Without prejudice to paragraph. 8.2.1, where any provision of the Code or any Ancillary Agreement provides for any amount to be payable by a Party upon or in respect of that Party's breach of any provision of the Code, a Framework Agreement or any Ancillary Agreement, each Party agrees and acknowledges that the remedy conferred by such provision is exclusive of and is in substitution for any remedy in damages in respect of such breach or the event or circumstance giving rise thereto.
Without prejudice to paragraph. (1), but subject to paragraph (6), and regulations 8 and 15(9), ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Without prejudice to paragraph. 4.6.1, each Party shall have the right, exercisable by way of a Notice to the other Party, to:
Without prejudice to paragraph. 3 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 3.(b) shall be constituted for each individual case in the following way: Each Party to the dispute shall appoint one arbitrator, and these two shall select a national of a third State which has diplomatic relations with both Contacting Parties as the Chairman. The first two arbitrators shall be appointed within two months from the date either Party to the dispute noticing the other Party the request of arbitration in written and the Chairman shall be selected within four months. If, within the period specified above, the tribunal has not been constituted, either Party to the dispute may invite the Secretary General of the International Center for Settlement of Investment Disputes to make the necessary appointments.
Without prejudice to paragraph. 6.1, University’s liability to the Licensee for all losses or damage of any kind howsoever caused shall be limited to […***…] as at the date of such breach.
Without prejudice to paragraph. (3) of this Article, the ad hoc arbitral tribunal, unless otherwise agreed upon by the parties to the dispute, is to be established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).
Without prejudice to paragraph. 7(b) of this Schedule 2 (Settlement Distribution Plan), the maximum aggregate compensation pursuant to Paragraph 3.1 is EUR 76,200,000 (the "Add-On Cap"). If such aggregate amount is higher, then the compensation per Eligible Shareholder pursuant to Paragraph 3.1 will be adjusted downwards proportionally. If such aggregate amount is lower, then the surplus of the Compensation Add-on will be used to compensate for any shortfall of the compensation pursuant to Paragraph 2 if such compensation has been adjusted downwards proportionally pursuant to Paragraph 5.1.1 or 5.1.2 of this Schedule 2 (Settlement Distribution Plan).
Without prejudice to paragraph. 10.06, this Agreement and the licenses herein granted shall be binding upon and inure to the benefit of the successors in interest of the respective parties. Neither this Agreement nor any interest hereunder shall be assignable by either party without the written consent of the other provided, however, that LICENSEE may, without the consent of LICENSOR, assign this Agreement to any AFFILIATE or to any corporation with which it may merge or consolidate or to which it may sell all or substantially all of its assets, and that LICENSOR may without obtaining the consent of LICENSEE assign this Agreement to any corporation with which it may merge or consolidate or to which it may sell all or substantially all of its assets.
Without prejudice to paragraph. 6.1 of this Appendix 1, either Party may request a meeting at any time upon reasonable notice in writing to the other to discuss any particular matter or concern arising out of or in relation to this Appendix 1, and the Parties shall use their reasonable endeavours to agree a date, time and venue for such meeting and to attend the same. APPENDIX 2 - SITE SCHEDULE Bulk Discharge Schedule For the Site Known As: xxxx more particularly delineated in the plan annexed hereto This Site Schedule, when signed and dated by each of the Parties below, creates rights and obligations between NWL and XXX named below in accordance with the Agreement between those Parties dated [<< >>] Grid Ref: The connection points for both foul and surface water discharges from the Site are set out in the attached table entitled “xxxx Discharge Rates and Connection Points” and the manhole references for the points of connection are shown in Drawings xxxx x to x annexed. Billing Reference Number [ ] Annual Discharge [Tranches of capacity to be specified in Program of Development in line with build rate ] Maximum Rate of Flow [Foul flow – xx litres per second at the discharge rates set out in the attached table entitled “xxxx Discharge Rates and Connection Points”] [Surface water flow – at the discharge rates set out in the attached table entitled “xxxx Discharge Rates and Connection Points”.] Connection Charge [ ] Construction Start Date: [ ] Annual Profile of Property Connection: [ ] Number of Years to Complete Development:[ ] (all properties connected) Name of Supplier: Northumbrian Water Limited Signed by the fully authorised representative of NWL Name Position Signature Date Name of Purchaser: xxxx Signed by the fully authorised representative of XXX Name Position Signature Date APPENDIX 2A - XXXX DISCHARGE RATES AND CONNECTION POINTS Development Cell Plots Served Foul Water Surface Water Discharge rate l/s Connection point Max discharge rate l/s Connection point
Without prejudice to paragraph. 5.1 .1 . the Mitigation Land Authority will give the Mitigation Land OWner no fewer than 7 days' written notice of any inspections (which will set out the expected duration of the inspection and Include a list of the equipment that the Mitigation Land Authority will use for the monitoring end verification inspection) and will also give the Mitigation Land Owner or his representative the opportunity to accompany the Mitigation Land Authority's representative on any monitoring or verifying inspection to assist with site safety; and
