IN THE MATTER Sample Clauses

IN THE MATTER. OF a dispute (No.1) over whether any rates agreed under the Imputation Agreement dated July 27th 2004 between LIME, Wireless Ventures and Digicel (Cayman) Limited continues to apply to any new Interconnect Agreement between LIME and Digicel (Cayman) Limited or if it does not, whether a new Glide Path should apply to any subsequent interconnection rates agreed by or imposed on LIME and Digicel (Cayman) Limited under the Law. AND IN THE MATTER OF a dispute (No. 2) over (a) whether LIME is required under the Law to provide a Direct Mobile to Mobile Interconnection with Digicel (Cayman) Limited as requested by Digicel (Cayman) Limited from as early as January 2009 before the expiration of the Interconnection Agreement dated January 2005 and (b) on what terms and (c) whether XXXX is entitled to levy a charge (the transit fee) for Digicel calls to traverse LIME’s PSTN network until such time as direct mobile to mobile interconnect is provided and if so how should such transit fee be determined. AND IN THE MATTER OF a dispute (No. 3) over whether Digicel (Cayman) Limited being a non-dominant operator has an absolute obligation (similar to what C&W has following Annex 5 sections 64ff in its License) to offer LIME any underlying interconnect service necessary to provide any new retail services it introduces in the market. AND IN THE MATTER OF a dispute (No. 4) over what Fixed Termination Rates should be charged by LIME for set up and per minute fees and how they should be determined. AND
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IN THE MATTER. OF a dispute (No. 5) over what Transit Rates should be charged by LIME when transiting a call via its fixed network to a 3rd party operator or its own mobile network for set up and per minute fees and how should they be determined. AND
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IN THE MATTER of the Resource Management Act 1 991 of two appeals pursuant to clause 14 of the First Schedule to the Act BETWEEN ROYAL FOREST AN D BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATE D (ENV-201 4-AKL-0001 29) XXXXXX D EVELOPMENTS LIMITED (ENV-201 4-AKL-0001 31 ) WHAKATAN E DISTRICT COUNCIL BEFORE THE ENVIRONMEN T COURT Environment Judge sitting alone under section 279 of the Act IN XXXXXXXX at Auckland Introduction
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IN THE MATTER. (2) A person who has confidential information in relation to a matter that is the subject of a request under section 25A may disclose the information if the Small Business Commissioner so requires. [Section 25B inserted: No. 20 of 2011 s. 32.] Powers and procedure for dealing with matters Part III s. 25C 25C. Commissioner to issue certificate if matter not resolved etc.
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Related to IN THE MATTER

  • CHANGE IN THE ADVISER'S OWNERSHIP The Adviser agrees that it shall notify the Trust of any anticipated or otherwise reasonably foreseeable change in the ownership of the Adviser within a reasonable time prior to such change being effected.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • No General Solicitation or Advertising in Regard to this Transaction Neither the Company nor any of its affiliates nor any person acting on its or their behalf (a) has conducted or will conduct any general solicitation (as that term is used in Rule 502(c) of Regulation D) or general advertising with respect to any of the Shares, or (b) made any offers or sales of any security or solicited any offers to buy any security under any circumstances that would require registration of the Common Stock under the Securities Act.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

  • Termination of Fund; No Liability At any time following six months after the Effective Time, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) which had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look to the Surviving Corporation (subject to abandoned property, escheat or other similar laws) only as general creditors thereof with respect to the Merger Consideration payable upon due surrender of their Certificates, without any interest thereon. Notwithstanding the foregoing, neither the Surviving Corporation nor the Paying Agent shall be liable to any holder of a Certificate for Merger Consideration delivered to a public official pursuant to any applicable abandoned property, escheat or similar law.

  • Consequential Losses In no event shall either party be liable to the other for loss of profits or incidental, consequential, or liquidated damages of any nature arising from or in connection with this Agreement.

  • No Consequential or Punitive Damages Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.

  • Exemption of Landlord from Liability Landlord shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Property, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising in or about the Property or upon other portions of the Project, or from other sources or places; or (d) any act or omission of any other tenant of the Project. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct.

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