Clause 34. 3.1 will not restrict the Client or Exult Supplier from employing employees of the other party:
Clause 34. 11.2 shall not apply to the extent that the indemnity payment in respect of which the Lender claims reimbursement relates to a liability of the Agent to an Obligor.
Clause 34. 10 (Exclusion of liability) shall, for the purposes of its application to the Security Agent pursuant to clause 34.22.1 shall include the following after sub clause 34.10.1(b):
Clause 34. 6(a) will not come into effect:
Clause 34. 1.1 applies only where the Agency deals with personal information (as defined in the IP Act) and health information (as defined in the HR Act) when, and for the purpose of this Agreement.
Clause 34. 1.1 above shall not apply to any amount received or recovered by an Ancillary Lender in respect of any cash cover provided for the benefit of that Ancillary Lender.
Clause 34. 5.1 and 35.2 above will override any appropriation made by an Obligor.
Clause 34. 2 shall not override clause 33 (Roles of Agent, Security Agent and Arranger) as it applies to the Security Agent.
Clause 34. 1 shall not apply where title to that IPR is intended to pass to the other Party or that other Party is intended to enjoy a licence or right to use that IPR post termination as result of this Agreement.
Clause 34. The Dispute Settlement Procedure shall be used to resolve any dispute arising from the operation of this clause.
