Clause 8. 1.1 does not apply with respect to a refusal, limitation, specification or preference based on a legitimate occupational requirement.
Clause 8. 2. Clause 8.2 of the Agreement is hereby amended by adding the following sentence immediately after the end of Clause 8.2: “University represents and warrants that (a) it solely owns the patent applications set forth in Schedule 2 and has obtained all rights from the inventors of the inventions claimed in such patent applications, (b) it has the right to grant the licence to the Licensee as granted under the Agreement, and (c) it has not granted any rights under the patent applications set forth in Schedule 2 to a third party except rights in the prenatal field and an internal research licence (with no commercialization rights) to [***], as identified in Clause 2.4.3”.
Clause 8. 12.1 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;
(b) to the extent a loss, liability or cost is compensated for by an increased payment under Clause 17.3; or
(c) to the extent a loss, liability or cost relates to a FATCA Deduction required to be made by a Party.
Clause 8. 03 Clause 8.04 Clause 8.05 Clause 8.06 Clause 8.07
Clause 8. Method of rent payment Clause 9 – Location of rent payment
Clause 8. 13.1 above shall not oblige any 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.
Clause 8. 6.1: Insurance Add the following: Damage to the Works (a) Without in any way limiting the Contractor’s obligations in terms of the Contract, the Contractor shall bear the full risk of damage to and/or destruction of the Works by whatever cause during construction of the Works and hereby indemnifies and holds harmless the Employer against any such damage. The Contractor shall take such precautions and security measures and other steps for the protection and security of the Works, as he may deem necessary.
Clause 8. 11.1 shall not oblige any Finance Party to do anything, and Clause 8.11.1(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.
Clause 8. Insurance The value of the materials supplied by the Employer to be included in the insurance sum is - Nil.
Clause 8. 2 replaced: In relation to the Series 2021-1 Bonds, clause 8.2 of the Trust Deed shall not apply and the following clause shall apply in its place:
