Common Law Rights not Affected Sample Clauses

Common Law Rights not Affected. Neither Our rights, nor Your liability, whether under this Agreement or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: (a) the rights conferred upon the Parties by this clause 6 or any other provision of this Agreement; (b) the failure by Us or the Departmental Officer to exercise any such rights; or (c) any instruction of the Departmental Officer under clause 6.5.
Sample 1
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Common Law Rights not Affected. Neither the Principal's rights, nor the Managing Contractor's liabilities, whether under the Contract or otherwise according to law in respect of Defects, whether before or after the expiration of the Defects Liability Period, will be affected or limited by: (a) the rights conferred upon the Principal or the Principal's Representative by this clause 20 or any other provision of this Contract; (b) the failure by the Principal or the Principal's Representative to exercise any such rights; or (c) any direction of the Principal's Representative under subclause 20.3. The Managing Contractor must give the Principal's Representative reasonable advance notice of when the Managing Contractor needs other information, materials, documents or instructions from the Principal or Principal's Representative. The Principal and the Principal's Representative shall not be obliged to give any information, materials, documents or instructions earlier than the Principal or the Principal's Representative, as relevant, should reasonably have anticipated. The Principal's Representative may direct in what order and at what time the various stages or Portions of the Services must be carried out. If the Managing Contractor can reasonably comply with the direction, the Managing Contractor must do so. If the Managing Contractor cannot reasonably comply, the Managing Contractor must give the Principal's Representative written notice of the reasons. For the avoidance of doubt, no direction by the Principal's Representative will constitute a direction under this clause 21 unless the direction is in writing and expressly states that it is a direction under this clause 21. The Managing Contractor must: (a) provide the Principal's Representative with a program within 10 Business Days of the date of execution of the Contract (or any longer period agreed by the Principal’s Representative in writing) for the review of the Principal's Representative under subclause 5.4; and (b) submit an updated program to the Principal's Representative for the review of the Principal's Representative under subclause 5.4, on the second Business Day of each month to illustrate progress of the Services and the project and to take account of changes to the program and delays which have occurred. A program is a written statement showing the dates by which, or the times within which, the various stages or Portions of the Services and the project are to be carried out or completed. It shall not be a Contract document....
Sample 1
Common Law Rights not Affected. 13.7.1 Neither City’s rights nor XXXX Firm’s liability with respect to a Defect, whether under this Agreement or under Applicable Laws with respect to any Defect, whether before or after the expiration of the Warranty Period, will be affected or limited by: (a) the rights conferred upon City or the City Representative by under any provision of this Agreement; (b) the failure by City or the City Representative to exercise any such rights; or (c) any instruction of the City Representative under Section 13.1.2. 13.7.2 Nothing under this Agreement shall limit City’s remedies under Applicable Laws or otherwise, including with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including rights to any defect claims under California Code of Civil Procedure section 337.15.
Sample 1

Related to Common Law Rights not Affected

  • Transfer of Subject Securities and Voting Rights 2.1 Restriction on Transfer of Subject Securities. Subject to Section 2.3 below, during the Support Period, Stockholder shall not cause or permit any Transfer of any of the Subject Securities to be effected. Without limiting the generality of the foregoing, during the Support Period, Stockholder shall not tender, agree to tender or permit to be tendered any of the Subject Securities in response to or otherwise in connection with any tender or exchange offer other than the Offer.

  • Registration Rights; Rights of Participation Except as set forth on Schedule 6(b) to the Registration Rights Agreement, the Company has not granted or agreed to grant to any Person any rights (including "piggy-back" registration rights) to have any securities of the Company registered with the Commission or any other governmental authority which has not been satisfied. Except as set forth on Schedule 6(b) to the Registration Rights Agreement, no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents.

  • Rights of Registration and Voting Rights Except as provided in the Investors’ Rights Agreement, the Company is not under any obligation to register under the Securities Act any of its currently outstanding securities or any securities issuable upon exercise or conversion of its currently outstanding securities. To the Company’s knowledge, except as contemplated in the Voting Agreement, no stockholder of the Company has entered into any agreements with respect to the voting of capital shares of the Company.

  • Restriction on Transfer of Voting Rights During the Voting Period, Stockholder shall ensure that: (a) none of the Subject Securities is deposited into a voting trust; and (b) no proxy is granted, and no voting agreement or similar agreement is entered into, with respect to any of the Subject Securities.

  • Certain Voting Rights So long as any Series K Preferred Units remain outstanding, the Partnership shall not, without the affirmative vote of the holders of at least two-thirds of the Series K Preferred Units outstanding at the time (i) authorize or create, or increase the authorized or issued amount of, any class or series of Partnership Interests ranking prior to the Series K Preferred Units with respect to payment of distributions or rights upon liquidation, dissolution or winding-up or reclassify any Partnership Interests of the Partnership into any such Partnership Interest, or create, authorize or issue any obligations or security convertible into or evidencing the right to purchase any such Partnership Interests, (ii) authorize or create, or increase the authorized or issued amount of any Parity Preferred Units or reclassify any Partnership Interest of the Partnership into any such Partnership Interest or create, authorize or issue any obligations or security convertible into or evidencing the right to purchase any such Partnership Interests but only to the extent such Parity Preferred Units are issued to an affiliate of the Partnership, other than the General Partner to the extent the issuance of such interests was to allow the General Partner to issue corresponding preferred stock to persons who are not affiliates of the Partnership or (iii) either consolidate, merge into or with, or convey, transfer or lease its assets substantially as an entirety to, any corporation or other entity or amend, alter or repeal the provisions of the Partnership Agreement (including, without limitation, this Article 19), whether by merger, consolidation or otherwise, in each case in a manner that would materially and adversely affect the powers, special rights, preferences, privileges or voting power of the Series K Preferred Units or the holders thereof; provided, however, that with respect to the occurrence of any event set forth in (iii) above, so long as (a) the Partnership is the surviving entity and the Series K Preferred Units remain outstanding with the terms thereof unchanged, or (b) the resulting, surviving or transferee entity (I) is a partnership, limited liability company or other pass-through entity organized under the laws of any state, (II) is not taxable as a corporation for U.S. federal income tax purposes and (III) substitutes the Series K Preferred Units for other interests in such entity having substantially the same terms and rights as the Series K Preferred Units, including with respect to distributions, voting rights and rights upon liquidation, dissolution or winding-up, then the occurrence of any such event shall not be deemed to materially and adversely affect such rights, privileges or voting powers of the holders of the Series K Preferred Units; and provided further, that any increase in the amount of Partnership Interests or the creation or issuance of any other class or series of Partnership Interests represented by Junior Units or Parity Preferred Units are not issued to an affiliate of the Partnership, other than the General Partner to the extent the issuance of such interests was to allow the General Partner to issue corresponding preferred stock to persons who are not affiliates of the Partnership, shall not be deemed to materially and adversely affect such rights, preferences, privileges or voting powers.

  • Registration Rights and Voting Rights Except as required pursuant to the Investor Rights Agreement, the Company is presently not under any obligation, and has not granted any rights, to register under the Securities Act of 1933, as amended (the “Securities Act”), any of the Company’s presently outstanding securities or any of its securities that may hereafter be issued. To the Company’s knowledge, no stockholder of the Company has entered into any agreement with respect to the voting of equity securities of the Company.

  • No Applicable Registration or Other Similar Rights There are no persons with registration or other similar rights to have any equity or debt securities registered for sale under the Registration Statement or included in the offering contemplated by this Agreement, except for such rights as have been duly waived.

  • Transferability of Registration Rights The registration rights set forth in this Agreement are transferable to each transferee of Registrable Securities. Each subsequent holder of Registrable Securities must consent in writing to be bound by the terms and conditions of this Agreement in order to acquire the rights granted pursuant to this Agreement.

  • Rights Not Exclusive The rights provided for in this Agreement and the other Loan Documents are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law or in equity, or under any other instrument, document or agreement now existing or hereafter arising.

  • Transfer of Voting Rights Stockholder agrees that, during the period from the date of this Agreement through the Expiration Date, Stockholder shall not deposit (or permit the deposit of) any Shares in a voting trust or grant any proxy or enter into any voting agreement or similar agreement in contravention of the obligations of Stockholder under this Agreement with respect to any of the Shares.

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