Clause 11. Contractor to provide everything necessary The Contractor is to provide all labour, material, workmanship, machinery, and everything which is or may be necessary in and for the execution and entire completion of the Contract in accordance with the Conditions of Contract, Drawings and Scope of Work.
Clause 11. 2.2 shall not prohibit disclosure or use of any information if and to the extent:
Clause 11. 5.6 of the Commercialisation and Supply Agreement is deleted and replaced by the following:
Clause 11. 1 shall not apply to a Restricted Transfer unless its effect, together with other reasonably practicable compliance steps (which, for the avoidance of doubt, do not include obtaining consents from Data Subjects), is to allow the relevant Restricted Transfer to take place without breach of applicable Data Protection Law.
Clause 11. 3, shall not apply to the costs of defending any employment or personal injury related claim (including legal costs) and the costs of any fines, damages, compensation or interest (including legal costs) associated with or relating to any such claims where the claim or part of the claim arose or relates to the actions or inactions of an Authority prior to the Transfer Date. In cases where the claim arose or relates wholly to a time prior to Transfer Date all such costs will be met by the former employing Authority at that time. Where a claim arose or relates partly to a time before and a time after Transfer Date, liability will be apportioned between the former employing Authority prior to the Transfer Date and the budget of the MKS [ ] Shared Service in such proportions as the Authorities agree to be appropriate. Where any costs are incurred by an Authority which it was not reasonably necessary to incur then such costs shall not be shared but shall be borne by the Authority which incurred them.
Clause 11. The contractor shall supply at his own expense a tools, plants, and by Contractor for due implements required for the due fulfilment of his contract, and the materials shall fulfilment of contract remain at his risk till the date of final delivery, except such portion as shall have been in the meantime removed for use by the Executive Engineer or his Assistant. Delivery on Sundays : Clause -12 :- No materials shall be brought to the site of the work or delivered on Sundays, without the written permission of the Officer-in-charge or the work.
Clause 11. 03 If the Company and Union are unable to agree upon the selection of a single Arbitrator in accordance with the provisions of 11.02 above within 2 weeks or the parties do not agree to a single Arbitrator as provided in 11.01 above, their nominees to an Arbitration Board will jointly select a chairman, but failing agreement, the matter shall be referred to the Minister of Labour for the Province of Ontario who will appoint a Chairperson. Clause 11.04 The single arbitrator or the Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of the agreement, nor to alter, modify, add to or amend any part of this agreement. The decision of a majority of the Board shall be final and binding on both parties to this agreement. The expense of the chairman will be shared equally by both parties. No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance.
Clause 11. 1.1 of the Shareholders Agreement is hereby deleted in its entirety and replaced with the following new Clause 11.1.1: “No Shareholder shall Transfer any of its Shares unless (a) (except in the case of a Transfer to the general public pursuant to or following an IPO or the sale via a cash equities exchange) the Transferee of such Shares shall have first agreed in writing to be bound by and become a Party to this Agreement, (b) such Transfer would not have an adverse regulatory effect or tax consequence on the Company or any Shareholder (including any effect that would subject QIA or the Company to regulation by any governmental authority of any jurisdiction in which NYSE Euronext operates other than the State of Qatar or subject NYSE Euronext to regulation by the State of Qatar other than by virtue of the arrangements provided herein and in the Subscription Agreement, the Services Agreement and the Technology Agreement) and (c) such Transfer is in compliance with applicable laws relating to the sale and resale of securities. In the event of any permitted Transfer of Shares pursuant to this Agreement to an Affiliate of a Shareholder, such Affiliate shall have the rights the Transferring Shareholder held hereunder with respect to the Shares Transferred immediately prior to the consummation of such Transfer for so long as such Affiliate holds such Shares and remains an Affiliate of either QIA or NYSE Euronext (as applicable).”
Clause 11. 2 shall not apply where a party has obtained the written consent of the other party (such consent not to be unreasonably withheld) to divulge or use any Confidential Information or where Confidential Information is required to be disclosed by any law or statutory or regulatory obligation including without limitation the FOIA and the Environmental Information Regulations 2004 (but only to the extent of such law or statutory or regulatory obligation).
Clause 11. 4.1 of the Framework agreement is amended by the insertion of the parenthetical “(which, for the purposes of a Claim relating to Tax shall include the Cosan nominee member and the Shell nominee member of the Tax Coordination Committee, as defined in the Operating and Coordination Agreement)” after the words “shall be referred to the Claim Review Board”.
