Examples of TOP Charges in a sentence
To avoid doubt, any variation to TOP Charges paid during a calendar year resulting from complying with section 4 of the Undertaking, and specifically through complying with the applicable Ceiling Limit and calculation of any allocation of the total unders and overs amount, will not constitute a voluntary waiver of TOP Charges for the purpose of subsections (d) and (e).
To avoid doubt, nothing in this section 4 will prevent ARTC from charging Contributors and other Access Holders TOP Charges and non-TOP Charges as a result of the operation of a user funding agreement between Contributors and ARTC, in which case the TOP Charges and non-TOP Charges will be charged in accordance with section 10.2.
If ARTC voluntarily waives TOP Charges for an Access Holder that are otherwise contractually payable those waived TOP Charges are recoverable through increased TOP Charges applied to other Access Holders, or through unders and overs accounting under this section 4.9, or through a combination of both, except where the waiver is for the sole benefit of the Access Holder whose TOP Charges have been waived.
If ARTC’s Accreditation is suspended or cancelled for a continuous period of longer than one month, the Access Holder has the right to suspend its payment of the TOP Charges for the period commencing from the date of suspension or cancellation of Accreditation until ARTC’s Accreditation is restored.
Other than for liability for TOP Charges under clauses 12.8 and 16.3 or the indemnities given under clauses 4.6 and 13.5, neither party will be liable to the other party for any Consequential Loss relating to this agreement however arising (including under this agreement, in tort including negligence, or for breach of any statutory duty).
In determining Charges, ARTC will have regard to the objective of providing for an open and equitable mechanism for the application of TOP Charges.
Immunohistochemistry of tdTom+ cells at three time points following intracranial injection of AAVs demonstrates an increase in the number of tdTom+ cells, particularly along the corpus callosum of the ipsilateral hemisphere.
To the extent an Access Holder that nominated Relinquished Capacity is unable to assign or trade that capacity to a third party, then that Access Holder remains liable to ARTC for the TOP Charges for any Relinquished Capacity in accordance with the terms of its Access Agreement.
If ARTC voluntarily waives TOP Charges for an Access Holder that are otherwise contractually payable those waived TOP Charges are recoverable through increased TOP Charges applied to other Access Holders, or through unders and overs accounting under this section 4, or through a combination of both, except where the waiver is for thesole benefit of the Access Holder whose TOP Charges have been waived.
To avoid doubt, any variation to TOP Charges paid during a calendar year resulting from complying with section 4 of the Undertaking, and specifically through complying with the applicable Ceiling Limit and calculation of any allocation of the total unders and overs amount, willnot constitute a voluntary waiver of TOP Charges for the purpose ofsubsections (d) and (e).