Clause 12 Sample Clauses

Clause 12. 7.1 shall not oblige any Finance Party to do anything, and Clause 12.7.1(c) shall not oblige any other Party to do anything, which would or might in its reasonable opinion constitute a breach of: (a) any law or regulation; (b) any fiduciary duty; or (c) any duty of confidentiality.
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Clause 12. 2.1 shall not prohibit disclosure or use of any information if and to the extent: (i) the disclosure or use is required by law, any governmental or regulatory body or any stock exchange on which the shares of any party (or its holding company) are listed; (ii) the disclosure or use is required to vest the full benefit of this Agreement or the Ancillary Agreements in any party; (iii) the disclosure or use is required for the purpose of any arbitral or judicial proceedings arising out of this Agreement, the Ancillary Agreements, or any other agreement entered into under or pursuant to this Agreement or to enable a determination to be made by the Reporting Accountants under this Agreement; (iv) the disclosure is made to a Tax Authority in connection with the Tax affairs of the disclosing party; (v) the disclosure is made on a confidential basis to a ratings agency in connection with the affairs of the disclosing party; (vi) the disclosure is made by the Purchaser to any of its Representatives, any member of the Purchaser’s Groups and/or any of their Representatives, or by a Seller to any of its Representatives, any member of that Seller’s Group and/or any of their Representatives, in each case on a “need-to-know” basis and provided they have a duty (contractual or otherwise) to keep such information confidential; (vii) the information was lawfully in the possession of that party without any obligation of secrecy prior to its being received or held, in either case as evidenced by written records; (viii) the information is or becomes publicly available (other than by breach of this Agreement); (ix) the other party(ies) in respect of whom the information relates has given prior written approval to the disclosure or use; or (x) the information is independently developed, provided that prior to disclosure or use of any information pursuant to Clause 12.2.2(i), (ii) or (iii), the party concerned shall, where not prohibited by law, promptly notify the other parties of such requirement with a view to providing the other parties with the opportunity to contest such disclosure or use or otherwise to agree the timing and content of such disclosure or use.
Clause 12. 3.1 above shall not apply: (a) with respect to any Tax assessed on a Finance Party: (i) under the law of the jurisdiction in which that Finance Party is incorporated or, if different, the jurisdiction (or jurisdictions) in which that Finance Party is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which that Finance Party’s Facility Office is located in respect of amounts received or receivable in that jurisdiction, if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by that Finance Party; or (b) to the extent a loss, liability or cost is compensated for by an increased payment under clause 12.2 (Tax gross-up).
Clause 12. 3.1 applies even if the liabilities, actions, claims, demands, losses, damages, proceedings, costs, charges and expenses result from anything that the Tenant or the Tenant’s Employees and Agents may be authorised or obliged to do under this Lease, and even if the Landlord gave any waiver or indulgence in respect of that matter.
Clause 12. Q003: If manufacturers state in their installation instructions to reduce the extension of a bolt to less than two threads beyond the nut face, is this acceptable? A: Yes
Clause 12. 3.1 shall not apply: (a) with respect to any Tax assessed on the Lender: (i) under the law of the jurisdiction in which the Lender is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Lender is treated as resident for tax purposes; or (ii) under the law of the jurisdiction in which the Facility Office is located in respect of amounts received or receivable in that jurisdiction, if that Tax is imposed on or calculated by reference to the net income received or receivable (but not any sum deemed to be received or receivable) by the Lender; or (b) to the extent a loss, liability or cost: (i) is compensated for by an increased payment under Clause 12.2 (Tax gross-up); (ii) would have been compensated for by an increased payment under Clause 12.2 (Tax gross-up) but was not so compensated solely because one of the exclusions in Clause 12.2.4 (Tax gross-up) applied; or (iii) relates to a FATCA Deduction required to be made by a Party.
Clause 12. Q166: How does this section apply to an opening that does not completely pass through? For example a box like, orifice deeper than 4”. The “opening” has dimensions/shape that accepts the torso probe to a depth greater than 4”/100mm and does not accept the head probe.
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Clause 12. 1.1 does not in any way limit the obligations of the Borrower under the Finance Documents.
Clause 12. Sub-clauses 12(1)(a) to 12(1)(f) are omitted. Sub-clause 12(1)(g) is amended as follows: (i) the word "him" is deleted and replaced with "such owner occupier or lessee"; (ii) the word "mining" is inserted after "the Company's"; and (iii) the words "the freehold land the prior land or the purchased land" are inserted after "leased area". Sub-clauses 12(1)(h) and 12(1)(i) are omitted. Sub-clause 12(1)(j) is amended as follows: (i) the word "mining" is inserted before "operations"; (ii) the words "the freehold land the prior land or the purchased land" are inserted after "leased area"; and (iii) the words "all statutory provisions" are deleted and replaced with "the Act and all other statutory provisions". Sub-clause 12(2) is omitted.
Clause 12. 2.15 - Enclosure of the works The contractor shall erect, maintain and remove at completion hoardings with gantries, fans, safety screens, barriers, access gates, covered gangways and the like as necessary for the enclosure of the works and elements thereof, all for the protection of the public and others [12.2.15] Clause 12.2.18 - Office accommodation F:............................. V:............................ T:............................
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