Without prejudice to Clause 2 Sample Clauses

Without prejudice to Clause 2. 5 and subject to Clause 2.8 of this Agreement, in the event that the cost of purchase and installation of a support system (such as a charging station) the description of which has been described in the description of the Subsidized Product in Schedule 2 to this Agreement and the Recipient is required to pay by interim payments for the cost of purchase and installation of such support system which is purchased with the provision of the Subsidy in accordance with this Agreement, the Government shall reimburse the Recipient an amount which is equal to the amount that has been paid by the Recipient for settlement of an interim payment multiplied by the Subsidized percentage upon receipt and verification of documents which are submitted by the Recipient to prove that the Recipient has settled the interim payment PROVIDED ALWAYS THAT the total amount of reimbursement paid by the Government (including that of interim payments) to the Recipient for all units of Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement (including that unit of Subsidized Product) shall not exceed the Approved Subsidy for the Recipient.
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Without prejudice to Clause 2. 2, if a Total Loss Event occurs and any insurance proceeds are paid to the Offshore Security Trustee (as loss payee) but are not made available to ASM to repair or reinstate the ASM Plant in accordance with the Reinstatement Plan and Clause 4.4(b) of the Common Terms Agreement where ASM has elected to repair or reinstate the ASM Plant as contemplated by paragraph (a)(i), this Agreement shall immediately terminate.
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Without prejudice to Clause 2. 1 or 20.2 the Board may at any time require the Executive to cease performing and exercising all or the Duties and/or the Board may appoint any person or persons to act jointly with the Executive to discharge the Duties.
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Without prejudice to Clause 2. 7.1 (New third-party contracts) above, the Current Operator may freely enter into any new third-party contract during the Transition Period (by way of public procurement or otherwise) until the aggregate value of the new third-party contracts entered into during the period from the Final Disclosure Date until Concession Commencement Date reaches EUR 1,000,000 (in words: one million Euros). The Grantor shall procure that the Current Operator seeks the consent of the Concessionaire with respect to any new third-party contract whose value, in aggregate with the value of any other third-party contracts already entered into during the period from Final Disclosure Date until Concession Commencement Date, exceeds EUR 1,000,000 (in words: one million Euros), such consent not to be unreasonably withheld; provided that if the Concessionaire fails to provide its consent within ten (10) days, the relevant third-party contract shall be deemed to be approved by the Concessionaire. For the purpose of this Clause, the value of a third-party contract shall be understood as the consideration that the Concessionaire would pay, or the costs it would assume, for the performance of such third-party contract from Concession Commencement Date until Expiry Date.
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Without prejudice to Clause 2. 1, the Company shall, promptly on receipt of a written request from the Director, lend such funds to the Director as are required by the Director to meet reasonable costs and expenses incurred or to be incurred by him:
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Without prejudice to Clause 2. 2.4 of this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, except that any member of the RBSG Group that is entitled to the benefit of the indemnity in Clause 5 of this Agreement shall be entitled to enforce that clause against the Licensee.
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Without prejudice to Clause 2. 1, the Agreement may be terminated by the chairman of the Supervisory Board on behalf of the Company or by the Executive during its term with due observance of a notice period of three months for the Executive and six months for the Company. If it is the Executive’s intention to terminate the Agreement, the Executive shall inform the chairman of the Supervisory Board in good time before giving notice of termination.
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Without prejudice to Clause 2. 1, but taking into account any payments made thereunder, each Guarantor agrees, as a primary obligation, to indemnify the Bank in full on demand from and against all losses, costs and expenses incurred or suffered by the Bank as a result of or in connection with any failure or breach by the failing Obligor or Obligors to fully discharge or pay any of the Obligations as and when the same shall respectively become (or, but for any invalidity, illegality, voidability, unenforceability or ineffectiveness, would have become) due for payment or discharge.
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Without prejudice to Clause 2. 1(a), and Clause 20, the Parties agree that neither Party shall terminate this Agreement unless the Charter Agreement is terminated by either party thereto in accordance with its terms.
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Related to Without prejudice to Clause 2

  • Without prejudice to Clause 16.1 the Employer shall:

  • 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;

  • Remedies; Survival The Parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with, these confidentiality and privacy obligations. With respect to information provided in connection with this Agreement, these obligations shall survive for a period of three (3) years following the expiration or termination of this Agreement.

  • 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.

  • Indemnification Remedies Survival 8.1 For the purposes of this Section 8 terms “Loss” and “

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Waiver of Notice; Subrogation (a) Each Guarantor hereby waives to the extent permitted by law notice of the following events or occurrences: (i) acceptance of this Guaranty Agreement; (ii) the Lenders’ heretofore, now or from time to time hereafter making Loans and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of any Borrower or any other Loan Party, or otherwise entering into arrangements with any Loan Party giving rise to Guaranteed Liabilities, whether pursuant to the Credit Agreement or the Notes or any other Loan Document or Related Agreement or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iii) presentment, demand, default, non-payment, partial payment and protest; and (iv) any other event, condition, or occurrence described in Section 3 hereof. Each Guarantor agrees that each Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing such Guarantor from its Guarantor’s Obligations, and each Guarantor hereby consents to each and all of the foregoing events or occurrences.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • Waiver of Liability Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.

  • Severability of Clauses If any part of this Agreement is declared or held to be invalid for any reason, such invalidity will not affect the validity of the remainder which will continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion, and it is hereby declared the intention of the parties that this Agreement would have been executed without reference to any portion which may, for any reason, be hereafter declared or held to be invalid.

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