Clauses 16. 1 to 16.5 shall operate without prejudice to and be read subject to the application of the Official Secrets Acts 1911 to 1989 to any Confidential Information.
Clauses 16. 4.1 to 16.4.2 shall survive termination of this Contract.
Clauses 16. 1 to 16.3 above shall not restrict either party’s ability to commence court proceedings in respect of any: (a) matter relating to its Confidential Information or Intellectual Property Rights; and/or (b) unpaid invoice.
Clauses 16. 02 and 16.03 shall apply to the eligible dependants of an eligible employee (as defined in clauses 16.01(a) and (b) above). Such dependants are defined as follows:
Clauses 16. 1.4 and 16.
Clauses 16. 1 to 16.4 shall apply howsoever the Employment is determined and whether or not such termination is connected with or results from a breach of this Agreement on the part of the Executive or the Employer.
Clauses 16. 3 and 16.4 do not apply if the recipient of a notice notifies the sender within one (1) hour after the time at which the notice would otherwise be deemed to be served that the notice has been received in a form, which is illegible in a material respect.
Clauses 16. 2 to 16.4 do not apply to Confidential Information which:
16.5.1 is at the date of this Agreement, or at any time after that date, becomes publicly known other than by the Receiving Party's or Recipient's breach of this Agreement;
16.5.2 can be shown by the Receiving Party to the Disclosing Party's reasonable satisfaction to have been known by the Receiving Party before disclosure by the Disclosing Party to the Receiving Party;
16.5.3 is required to be disclosed by law, by a rule of a listing authority or stock exchange to which any Receiving Party is subject or submits or by a governmental authority or other authority with relevant powers to which any Receiving Party is subject or submits, whether or not the requirement has the force of law; or
16.5.4 is disclosed to auditors of a Receiving Party, or (as applicable) a member of the XL Group, or a Buyer's Group Undertaking, or rating agencies provided that such auditors or rating agencies are made aware of the provisions of this Clause 16.
Clauses 16. 2.1 to 16.2.5 shall not apply to:
(i) any Intellectual Property Rights subject to Clause 16.2.7;
(ii) any assets, properties, services or rights (including omitted services, whether such omitted services have already been requested or not), benefits or rights (including Intellectual Property Rights) which:
(a) are used under or for the purposes of, or pursuant to or in connection with;
(b) relate to the subject matter of; or
(c) are provided, may be provided, or may be requested to be provided pursuant to, the Vodafone Intercompany Services Agreement, the Vodafone Surviving Intra Group Agreements, the Transitional Services Agreement and any Xxxxxxxxx Intra Group Agreement as at Closing or at any time following Closing. In no event shall the application of this Clause 16.1 result in an outcome that is contrary to the outcome that would be achieved by applying the provisions of the Vodafone Intercompany Services Agreement, the Vodafone Surviving Intra Group Agreements, the Transitional Services Agreement and any Xxxxxxxxx Intra Group Agreement as at Closing or any time following Closing (including the provisions in connection with omitted services, pricing and caps on service charges);
(iii) any assets or properties which are accounted for in the Xxxxxxxxx Closing Schedules or the Vodafone Closing Schedules (as applicable);
(iv) assets and any property listed and referred to in Schedule 19; and
(v) any Reliefs.
Clauses 16. 5.1 and 16.5.2 and do not apply to Permitted Encumbrances or to Permitted Disposals.
