Non-Prejudicial Clause Samples
A Non-Prejudicial clause ensures that actions, statements, or negotiations made during the course of discussions or dispute resolution cannot be used as evidence against a party in future legal proceedings. In practice, this means that if parties attempt to settle a dispute or communicate in good faith to resolve issues, those communications are protected and cannot be later introduced in court to the detriment of either party. The core function of this clause is to encourage open and honest dialogue between parties by safeguarding their communications from being used against them, thereby facilitating more effective dispute resolution.
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Non-Prejudicial. It is the intent of the Members that the fishing history and DAS allocation of any Member’s Permit during the Qualifying Period, as reported to NMFS prior to joining the Sector, shall not be diminished or penalized as a result of participation in the Sector in lieu of participation in the multispecies DAS program.
Non-Prejudicial. It is the intent of the Members that the allocation of ACE to any Member’s Permit during the Qualifying Period, derived from reports to NMFS prior to joining the Sector, shall not be diminished or penalized as a result of participation in the Sector in lieu of participation in the multispecies DAS program.
Non-Prejudicial. Attributable to good cause or matters beyond our control;
Non-Prejudicial. It is the intent of the Members that the allocation of ACE to any 34 Member’s Permit related to the Qualifying Period, derived from reports to GARFO prior to 35 joining the Sector, shall not be diminished or penalized as a result of participation in the Sector 36 in lieu of participation in the multispecies DAS program.
Non-Prejudicial. The adjustments in this Section 1.5 shall --------------- not prejudice the rights and remedies of the parties under Article 6.
Non-Prejudicial. It is the intent of the Members that the allocation of 42 ACE to any Member’s Permit related to the Qualifying Period, derived from reports to 43 NMFS prior to joining the Sector, shall not be diminished or penalized as a result of 44 participation in the Sector in lieu of participation in the multispecies DAS program.
Non-Prejudicial. The SUFA framework should not compromise Aurizon Network’s legitimate business interests or prejudice future extension projects, whether funded by Aurizon Network or via another SUFA transaction. For this reason, the SUFA framework is structured to ensure that SUFA does not disadvantage: access customers with existing access rights relying on the railway; the wider coal supply chain; subsequent SUFA (or Aurizon Network-funded) projects; Aurizon Network’s existing and future business activities; and Aurizon Network’s legitimate business interests. An example of a potential impact of SUFA on Aurizon Network’s legitimate business interests is the financial metrics of Aurizon Network’s ultimate parent company, Aurizon Holdings Limited (Aurizon Holdings), as used in debt and equity markets. SUFA funding should not be classified as a liability on Aurizon Network’s balance sheet. Similarly, the Aurizon Holdings shareholders have legitimate expectations (given the nature of their investment) that their returns on Aurizon Network funding will not be impacted by a SUFA transaction. Moreover, a SUFA transaction should not impact on the returns available to Aurizon Network should it decide to fund further infrastructure extensions. It should be noted that for practical reasons, the submitted SUFA legal documents do leave some risks with Aurizon Network, for example:
1) impacts of changes to accounting standards over time; and
2) consequences of Aurizon Network’s fraud, gross negligence or wilful default.