Sub-Clause 4 Clause Samples
POPULAR SAMPLE Copied 1 times
Sub-Clause 4. 1 shall not operate so as to restrict or prevent:
(A) any matter reasonably undertaken by any member of the Group in an emergency or disaster situation with the primary intention of minimising any adverse effect thereof (and of which the Purchaser will be promptly notified);
(B) the completion or performance of any obligations undertaken pursuant to any Contract entered into by any member of the Group prior to the date of this Agreement;
(C) the surrender of any Lease (or any agreement to surrender a Lease);
(D) any matter expressly contemplated in this Agreement or the other Share Purchase Documents;
(E) any matter undertaken at the written request of the Purchaser; or
(F) any matter required by Law or any Regulatory Authority.
Sub-Clause 4. 1 above shall not apply in relation to a Tax Liability or a claim for breach of the Tax Warranties that arises:-
(A) in the circumstances set out in sub-clause 2.4; or
(B) as a consequence of or by reference to the transfer of Tioxide Europe Limited as described in paragraph 1(a) of Schedule 11 to the Agreement.
Sub-Clause 4. 12 Unforeseeable Physical Conditions
Sub-Clause 4. 13 Rights of Way and Facilities
Sub-Clause 4. 7.1.1 does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their current employment.
Sub-Clause 4. 1 shall not operate so as to restrict or prevent:
(A) Completion or the performance of any obligations undertaken or assertion of rights pursuant to any contract or arrangement entered into by any member of the Group prior to the date of this Agreement; or
(B) any matter undertaken at the written request of the Purchaser.
Sub-Clause 4. 1 shall not operate so as to restrict or prevent:
(A) any matter reasonably undertaken by any member of the Donvand Group or Octopus Group in an emergency or disaster situation with the intention of minimising any adverse effect thereof (and of which the Purchaser will be promptly notified) only for so long as such emergency or disaster situation continues and/or solely to the extent necessary to mitigate the effects of such emergency or disaster situation;
(B) the completion or performance of any obligations undertaken pursuant to any contract or arrangement entered into by any member of the Donvand Group or Octopus Group prior to the date of this Agreement;
(C) any increase in emoluments of any category of employees of any member of the Donvand Group or Octopus Group where such increase is made in accordance with the normal practice of the relevant employing member of the Donvand Group or Octopus Group;
(D) any matter contemplated in this Agreement; or
(E) any matter undertaken at the written request of the Purchaser.
