allocated to the damage liability to be borne by H.I.S., either in whole or in part.
If H. E.R. uses a contractor to perform the annual smoke opacity testing required under the PSIP Regulation, in addition to having the fleet maintenance manager (or equivalent) attend the CCDET I or CARB course, H.E.R. shall obtain proof that the contractor’s staff conducting the smoke opacity tests completed the CCDET I course within the past four years. This proof of CCDET I completion shall be provided to CARB with PSIP Regulation records as required by this Settlement Agreement and be maintained with the annual PSIP Regulation records.
If H. M. Customs and Excise rule in writing that the transfer of the Business pursuant to this agreement does not fall within the provisions of Article 5 then the Seller shall notify the Purchaser of such ruling immediately upon its being so advised by H.M. Customs and Excise and the Purchaser shall, in addition to the consideration, pay to the Seller (against the production of a valid VAT invoice and a certified copy of the ruling) the amount of any VAT which is chargeable in respect of the transfer of the Business:
If H. M. Revenue & Customs determine that VAT is chargeable in respect of the transfer of all or any part of the Business pursuant to this Agreement (which for the purposes of this clause includes VAT chargeable in respect of the transfer of any of the Business Assets pursuant to this Agreement), the Business Purchaser shall, in addition to the purchase price pay to the Business Seller on Closing or, if later, 5 Business Days after receipt of notice from the Business Seller of that determination and against delivery of a valid VAT invoice the amount of any VAT which is chargeable in respect of the transfer of the Business.
If H. I.S. has executed a special agreement in writing that does not violate a law or ordinance and that is of a scope that does not inconvenience the traveler, then, notwithstanding the provisions of Clause 1.1, that special agreement will take precedence.
If H. I.S. intends to cancel a Package Tour Agreement due to the reason stated in item 5 of Clause 17.1, H.I.S. shall notify travelers to the effect that the tour has been canceled, before the 13th day (the third day for one-day tours) for Domestic Tours and before the 23rd day (the 33rd day for tours that start in a peak season provided for in the table in Appendix 1) for Overseas Tours, counting backwards from the day before the tour-start date.
If H. I.S. cancels a Package Tour Agreement based on the provisions of Clause 18.1, the contractual relationship between H.I.S. and the traveler will be extinguished for future matters only. In that case, debts owed by H.I.S. related to Tour Services already received by the traveler will be deemed to have been validly repaid.
If H. I.S. cancels a Package Tour Agreement after the tour started in accordance with the provisions of item 1 or item 4 of Clause 18.1, H.I.S. shall, in accordance with the traveler’s request, make arrangements for Tour Services necessary for the traveler to return to the tour’s departure point.
If H. I.S. bears a liability based on the provisions of Clause 27.1 with respect to compensation for damage stipulated in Clause 28.1, the compensatory payment stipulated in Clause 28.1 that H.I.S. is to pay will be deemed to be the compensation for damage, limited to the amount of compensation for damage to be paid based on the liability.
