Without prejudice to Section 8 Sample Clauses

Without prejudice to Section 8. 18.12, the Concessionaire acknowledges that neither the Province nor BCTFA has made any representation or warranty with respect to the environmental condition of the Project Facilities, the Site or the Adjacent Areas, and that, prior to the execution of this Agreement, the Concessionaire has been afforded an opportunity to perform and has performed such investigations of the Project Facilities, the Site and the Adjacent Areas as it considers appropriate and is satisfied with respect to all such investigations and the environmental condition of the Project Facilities, the Site and the Adjacent Areas to the extent that such condition could be ascertained by the Concessionaire through the exercise of reasonable due diligence. The Concessionaire waives the requirement, if any, for the Province or BCTFA to provide a site profile for the Project Facilities, the Site or the Adjacent Areas under the Environmental Management Act, S.B.C. 2003, c. 53.
Sample 1
AutoNDA by SimpleDocs
Without prejudice to Section 8. 18.4, in the course of carrying out the Operations the Concessionaire will have regard to the provisions of the Best Management Practices for Highway Maintenance Activities and will not do or omit or permit to be done or omitted anything which is inconsistent with the practices described therein. If compliance with the terms of any amendment, supplement or replacement of the Best Management Practices for Highway Maintenance Activities effected after the Commencement Date would require the Concessionaire to perform any additional obligations or to incur any additional costs which it would not otherwise have been obliged to perform or would not otherwise have incurred in performing its obligations under this Agreement (including its obligations under this Section prior to such amendment, supplement or replacement), the onus of establishing which will be on the Concessionaire, the Concessionaire will not be in breach of this Section for failing to perform such additional obligations or failing to incur such additional costs unless the Province initiates a Province Change in accordance with the provisions of Part 2 of Schedule 13 [Province Changes] in respect of the terms of such amendment, supplement or replacement giving rise to such additional obligations or additional costs.
Sample 1

Related to Without prejudice to Section 8

  • Without prejudice to Sections 5.1 and 5.2 above, You are responsible for (a) any required notices, consents and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal Data) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Agreement. To the extent You disclose or transmit Your Content to a third party, we are no longer responsible for the security, integrity or confidentiality of such content outside of Oracle’s control.

  • Without prejudice to Clause 16.1 the Employer shall:

  • Without prejudice to any other rights or remedies that we may have, we may terminate this Agreement with immediate effect (and, unless we determine that it is unlawful, inappropriate or impracticable, on giving written notice to you) if:

  • Without prejudice to the other provisions of this contract, the provisions below shall apply when the Specified Equipment contained in a Train Operator Variation Request includes Steam Driven Equipment:

  • Without prejudice all proceedings and disclosures will be conducted and made without prejudice to the rights and positions of the parties in any subsequent arbitration or other legal proceedings;

  • Without Prejudice or Precedent The parties to the Committee agree that any discussion at the Committee will be on a without-prejudice and without-precedent basis, unless agreed otherwise.

  • Without limiting the other provisions of this Section 3.1, among other delegations by the Trustees, the Trustees have determined that there is a significant risk that the Trust and its shareholders may be adversely affected by investors with short term trading activity and/or whose purchase and redemption activity follows a market timing pattern as defined in the prospectus for the Trust, and have authorized the Trust, the Underwriter and the Trust's transfer agent to adopt procedures and take other action (including, without limitation, rejecting specific purchase orders in whole or in part) as they deem necessary to reduce, discourage, restrict or eliminate such trading and/or market timing activity. You agree that your purchases and redemptions of Portfolio shares are subject to, and that you will assist us in implementing, the Market Timing Trading Policy and Additional Policies (as described in the Trust's prospectus) and the Trust's restrictions on excessive and/or short term trading activity and/or purchase and redemption activity that follows a market timing pattern.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Limitations and exclusions of liability 16.1 Nothing in this Agreement will:

  • Survival of Provisions The obligations contained in this Section 11 shall survive the termination or expiration of the Executive’s employment with the Company and shall be fully enforceable thereafter.

Time is Money Join Law Insider Premium to draft better contracts faster.