Clause 49 definition
Examples of Clause 49 in a sentence
Provided also that if at such time, there remain to be executed by the Contractor any work instructed, pursuant to Clause 49 and 50, in respect of the works, the Engineer shall be entitled to withhold certification until completion of any such work or so much of the balance of the Retention money as shall in the opinion of the Engineer, represents the cost of the remaining work to be executed.
Within ninety (90) days attend to rectification of any breach identified by the Lessor pursuant to Clause 4.9 (a) above, upon such terms as shall be required by such notice.
If You Ordered a Dell offered Colocation Site option (where available), then (a) Dell will be responsible for arranging hosting of the APEX System in an appropriate data center environment; and (b) the following clauses of the Agreement will not apply: Clause 4.5 (Shipment), Clause 4.6 (Title to APEX System), Clause 4.7 (Risk of Loss), Clause 4.8 (Insurance Coverage), Clause 4.9 (Bankruptcy Rights), Clauses 6.4.A(b) (Generally) and 6.4.B (Additional Recovery Rights), and Clause 7.2 (Site Access).
If You Ordered a Dell offered Colocation Site option (where available), then (a) Dell will be responsible for arranging hosting of the APEX System in an appropriate data center environment; and (b) the following clauses of the Agreement will not apply: Clause 4.5 (Shipment), Clause 4.6 (Title to APEX System), Clause 4.7 (Risk of Loss), Clause 4.8 (Reseller Insurance Coverage), Clause 4.9 (Bankruptcy Rights), Clauses 6.4.A(b) (Generally) and 6.4.B (Additional Recovery Rights), and Clause 7.2 (Site Access).
Before the Supplier commences court proceedings or arbitration, it shall serve written notice on the Authority of its intentions and the Authority shall have fifteen (15) Working Days following receipt of such notice to serve a reply (a “Counter Notice”) on the Supplier requiring the Dispute to be referred to and resolved by arbitration in accordance with paragraph 6.4 or be subject to the jurisdiction of the courts in accordance with Clause 49 (Governing Law and Jurisdiction).
If neither Party applies to CEDR to nominate the Mediator or an application to CEDR is unsuccessful under paragraph 4.2 of this Framework Schedule 18, either Party may proceed to: hold further discussions between Senior Officers; or an Expert determination, as prescribed in paragraph 5 of this Framework Schedule 18; or arbitration, as prescribed in paragraph 6 of this Framework Schedule 18; or litigation in accordance with Clause 49 of this Framework Agreement (Governing Law and Jurisdiction).
APPROVAL OF MATERIALS ETC., NOT IMPLIED The operation of Clause 49 hereof shall not be deemed to imply any approval by the Engineer of the materials or other matters referred to therein nor shall it prevent the rejection of any such materials at any time by the Engineer.
Subject to Clause 4.9 and Clause 4.10, each prepayment under this Agreement shall be applied in satisfaction of the Borrower’s remaining obligations under Clause 3 in inverse chronological order and Schedule 10 and Schedule 11 shall be recalculated and agreed in accordance with Clause 4.10.
Subject to Clause 4.9, each prepayment under this Agreement shall be applied in satisfaction of the Borrower’s remaining obligations under Clause 3 in inverse chronological order.
Save for any rules and regulations issued by the Licensor as described in Clause 4.9, the covenants, conditions, stipulations, provisions, terms and agreements herein cover and comprise the whole of the agreement between the parties.