and11. 2, interest shall accrue from day to day, after as well as before any judgement, on the unpaid amount, from the Due Date until the date of payment, at a rate equal to the Base Rate plus one per cent (1%).
and11. 2 of this Agreement and clause 11.3 shall not apply unless by genuine agreement.
and11. 2 shall be limited to (i) payment by the indemnifying party (“Indemnitor”) of all damages and costs finally awarded for such claim, (ii) all interim damages and costs that a court may require an Indemnitee to pay for such claim, (iii) settlement costs approved in writing by the Indemnitor, and (iv) costs incurred by the Indemnitee, if any, (including without limitation attorney fees) in the defense of the claim (b) The foregoing obligations shall exist only to the extent not prejudiced by any failure of the party seeking indemnification (“Indemnitee”) to: (i) promptly
and11. 2 shall be limited to (i) payment by the indemnifying party (“Indemnitor”) of all damages and costs finally awarded for such claim, (ii) all interim damages and costs that a court may require an Indemnitee to pay for such claim, (iii) settlement costs approved in writing by the Indemnitor, and (iv) costs incurred by the Indemnitee, if any, (including without limitation attorney fees) in the defense of the claim (b) The foregoing obligations shall exist only to the extent not prejudiced by any failure of the party seeking indemnification (“Indemnitee”) to: (i) promptly notify the Indemnitor of such claim, (ii) provide the Indemnitor with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give the Indemnitor full control and sole authority over the defense and settlement of such claim; provided, however, that the Indemnitor may not settle any claim to the extent there is any acknowledgement of fault of the Indemnitee without the Indemnitee’s written consent, such written consent not to be unreasonably withheld or delayed.
and11. 11, those named Permitted Users being fixed for the duration of the trial period there being no right to swap or substitute names. At the end of the 30 day trial period, if the Prospective Client wishes to subscribe to the Database Service, the parties will adopt the procedures set out in paragraph 1 of this Appendix 6.
and11. 12, of its intent not to renew this Agreement and such subscriptions at least 45 days prior to the end of the then-current term, this Agreement and such subscriptions shall automatically renew for a subsequent 12-month period.
and11. 2 of the Xx Xxxxxxx Declaration of Commercial Covenants, Conditions and Restrictions ("Commercial Covenants"), Parent will not (and will cause its Affiliates not to) take any actions allowed or amend or consent to the amendment of the Master Covenants or Commercial Covenants in any manner that has a material adverse effect upon any right of the owner of the Park.
and11. 2 shall not extend to any matter which:
and11. 3(F) (Instructions to Security Agent and exercise of discretion); or
