PROVIDED ALWAYS THAT. (1) In case at any time during the term hereby granted any dispute shall arise between the Lessee and the other lessees or tenants or occupiers of the Lessor relating to the Demised Premises and neighbouring premises or any part or other walls, fences, ways, passageways, pathways, sewers, drains, pipes, watercourses, wires and cables, common parts and other easements, rights or appurtenances whatsoever relating or belonging thereto or any repairs required as hereinbefore provide then and in every such case the dispute shall be referred to the Surveyor for the time being of the Lessor whose determination and award shall be final and binding on the Lessee and the party with whom the Lessee shall then be in dispute.
PROVIDED ALWAYS THAT. (a) the Relevant Amount shall be in such a case as is mentioned in clause 10.4.3.1, the amount of the repayment received by the Company or the Subsidiary but only to the extent that it is neither (i) reflected or taken into account in the Accounts or the Completion Accounts, nor (ii) otherwise taken into account in accordance with clause 10.4.4;
PROVIDED ALWAYS THAT. A: No liability shall attach to the Insurers hereunder unless and until the Primary Insurers have paid or have been held liable to pay the full amount of their ultimate net loss liability (after making proper deductions for all recoveries, salvages and other insurances (other than the Primary Policies as stated in the Schedule) whether recovered or not excluding all costs and expenses as specified in Items 4, 5 or 6 of the Schedule (hereinafter called "the excess any one loss").
PROVIDED ALWAYS THAT. 1.4.1 prompt notice must be given to the Underwriters of every casualty event or claim upon the Assured which may give rise to a claim hereunder and of every event or matter which may cause the Assured to incur liability costs or expense for which he may be insured hereunder
PROVIDED ALWAYS THAT. (a) If the rent hereby reserved or any part thereof shall be in arrears for 6 months after the same shall become due or in the event of any breach of the agreement by the tenant herein contained the Landlord shall re-enter upon the demised and there upon this tenancy shall absolutely determine.
PROVIDED ALWAYS THAT notwithstanding provisions of this Clause 5.22, the Tenant shall be entitled without obtaining the prior written approval of the Landlord to assign this Lease or to sublease the Demised Premises to any other Group Company or to permit such a Group Company only as long as such company remains a Group Company to share occupation of that whole or any part of the Demised Premises on condition that:-
PROVIDED ALWAYS THAT. The indemnified party has a duty to mitigate all loss and damage suffered. It shall be a condition precedent to entitlement under this clause 12 that HSE shall provide prompt written notice of any claims or damage which the indemnified party may receive or suffer. HSE shall permit AMEC, at its option and cost, to conduct all litigation and negotiations. All liabilities under this clause 12 shall terminate six years from the date of default by the Recipient under this Agreement.
PROVIDED ALWAYS THAT. (i) If and whenever any part of the rent hereinbefore reserved shall be in arrear for twenty eight (28) days after the same shall have become due (whether the same shall have been legally demanded or not) or if there shall be a breach of any of the covenants by the Lessee hereinbefore contained the Lessor may at the Lessor’s discretion either re-enter upon the Property or any part thereof in the name of the whole and thereupon the Term of years hereinbefore granted shall absolutely cease and determine but without prejudice to the rights or remedies of the Lessor in respect of any antecedent breach or non-observance of the conditions or covenants by Lessee herein contained
PROVIDED ALWAYS THAT. 23.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof
PROVIDED ALWAYS THAT. If the said rent or any instalment or part thereof shall be in arrear for 7 days after the same shall have become due (whether formally demanded or not) or if the Tenant shall commit any other breach of the several agreements and stipulations herein contained then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon and take possession of the Property and the Furniture and Effects and immediately thereupon the tenancy hereby created shall be determined but without prejudice to any right of action which the Landlord may have to recover all such rent in arrear and damages in respect of any breach of this Agreement.
