Nevertheless Sample Clauses
The "Nevertheless" clause serves to introduce an exception or limitation to a previously stated rule or obligation within a contract. In practice, this clause is used to clarify that, despite what has been outlined earlier, a specific provision will still apply or a certain right is preserved. For example, a contract might state that a party must perform certain duties, but nevertheless, they are not liable for delays caused by force majeure events. The core function of this clause is to ensure clarity by highlighting exceptions or overriding provisions, thereby preventing misunderstandings about the scope or application of contractual terms.
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Nevertheless the provisions of this Treaty, and in particular Article VI and VII, shall apply to matters of taxation only with respect to the following:
(a) expropriation, pursuant to Article III;
(b) transfers, pursuant to Article IV; or
(c) the observance and enforcement of terms of an investment agreement or authorization as referred to in Article VI (1) (a) or (b), to the extent they are not subject to the dispute settlement provisions of a Convention for the avoidance of double taxation between the two Parties, or have been raised under such settlement provisions and are not resolved within a reasonable period of time.
Nevertheless. In the event the EC modifies the conditions, the Contractor will amend the Contract accordingly.
Nevertheless if any of the restrictions set forth in this Exhibit shall for any reason be found by a court having jurisdiction to be unreasonable or excessively-broad as to geographic area, scope, activity or time or to be otherwise unenforceable or invalid, the parties hereto intend for the restrictions set forth in this Exhibit to be reformed, modified and redefined by such court so as to be reasonable and enforceable to the fullest extent possible and, as so modified by such court, to be fully enforced.
Nevertheless. Confidential information shall not include information that: (i) is in or enters the public domain without breach of this Agreement; (ii) the receiving party lawfully receives from a third party without breach of an obligation of nondisclosure; (iii) the receiving party can demonstrate with documentary evidence that it knew or had such confidential information prior to the disclosure of such information from the disclosing party.
Nevertheless when a set is composed of both originating and non-originating goods, the set as a whole shall be considered as originating, provided that the CIF value of the non-originating goods utilized in the composition of the set does not exceed 15% per cent of the ex-works price of the set.
Nevertheless. Section 145(f) does provide support for wide-ranging agreements which broaden or enlarge upon indemnification rights granted in the various other subsections of Section 145, although provisions in such a[n] . . . agreement which are contrary to limitations or prohibitions set forth in other subsections may be held unenforceable if they violate other statutes, court decisions or public policies.
Nevertheless the provisions of this Treaty, and in particular Articles VII and VIII, shall apply to matters of taxation only with respect to the following:Articles VII and VIII, shall apply to matters of taxation only with respect to the following:
(a) Expropriation, pursuant to Article III:Article III:
(b) Transfers, pursuant to Article V; orArticle V; or
(c) The observance and enforcement of terms of an investment agreement or authorization as referred to in Article (1) (a) or (b).Article (1) (a) or (b). Matters covered by item 2(c) shall not be covered to the extent they are subject to the dispute settlement provisions of a convention for the avoidance of double taxation that may subsequently be concluded between the two Parties, unless such matters are raised under such settlement procedures but are not resolved within a reasonable period of time.
Nevertheless in case of a takeover by another legal entity, merger, absorption, assignment, transfer of BIOPHYTIS or all or part of its activities to another legal entity modifying the intuitu personae characteristics taken in consideration for the conclusion of the LICENSE AGREEMENT (hereinafter referred to as “TRANSFORMATION”), BIOPHYTIS will notify SATT LUTECH of such TRANSFORMATION. The LICENSE AGREEMENT may be terminated by UPMC or SATT LUTECH, acting on behalf of the ESTABLISHMENTS, only if: · said TRANSFORMATION undermines the missions of any of the ESTABLISHMENTS as set out in (i) Decree No. 82-993 of 24 November 1982 on the organisation and functioning of CNRS and/or Decree No. 2009-1348 of 29 October 2009 on the organisation and functioning of CNRS, (ii) Articles L.112-1 et seq. of the Research Code and R831-1 et seq. of the Rural and Maritime Fishing Code related to the missions of INRA and/or (iii) the missions of UPMC as established in the research code and the education code, particularly in its article L123-3. And/or · said TRANSFORMATION is contrary to public order and morality, And/or · the third party legal entity involved in the TRANSFORMATION is in litigation (in a contentious or pre-contentious form) with any of the ESTABLISHMENTS. Where applicable, UPMC or SATT LUTECH, acting on behalf of the ESTABLISHMENTS, shall inform BIOPHYTIS of the decision to terminate the LICENSE AGREEMENT, in writing and within twenty (20) days of receipt by SATT LUTECH of the notification of a TRANSFORMATION by BIOPHYTIS, with an additional period of twenty (20) days if this notification occurs between 20 July and 31 August. Without a duly motivated refusal during the aforementioned period of twenty (20) days, the LICENSE AGREEMENT will continue automatically.
Nevertheless. In the event the EIT modifies the conditions, the Contractor will amend the Contract accordingly.
Nevertheless the provisions of paragraph 1 may be declared inapplicable in the case of: — any agreements or classes of agreements between enterprises, — any decisions or classes of decisions by associations of enterprises, and — any concerted practices or classes of concerted practices which contribute to the improvement of the production or distribution of goods or to the promotion of technical or economic progress while reserving to users an equitable share in the profit resulting therefrom, and which:
(a) neither impose on the enterprises concerned any restrictions not indispensable to the attainment of the above objectives;
(b) nor enable such enterprises to eliminate competition in respect of a substantial proportion of the goods concerned.