Coordination with Other Provisions. Notwithstanding anything in this Agreement to the contrary, the provisions of this Article X shall apply in lieu of the provisions of Article XII with respect to any claim for indemnification for matters subject to Section 10.1, and the provisions of Section 10.4 shall apply to the conduct of any Tax Proceeding.
Coordination with Other Provisions. (a) The Volume Discount shall not be subject to any ***.
(b) The Volume Discount shall be calculated by reference to the amount of the Charges before application of the ***. By way of example, if the Charges before application of any adjustment from Sections 7A and 7B is ***, and the applicable *** are ***, any Volume Discount will be applied against ***, not against ***.
Coordination with Other Provisions. Except for the provisions in Section 9.4(d) of this Agreement, the provisions under this Section 6.7 (and not any other provision in this Agreement) shall govern all indemnity claims with respect to Taxes relating to the Bank or the assets of the Bank acquired by Merger Sub in the Merger.
Coordination with Other Provisions. A corrective distribution of Excess Deferrals made by April 15 of the following calendar year may be made without consent of the Participant or the Participant’s Spouse, and without regard to any distribution restrictions applicable under Section 7. A corrective distribution of Excess Deferrals made by the appropriate April 15 also is not treated as a distribution for purposes of applying the required minimum distribution rules under Section 8.
Coordination with Other Provisions. Notwithstanding anything in this Agreement to the contrary, the provisions of this Section 8 shall be the sole basis for indemnification with respect to Taxes.
Coordination with Other Provisions. If any provision of this Article 11 conflicts with or is duplicative of any provision of Articles 6 or 10, the provisions of this Article 11 shall govern.
Coordination with Other Provisions. (a) If any provision of this Article 11, conflicts with any provision of Articles 6 or 10, the provisions of this Article 11 shall govern, provided however, the payment obligations and other obligations under this Article 11, including indemnity payments under Section
11.1 payment of Tax refunds to Vendor and reimbursements for expenses, shall not be subject to Section 6.1.
(b) In this Article 11 references to Purchaser and the Purchased Entities shall include any successors and predecessors thereto, whether by merger, amalgamation, dissolution, reorganization or otherwise.
Coordination with Other Provisions. (a) The Volume Discount shall be calculated by reference to the amount of the Charges before application of the ***. By way of example, if the Charges before application of any adjustment from Articles 6 and 7 is ***, and the applicable *** are ***, any Volume Discount will be applied against ***, not against ***.
(b) The Volume Discount shall apply to all Charges described above in Section 7.1, including such Charges that are determined based upon First Data’s costs, but subject to any exclusions agreed by the parties in applicable specifications from time to time.
Coordination with Other Provisions. Notwithstanding anything in this Agreement to the contrary, procedural provisions of this Article VI shall govern all claims for indemnification with respect to Taxes.
Coordination with Other Provisions. Notwithstanding anything in this Agreement to the contrary, (a) Section 10.1 shall constitute the sole source of indemnification rights under this Agreement for Taxes and associated expenses of the kind described thereunder, and (b) the procedural provisions of this Article X shall govern all claims for indemnification of such Taxes and associated expenses.
