AGREED CONDITIONS. Such other matters as the Parties agree in writing will constitute Conditions for the purposes of this Agreement. Without limiting and without prejudice to Clauses 5.1 through 5.13 (inclusive), until Completion the Seller shall, within the confines of Applicable Law, ensure that, without the prior written consent of the Purchaser (and for this purpose, the Purchaser agrees, when determining whether to give consent, that it shall act reasonably and that such decision will not be unreasonably delayed) no Group Company shall, and (where applicable) the Seller shall not for and on behalf of a Group Company:
1. create, allot or issue any share or loan capital or other security or agree, arrange or undertake to do any of those things;
2. give or agree to give any option, right to acquire or call (whether by conversion, subscription or otherwise) in respect of any of its share or loan capital;
3. merge or consolidate with a corporate body or any other Person, enter into any demerger transaction or participate in any other type of corporate reconstruction;
4. in each case, save to the extent permitted by paragraph 10 below, acquire, transfer, assign, pledge, mortgage, lease, sell or dispose of, or agree to acquire, transfer, assign, pledge, mortgage, lease, licence, enter into a partnership, joint venture or similar arrangement with regard to, sell or dispose of, any material assets (whether tangible or intangible), including rights to products or pipeline products, businesses or undertakings or suffer to exist any Encumbrance thereon (other than security interests created in the Ordinary Course of Business and in compliance with any other provisions of this Schedule 3) or assume or incur, or agree to assume or incur, any material liability or obligation outside the Ordinary Course of Business, in excess of ***;
AGREED CONDITIONS. (a) No variation of these terms and conditions is valid unless approved by a director of the Company
(b) If any payment hereunder to the Company falls into arrears the Company may cancel or postpone the performance of this contract in whole or in part until payment is settled
(c) If the Customer becomes insolvent the Company may cancel or postpone the performance of this contract in whole or in part until payment is settled
(d) These terms shall take precedence over any terms and conditions of the Customer whether attached to enclosed with or referred to in any purchase order of the Customer or elsewhere
(e) The title and ownership in the goods set out in the Description shall not pass to the Customer until the Price has been paid in full together with any VAT thereon
(f) The Company shall have the right to substitute materials (including the use of engineered materials) as near as possible of the same quality and value in lieu of those contained or referred to in the Description if in its absolute discretion it deems it expedient so to do and to make reasonable modifications to the specifications in such manner as may be necessary as a result of the use of such substituted materials as aforesaid but such substitution and modification shall not substantially alter the goods and or services in the Description
(g) The Company is not liable for any breach of this contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Company’s employees), weather of exceptional severity, unavoidable hardware or software failures, or acts of local or central government or other authorities Continued…………
AGREED CONDITIONS. Such other matters as the Parties agree in writing will constitute Conditions for the purposes of this Agreement.
AGREED CONDITIONS. Such other matters as the Parties agree in writing will constitute Conditions for the purposes of this Agreement. *** Denotes confidential information that has been omitted from this exhibit and filed separately with the Securities and Exchange Commission. Without limiting and without prejudice to Clauses 5.1 through 5.13 (inclusive), until Completion the Seller shall, within the confines of Applicable Law, ensure that, without the prior written consent of the Purchaser (and for this purpose, the Purchaser agrees, when determining whether to give consent, that it shall act reasonably and that such decision will not be unreasonably delayed) no Group Company shall, and (where applicable) the Seller shall not for and on behalf of a Group Company:
AGREED CONDITIONS a. Upon completion of the new irrigation line by ST. XXXXXX, SANTA XXXXX reserves the right to connect to this line at any location within the SANTA XXXXX limits for future parks, schools, etc.;
b. Usage of the irrigation line will not affect the performance of the line or SANTA CLARA’s ability to water existing facilities. ST. GEORGE’s usage of the irrigation line will be limited to between the hours of 10:00 am and midnight. In the event that ST. XXXXXX requires usage between the hours of midnight and 10:00 am, they would need to demonstrate that any such usage would not impact SANTA XXXXX and their ability to irrigate existing facilities;
AGREED CONDITIONS. Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth, and in lieu of any formal proceedings at this time, EFCTS knowingly and voluntarily agrees with the Board to the following terms, conditions, and limitations: The Board denies full approval status to EFCTS and EFCTS’s conditional approval status is hereby continued until the November 2025 Board Meeting, at which time its status will be reviewed by the Board pursuant to Section 4723.06(A)(6), ORC, subject to the following terms and conditions:
