Clauses 9. 1 and 9.2 shall not prejudice either party's right to seek interim injunctive relief or to commence summary judgment proceedings at any time.
Clauses 9. 8.1 and 9.8.2 above shall override any appropriation made by any Obligor.
Clauses 9. 11.3 and 9.11.4 shall not apply to the Disciplinary Procedures.
Clauses 9. 1.2 and 9.3 shall not apply to those individuals who shall be required by the Provider or any Sub-Contractor to attend on Site to provide emergency reactive services. In the case of such individuals, the Provider shall or shall procure that any Sub-Contractor shall ensure that such individuals are accompanied at all times while on each Site by a member of the Provider or Sub-Contractor's Personnel who has been properly notified to the Council in accordance with clause 9.1.2.
Clauses 9. 2 to 9.4 set out the timing and number of Common Terms Distributions, and identify when Consenting Beneficiaries will be eligible to participate in a Common Terms Distribution. In particular, it is only those Consenting Beneficiaries who are Qualifying Consenting Beneficiaries on a Distribution Date who will be entitled to have Common Terms Distributions distributed to, or otherwise applied in respect of, them on that date.
Clauses 9. 16.1 to 9.16.5 (inclusive) shall not apply if:
Clauses 9. 1to 9.2shall apply during the continuance of this Agreement and shall survive its termination howsoever arising.
Clauses 9. 1 to 9.11 shall not apply in the case of a transfer of all or part of the Shares owned by any Shareholder to its Affiliates or Immediate Family Member (whether in connection with transmission of Shares by operation of law or otherwise) (each such transferee, a “Permitted Transferee”) provided that such Permitted Transferee (if not already bound by the provision of this Agreement) shall execute a Deed of Adherence. Following a transfer of Shares to a Permitted Transferee, the original transferring Shareholder (but not a subsequent transferor in a series of transfers to Permitted Transferees) shall remain party to this Agreement and shall be jointly and severally liable with the Permitted Transferee under this Agreement as a Shareholder in respect of the transferred Shares.
Clauses 9. 2.1 to 9.2.8 do not apply to casual employees. Casual employees will be paid 8% of gross earnings in addition to remuneration which will be calculated and paid each pay period in full recognition of our obligation towards holiday entitlement.
Clauses 9. 11.5 and 9.11.6 will continue to apply regardless of the termination of this Agreement. The ending of this Agreement will not affect any rights, remedies or obligations which may have come into being under this Agreement prior to that time.
