Clauses 6. 1.14 to 6.1.26 apply to Flexible Tenancies only
Clauses 6. 3.1 to 6.3.6 are without prejudice to the application of the Official Secrets Acts 1911 to 1989 to any Confidential Information.
Clauses 6. 1.4 to 6.1.13 apply to Introductory, Secure and Flexible Tenancies.
Clauses 6. 1.8-6.1.13 do not apply to a period of annual leave that an Employee is required to take during a temporary shutdown period in accordance with Clause 6.1.14.
Clauses 6. 1 and 6.2 shall not apply in respect of, and shall not operate so as to restrict or prevent:
(a) any matter reasonably undertaken by any Seller Party in an emergency or disaster situation, including relating to life, fire or health and safety, with the intention of, and to the extent only of those matters strictly required with a view to, minimising any adverse effect thereof in relation to the relevant Assets or the Business;
(b) the completion or performance of actions which are necessary to discharge any obligation undertaken pursuant to:
(i) any legal or regulatory obligation; or
(ii) any contract, arrangement, licence or consent entered into by or relating to the Assets or the Business prior to the date of this agreement contained in the Data Room Information;
(c) any matter expressly permitted by, or necessary for performance of, any Transaction Document or necessary for Completion or the NLN Completion; and/or
(d) any matter undertaken at the written request or with the written consent of the Buyer (such consent not to be unreasonably withheld or delayed). If written consent is sought pursuant to this clause 6.3(d) in respect of any matter expressed by the Seller Parent (acting in good faith and reasonably) to be urgent and provided the related request provides reasonable detail to the Buyer regarding the proposed action, and no response from the Buyer shall have been received by the Seller Parent within three Business Days of receipt of the request, the consent shall be deemed to have been granted.
Clauses 6. 8.1 will not apply if the insurers refuse to pay out the policy monies because of anything the Tenant has done or failed to do.
Clauses 6. 1.3 and 6.1.4 of the Contract to be deleted.
Clauses 6. 3 – 6.9 of the Customer Contract will apply to each Management Committee established under this Attachment 3-2 (Management Committees) to Schedule 3 (Service Level Agreement).
Clauses 6. 3 and 6.6 shall not apply so as to limit the liability of any Warrantor in respect of any fraud by such Warrantor or any remedy available to any other Seller or the Buyer in respect thereof.
