Clause 9. Q124: How is the number of users determined for stairs or steps? Should the area of the steps be evaluated as projected area or individually?
Clause 9. Q200: How do you determine the number of simultaneous users on a component that has overlapping surfaces? (Example : cross‐shaped crawl tube)
Clause 9. Q153: Can a participant use either type of load distribution device for this load test? A: Yes, either type of load distribution device is acceptable.
Clause 9. 1 shall not apply to the extent the IPR Claim in question is attributable to:
(a) possession, use, development, modification or retention of the Materials (wholly or in part) by the Customer other than in accordance with this Agreement;
(b) the Customer's failure to provide a suitable environment for receiving the Materials, including establishing required connections to the Customer’s systems; or
(c) use of the Materials (wholly or in part) in combination with any data not supplied or specified by ICE to the extent that the infringement would have been avoided by the use of the Materials (wholly or in part) not so combined.
Clause 9. If the First Party wishes to renew this contract, The Second Party shall be notified of the same before the end of the term by serving a written notice as per the Second Party’s grade. Thereafter, the contract between the two parties shall be renewed and attested. The First Party shall pay the expenses and costs of the residence visa of the Second Party.
Clause 9. 4(a) does not apply to the indemnity given by the Unit Holder under clauses 5 and 15.4 of this Agreement.
Clause 9. 15.9 of the Seller Disclosure Schedule sets forth an accurate and complete list of all material elections with respect to Taxes affecting the Seller or any of the Transferred Assets of the Business. There are no outstanding rulings of, or requests for rulings with, any Tax authority expressly addressed to the Seller or any Affiliate of the Seller that are, or if issued would be, binding upon the Purchaser for any Tax period or portion thereof beginning after the Closing Date.
Clause 9. 19.3 of the Seller Disclosure Schedule sets forth an accurate and complete list of all Judgments to which the Business or any of the Transferred Assets of the Business, is or has been subject. To the Knowledge of the Seller, no director, officer, employee or agent of the Seller or any of its Affiliates is subject to any Judgment that prohibits such director, officer, employee or agent from engaging in or continuing any conduct, activity or practice relating to the Business.
Clause 9. 2.1 shall not prohibit disclosure or use of any information if and to the extent that:
(i) The disclosure or use is necessary in order to allow any Party to comply with any legal or regulatory requirement to make any announcement or to provide information to any public authority provided, however, that such Party shall consult with each other Party in respect of (a) the information that it intends to disclose in order to comply with such legal requirement and (b) the manner in which such information will be disclosed;
(ii) The disclosure or use is required for the purpose of any judicial or arbitration proceedings arising out of or in connection with this Agreement;
(iii) The disclosure is made to professional advisers of any Party on condition that such professional advisers undertake to comply with the provisions of Clause 9.2.1 in respect of such information as if they were a party to this Agreement;
(iv) The information is or becomes publicly available (other than as a result of any breach by such Party of this Agreement);
(v) The information becomes available to the Party bound by this Clause 9.2 from a source which is not bound by any obligation of confidentiality in relation to such information (as can be demonstrated by such Party’s written records and other reasonable evidence); or
(vi) The other Parties have given prior written approval to the disclosure or use.
Clause 9. 18.7 of the Seller Disclosure Schedule sets forth an accurate and complete list of, and the Seller has made available to the Purchaser accurate and complete copies of, all environmental reports, investigations, audits, correspondence and other documents relating to environmental or occupational safety and health matters, possessed or initiated by the Seller that were obtained from, requested by, or conducted by or on behalf of the Seller or any of its Affiliates, any Governmental Authority or any other third party during the past 5 (five) years and relating to the Business or the Transferred Facilities.
