Boilerplate provisions. (a) Pricing and payment provisions.
Boilerplate provisions. 18.1 Avance Clinical must not publish any information generated in providing the Services unless Incannex provides its prior written approval (not to be unreasonably withheld or delayed) to the publication of that material.
Boilerplate provisions. The Low Carbon Hydrogen Agreement will contain standard and miscellaneous provisions, largely following the AR4 CfD, including provisions relating to: (a) intellectual property rights (with such provisions aligned, as appropriate, with the IPR provisions in the CCUS Programme HoTs); (b) assignment; (c) marketing, publicity or communication; (d) notices; and (e) governing law.
Boilerplate provisions. The precedent includes a complement of “boilerplate” provisions – a copyright retention clause in respect of the manager’s documents subject to a royalty- free licence for the owner, subject to payment of the manager’s fees, to use them in connection with the development project and the property; expert determination and arbitration provisions; interest on late payments; notices; VAT; confidentiality; third party rights; a “no partnership or joint venture” declaration; Bribery Act provisions; and an applicable law and jurisdiction clause.
Boilerplate provisions. Notices Notices or communications may be sent by post, by fax or electronically under the GMRA178. Delivery rules vary depending on the means used, but broadly involve the notice’s arrival within the receiver’s sphere of control179, except where this is not on a business day180. Notices or communications may be sent by post, by fax or electronically under the GMSLA. Delivery rules vary depending on the means used, but broadly involve the notice’s arrival within the receiver’s sphere of control, except where this is not on a business day181. The ISDA Master Agreement provisions regarding notices182 largely mirror those in the GMRA and GMSLA, although the ISDA Master Agreement also provides for the ability to send notices by telex183. This would not be changed in the SFT schedule provisions. No waivers The GMRA provides that no express or implied waiver of any event of default by either party constitutes a waiver of any other event of default, and no exercise of any remedy will constitute a waiver of a party’s right to exercise another. Failure to provide notice will not constitute a right to do so at a later date184. The GMSLA similarly provides that no failure or delay by a party to exercise a right or power will operate as a waiver. Again, a partial exercise of any right does not preclude any other or further exercise of that right or another right185. The ISDA Master Agreement also does not permit the failure, delay or partial exercise of a right to operate as a waiver in respect of that right or others186. This would not be changed in the SFT schedule provisions. Governing law and jurisdiction The GMRA is governed by English law and requires parties to submit to the exclusive jurisdiction of the English courts (including in respect of any non- contractual obligations arising out of the agreement)187. The GMSLA is also governed by English law188 and the parties must submit to the exclusive jurisdiction of the English courts (including in respect of any non- contractual obligations arising out of the agreement)189. By contrast with the GMRA and GMSLA, parties are able to select via the schedule which law the ISDA Master Agreement is governed by190: either English Law or New York Law191. The election in the schedule then affects the courts that must be used to institute proceedings in192. Contrary to the GMRA and GMSLA, the ISDA provides for parties to submit to the non-exclusive jurisdiction of either the New York or English xxxxxx000. Further options are...
