In addition Sample Clauses
The "In addition" clause serves to introduce supplementary terms or obligations that are to be considered alongside those already stated in the agreement. Typically, this clause is used to clarify that certain rights, responsibilities, or remedies are cumulative and do not replace or limit other provisions within the contract. For example, it may specify that a party's right to seek damages is in addition to other remedies available under the agreement. Its core practical function is to ensure that the parties understand all applicable terms are cumulative, thereby preventing any misunderstanding that one provision might override or exclude another.
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In addition. The Warranty on your Charging Stations shall not apply if the original identification markings (for example, serial numbers and trademarks) have been defaced, altered or removed. THE WARRANTY APPLIES ONLY TO YOUR CHARGING STATION AND NOT TO ANY CHARGEPOINT SERVICE PLAN. CHARGEPOINT SPECIFICALLY DOES NOT WARRANT THAT ANY CHARGEPOINT SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO AGENT OF CHARGEPOINT IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF CHARGEPOINT. THE REMEDIES IN THIS LIMITED PRODUCT WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES. CHARGEPOINT MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY SET FORTH ABOVE. ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF CHARGEPOINT HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT, ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER EXPIRATION OF THE WARRANTY PERIOD. Some states or jurisdictions do not allow the exclusion of express or implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. CHARGEPOINT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS, LOST DATA, LOSS OF USE, OR COST OF COVER INCURRED BY YOU ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF, OR INABILITY TO USE, THE CHARGING STATIONS, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CHARGEPOINT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF CHARGEPOINT FOR ALL CLAIMS WHATSOEVER RELATED TO THE CHARGING STATIONS WILL NOT EXCEED THE PRICE YOU PAID FOR THE CHARGING STATIONS. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF CHARGEPOINT AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In addition. (i) All the representations and warranties in this Clause 20 are deemed to be made by each Obligor on the date of the Utilisation Request, on the Utilisation Date and on the Closing Date.
(ii) The representations and warranties in Clause 20.29 (Shareholder Documents) are deemed to be made by each Obligor on each day on which any agreement or document referred to therein is entered into on or after the date of this Agreement.
(iii) The representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) are deemed to be made on each day on which any Quarterly Financial Statements, Annual Financial Statements or Annual WXAT Financial Statements are delivered.
(iv) The Repeating Representations are deemed to be made by each Obligor on the first day of each Interest Period (except that, for the avoidance of doubt, the representations and warranties in paragraph (c) of Clause 20.13 (Original Financial Statements) with respect to any set of financial statements of the Borrower or WXAT shall cease to be made (with respect of such set of financial statements only) once subsequent financial statements of the Borrower or, as the case may be, WXAT have been delivered pursuant to this Agreement, but this is without prejudice to the making of the representations and warranties under such paragraph with respect to such subsequent financial statements).
(i) The Repeating Representations (other than Clauses 20.12 (No misleading information), 20.13 (Original Financial Statements), 20.28 (Merger Documents) and 20.29 (Shareholder Documents)) and (ii) the representations and warranties in Clause 20.9 (No filing or stamp taxes) (in each case, to the extent relating to the accession of an Additional Guarantor as a party to this Agreement, the applicable Accession Deed relating to such accession and/or any Transaction Security Document required to be executed by such Additional Guarantor in connection with such accession) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor.
In addition. (a) Where the applicable State or Territory legislation does not permit long service leave at half pay, a team member may request to access unpaid leave equivalent to the period of long service leave requested in order to double the period of absence.
(b) State and Territory legislation may provide that, where a public holiday falls during a team member’s period of taking paid long service leave, they are entitled to be re-credited that day of long service leave. Under this Agreement, where the applicable State or Territory legislation does not provide for such re-crediting, BIG W will re-credit the long service leave.
In addition. 6.1. ▇▇▇▇▇▇▇ warrants that it will provide all services with reasonable care and skill but cannot guarantee any outcome from the Super Curricular Programme.
6.2. ▇▇▇▇▇▇▇ does not exclude or restrict its liability:
(a) for death or personal injury resulting from the negligence of ▇▇▇▇▇▇▇, its staff or agents (but not independent contractors) while acting in the course of their employment; or
(b) for death or personal injury for negligence or breach of the common duty of care owed to visitors to ▇▇▇▇▇▇▇; or
(c) insofar as any exclusion or limitation of ▇▇▇▇▇▇▇’▇ liability hereunder is otherwise prohibited, void or unenforceable by law.
6.3. Subject to paragraph 6.2, the warranty referred to in Paragraph 6.1 shall replace all conditions and warranties on the part of ▇▇▇▇▇▇▇ implied by statute, common law or otherwise, all of which are expressly excluded. ▇▇▇▇▇▇▇ does not make or give, nor has any servant or agent of ▇▇▇▇▇▇▇ authority to make or give, any representation or undertaking as to the quality of the services or their correspondence with any description applied to them or as to the standards of them.
6.4. ▇▇▇▇▇▇▇ shall not be liable, whether in contract or in tort, in respect of any matter not expressly covered by Paragraphs 6.1 or 6.2 above. Subject to paragraph 6.2 but notwithstanding anything else contained in this agreement, in no circumstances shall ▇▇▇▇▇▇▇ be liable, either in contract or in tort, for any loss of profit, goodwill, or any other financial loss, any payment made or due to a third party and any loss or damage caused to any property belonging to you, or any third party, or for any indirect, incidental or consequential loss suffered by the student.
6.5. In the event that notwithstanding the provision of this Paragraph 6 (and subject always to Paragraph 6.2) ▇▇▇▇▇▇▇ is found liable for any loss or damage suffered by you, that liability shall in no event exceed in aggregate:
(a) in relation to loss or damage suffered by you prior to either 27 August 2023, the sum of any deposit received, or
(b) in relation to loss or damage suffered by you after 27 August 2023 the total sum paid by you to ▇▇▇▇▇▇▇ pursuant to this Agreement; provided always that ▇▇▇▇▇▇▇'▇ total liability under this Agreement shall be limited to the Super Curricular Programme fees.
6.6. YOU ARE STRONGLY ADVISED TO TAKE OUT INSURANCE ON BEHALF OF THE STUDENT IN RESPECT OF ANY LOSS WHICH IT MIGHT INCUR WHICH IS EXCLUDED HEREUNDER AND IS FURTHER REQUIRED TO NOTIFY THE PARTIC...
In addition. DATA FILES ARE DUE TO THE TDH EXTERNAL QUALITY REVIEW ORGANIZATION FIVE (5) WORKING DAYS FOLLOWING THE END OF EACH STATE QUARTER. SEE APPENDIX J FOR SUBMISSION INSTRUCTIONS. THE PH UTILIZATION REPORT AND DATA FILE SUBMISSION INSTRUCTION MAY PERIODICALLY BE UPDATED BY TDH TO FACILITATE CLEAR COMMUNICATION TO THE HEALTH PLAN.
In addition. 5.1.2.1 After the expiry of the Initial Term, the RIVER PRIME MetaTrader White Label Fees (including the Setup Fees) may be subject to change. The said revised fees will take effect on expiry of the period expressly referred in the notice for such change, unless the Client notifies RIVER PRIME within such period that it wishes to terminate the Agreement for reasons concerning the change of the above fees;
5.1.2.2 The technical support fees of all MT5 Components may be increased at the Technology Provider’s own discretion and such increase(s) shall, by analogy, be duly implemented by RIVER PRIME.
5.1.2.3 The Client shall not be entitled to withhold payment of any sum by reason of any right of set-off or any claim or dispute with RIVER PRIME, whether relating to the quality or performance of the Service or otherwise.
In addition. The Warranty on your Charging Station shall not apply if the original identification markings (for example, serial numbers and trademarks) have been defaced, altered or removed or if the Charging Station is used or installed for any purpose other than for use at a single family residence.
In addition. FILES ARE DUE TO THE TDH EXTERNAL QUALITY REVIEW ORGANIZATION FIVE (5) WORKING DAYS FOLLOWING THE END OF EACH STATE QUARTER. SEE APPENDIX H FOR SUBMISSION INSTRUCTIONS. THE BH UTILIZATION REPORT AND DATA FILE SUBMISSION INSTRUCTIONS MAY PERIODICALLY UPDATED BY TDH TO FACILITATE CLEAR COMMUNICATION TO THE HEALTH PLANS.
In addition a) Until such time as the Licensor effects a re-entry or otherwise excludes the Licensee from the Premises the Licensor may serve notices on the Licensee by leaving them at the Premises during Trading Hours and in that case service is deemed to have been effected on delivery;
b) The Licensee may serve notices (except an Option Notice which must be served in accordance with Clause 6) on the Licensor by delivery to the office of the Principal at the School between the hours of 9.00am and 3.00pm Monday to Friday but excluding public holidays, school holidays or days on which the office is not staffed; and
c) Notices may also be served by being sent by electronic transmission to the following:
1) To the Licensor to the address specified in Item 15; and
2) To the Licensee to the address specified in Item 16.
In addition. ▇▇▇▇▇▇▇ (3 men) $1.00 per hour ▇▇▇▇▇▇▇ (4 to 15 men) $2.00 per hour ▇▇▇▇▇▇▇ (16 or more) $4.00 per hour Height Pay $1.00 per hour (see Art. XXIX, Sect. 12 for application)