Breach of this clause. If a Party to a Dispute breaches clauses 18.1 to 18.4, the other Parties to the Dispute do not have to comply with those clauses in relation to the Dispute before starting court proceedings.
Breach of this clause. If a Party to a Dispute breaches this clause 9, the other Party to the Dispute does not have to comply with those clauses in relation to the Dispute.
Breach of this clause. If, in relation to a Dispute, a Disputant breaches any provision of clauses 16.1 to 16.5, each other Disputant need not comply with those clauses in relation to that Dispute.
Breach of this clause. If a party breaches clauses 37.1 to 37.8, the other party does not have to comply with those clauses in relation to the Dispute.
Breach of this clause. If a Party breaches Clauses 32.1 (No arbitration or court proceedings) to 32.3 (Parties to resolve Dispute) above, the other Party does not have to comply with those clauses in relation to the Dispute.
Breach of this clause. If a party to a Dispute breaches clauses 17.1 to 17.8, the other parties to the Dispute do not have to comply with those clauses in relation to the Dispute.
Breach of this clause. If in relation to a Dispute a Disputant beaches any provision of clauses 14.1 to 14.6, each other Disputant need not comply with clauses 14.1 to 14.6 in relation to that Dispute.
Breach of this clause. 19 by the Supplier shall be deemed a material breach of the Contract incapable of remedy which shall entitle the Company to terminate the Contract with immediate effect in accordance with clause 13.1.2, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Company and provided always that the Company may recover from the Supplier the amount or value of any gift, consideration or commission deemed to be the cause of, or contributory to, the breach.
Breach of this clause. (12) shall entitle The Client to terminate the agreement and all Contracts. 20
Breach of this clause. If a party to a Dispute breaches clauses 21.1 to 21.9, the other party does not have to comply with those clauses in relation to the Dispute. Disputes in relation to Commercially Sensitive Information ARENA may challenge, by giving Notice to the Recipient, any determination or notification by the Recipient as to whether information is Commercially Sensitive Information (Disputed Information). If the Recipient disputes any challenge made by ARENA under clause 22.1(a), the Dispute must be referred for resolution in accordance with the procedures in this clause 22. The Disputed Information must be submitted to a final, binding, independent review. The parties must agree on the appointment of a mutually acceptable Senior / Queens Counsel to act as independent reviewer (Independent Reviewer) or in the absence of agreement, by a Senior / Queens Counsel nominated by ARENA. The Independent Reviewer must be provided with, by no later than 5 Business Days after appointment: copies of all documents comprising or containing the Disputed Information; and any submission by the parties that may be relevant to assessing whether the Disputed Information is Commercially Sensitive Information. The Independent Reviewer is to make an assessment of the Disputed Information and determine whether or not it constitutes Commercially Sensitive Information. The assessment must be provided to the parties within 5 Business Days of the Independent Reviewer receiving the material referred to in clause 22.1(e) above. The Independent Reviewer’s assessment shall be final and binding on the parties. The costs of the Independent Reviewer shall be paid in equal proportions by the parties. Where a challenge is made under clause 22, the relevant information will be deemed to be Commercially Sensitive Information and ARENA must not disclose or communicate the relevant information pending the outcome of the resolution by the Independent Reviewer under this clause 22. Part 7 – Other ARENA’s liability ARENA’s total aggregate liability to the Recipient under, or in connection with, the Agreement is limited to the amount of the Funds. Replacement Personnel Subject to clause 24.1(f), ARENA may at any time, by Replacement Notice to the Recipient, request the Recipient to remove from work in respect of this Agreement any Personnel that are Identified Personnel. XXXXX agrees to consult with the Recipient for a period of not more than 10 Business Days following the issuance of a Replacement Notice in order...
