UNAFFECTED Sample Clauses
The 'UNAFFECTED' clause serves to clarify that certain rights, obligations, or provisions within a contract remain unchanged despite the occurrence of specific events or the application of other clauses. In practice, this means that even if a party exercises a particular right, such as termination or amendment, other key terms—like confidentiality or indemnity—continue to apply as originally agreed. This clause ensures continuity and stability in the contractual relationship by preventing unintended consequences or gaps in coverage when other parts of the contract are invoked.
UNAFFECTED. 4. Your promises under this Guarantee will not be affected by any of the following (which otherwise could provide a defence to any claim under this Guarantee):
(a) if any of the Guaranteed Obligations in any Credit Document are not valid or legally binding;
(b) if any of the Guaranteed Obligations are released, unless payment in full has been received for all Customer Debts incurred by the Customer under a Credit Document and all the Guaranteed Obligations have been satisfied; however, if the Customer has a revolving line of credit, credit card account or similar account with us where the balance fluctuates, we do not consider the Guaranteed Obligations to be satisfied even if the balance goes down to zero, and in that case this Guarantee continues to apply to any further Customer Debts incurred by the Customer under the Credit Document;
(c) if we obtain a court order against the Customer, or we take any steps (or fail to take any steps) to exercise our rights under any Credit Document, or we exercise any legal remedy or rights that we have acquired from or against the Customer or any other person, their assets or other property, or if we release or maintain any security, right or remedy;
(d) if you or the Customer becomes insolvent or goes bankrupt;
(e) if there is a change in any law which might affect any terms of any Credit Document or this Guarantee, or you or the Customer;
(f) if we fail to enforce our rights under any Credit Document or any other security that provides collateral for any Customer Debts;
(g) if we do not take any steps necessary to make sure that any Credit Document, or any other security that provides collateral for any Customer Debts is enforceable or is perfected as against other creditors, or to entitle us to exercise our rights, even if that failure is due to our negligence or otherwise;
(h) if any of you or the Customer dies or becomes disabled or legally incapacitated;
(i) where the Customer is a corporation, if the Customer is dissolved, is continued into another jurisdiction or merges into some other corporation or legal entity or if the Customer does not have the legal power to enter into a Credit Document or changes its name; or
(j) if any other actions, circumstances or occurrences happen, whether or not you receive notice about them, which may change your risk or the Guaranteed Obligations, or under which the law or equity would otherwise release you from the Guaranteed Obligations, even if they are not listed above. Eac...
UNAFFECTED. The only auditors from large firms who are not affected by the introduction of the new audit rules are those in joint ventures with international CPA firms, all of which are based in the US. They have not experienced any decline in the market. The researchers believe that this is because those auditors have been serving a unique niche in the market that consists largely of clients with foreign owners. The presence of foreign shareholders provided an incentive for the international joint venture partners to act independently even well before the introduction of the new rules. The researchers believe that as China is on course to become one of the world’s largest economies, it should improve the efficiency of its capital markets by fostering audit independence. In addition to the implementation of more stringent regulations, it should also allow for the establishment of free-market features such as majority private ownership of shares, corporate governance mechanisms, and auditor litigation. Inquiries can be directed to ▇. ▇. ▇▇▇▇ at ▇▇▇▇▇▇▇▇@▇▇▇.▇▇ The researchers also hail the plan of the Chinese government to open up competition between large Chinese auditors and the world’s Big-5 at some future time as a win-win proposal for both sides. More competition will not only change the landscape of the audit market the Big-5 currently operate in, but it will also help elevate the standards and performance of Chinese auditors. Market share of top 10 auditors for all clients 50 22% 40 30 20 10 0 1993/1994 1995/1996 average average H KUST BUSI NESS SC H OOL – N e w s l e t t e r FROM THE ▇▇▇▇ A s reported elsewhere and in this newsletter, the School has launched a number of China-related initiatives during the last few years, including research, academic alliances and seminar activities. Given the School’s focus on China business, I am delighted to provide in this column a summary of our major programs and ▇▇▇▇ ▇▇▇-▇▇▇▇ Chan activities related to business in China. Our interest in developing and achieving excellence in China business and management is rooted in our aspiration to help enterprises in the Chinese Mainland to become strong competitors in the global market place. The smooth and successful restructuring of Chinese enterprises will be vital to the continued prosperity of Hong Kong, which will remain the bridge between the Mainland and the rest of the world. To this end, there have been concerted efforts from the School to build up and maintain an infrastr...
UNAFFECTED. To be read independently
UNAFFECTED. Neither clause 16.1
(a) nor its operation shall be restricted or reduced by any other provision of this Agreement (including without limitation clause 9).