Common Terms. In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 10 (Non-Petition and Limited Recourse) of the Common Terms.
Common Terms. The Common Terms apply to this Agreement, except that (a) Sections 2.1(c) (Expenses), 2.1(d) (Binding Effect; Assignment), 2.1(i) (Entire Agreement), 2.1(k) (Amendments and Waivers) and 2.1(m) (Governing Law) of such Common Terms do not apply to this Agreement, and (b) in the event of a conflict between any provision of the Common Terms and any provision in this Agreement, the terms of this Agreement will prevail.
Common Terms. The provisions of Parts Four, and Five, Articles XXIII through LII below, apply to this Part Two and are incorporated herein by reference. PART THREE REMEDIAL AND CORRECTIVE ACTIONS
Common Terms. In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with clause 3 (Limited Recourse, No Lien Or Set-Off, No Petition) of the Common Terms.
Common Terms. 3.1 Contractual recognition of bail-in
(a) Notwithstanding any other term of any Related Document or any other agreement, arrangement or understanding between the parties, each party acknowledges and accepts that any liability of any party to any other party under or in connection with the Related Documents may be subject to Bail-In Action by the relevant Resolution Authority and acknowledges and accepts to be bound by the effect of:
(i) any Bail-In Action in relation to any such liability, including (without limitation):
(A) a reduction, in full or in part, in the principal amount, or outstanding amount due (including any accrued but unpaid interest) in respect of any such liability;
(B) a conversion of all, or part of, any such liability into shares or other instruments of ownership that may be issued to, or conferred on, it; and
(C) a cancellation of any such liability; and
(ii) a variation of any term of any Related Document to the extent necessary to give effect to any Bail-In Action in relation to any such liability.
(b) In this Clause 3.1:
Common Terms. The provisions of Parts Four and Five, Articles XXIII through LII below, apply to this Part Three and are incorporated herein by reference. PART FOUR INTEGRATION OF EPA AND ECOLOGY RESPONSIBILITIES
Common Terms. (a) Except as provided below, the Common Terms apply to this Agreement and shall be binding on the Transaction Parties to this Agreement as if set out in full in this Agreement.
(b) In the event of any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail, subject always to compliance with Clause 10 (Non-Petition and Limited Recourse) of the Common Terms.
Common Terms. 2.1 Except as provided below, the Common Terms apply to this Agreement, where applicable, and shall be binding on the parties to this Agreement as if set out in full in this Agreement.
2.2 If there is any conflict between the provisions of the Common Terms and the provisions of this Agreement, the provisions of this Agreement shall prevail save for where any provision of this Agreement relates to VAT, in which case the provisions of the Common Terms shall prevail.
Common Terms. With respect to this Agreement and each other Transaction Document, unless and to the extent provided otherwise in any Transaction Document, the following common terms and conditions apply to such Transaction Document:
Common Terms. (i) Unless otherwise defined herein, all capitalized terms shall have the meanings set forth in the Common Terms Agreement, dated as of even date herewith, between Affymetrix and Roche (the “Common Terms Agreement”).
(ii) This Agreement shall be governed by and subject to the provisions contained in the Common Terms Agreement, in accordance with its terms.
