Defences. The Executive agrees that all restrictions in Sections , and are necessary and fundamental to the protection of the business carried on by the Corporation and that all such restrictions are reasonable and valid, and the Executive waives all defences of the Executive to the strict enforcement thereof by the Corporation.
Defences. The Guarantor reserves the right to assert all rights, setoffs, counterclaims and other defences of Supplier relating to the Guaranteed Obligations, other than defences arising out of the bankruptcy, insolvency, dissolution or liquidation of Supplier.
Defences. The provisions of this Deed shall not be affected, impaired or revoked by any act, omission, transaction, limitation, matter, thing or circumstance whatsoever which but for this provision might operate to affect the priorities of any of the Security Documents or the subordination provided for herein including without limitation:
Defences. 6.2.6 The liability of Hydro under the Hydro Guarantee shall be binding upon Hydro and its successors, and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by, any circumstance or condition whatsoever (whether or not Hydro shall have any knowledge or notice thereof) which might otherwise constitute a legal or equitable discharge or defence of a guarantor; provided that any claim against Hydro under the Hydro Guarantee shall be subject to, and Hydro shall have available to it in defence of any such claim, any and all rights and defences, whether arising under this JKDA, the Hydro Agreements, or otherwise, in respect of such claim. To the extent of any payment by Hydro to the Limited Partnership under the Hydro Guarantee, Hydro shall succeed to all corresponding claims that the Limited Partnership or the General Partner may have and otherwise shall be subrogated to the corresponding rights of the Limited Partnership or the General Partner.
Defences. The Executive agrees that all restrictions in Sections 5 and 6 are necessary and fundamental to the protection of the business carried on by POET and that all such restrictions are reasonable and valid, and the Executive waives all defences of the Executive to the strict enforcement thereof by POET.
Defences. Buyer shall have no right of set-off or right of retention in respect of any counterclaims which have not been recognized by us or by the courts.
Defences. The provisions of this Agreement and each of the other Security Documents will not be affected by an act, omission, matter or thing which, but for this Clause 9, would reduce, release or prejudice any of the priorities of any of the Transaction Documents including any of the following: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any Obligor or any other person under the terms of any composition or arrangement with any creditor; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of any Obligor or other person or any non-presentation or non- observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any Security; (d) any Incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any Obligor or any other person; (e) any amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and of whatsoever nature) or replacement of any Transaction Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Transaction Document or any other document or security;
Defences claims may become barred under the Limitation Acts or may be or become subject to defences of set-off or counterclaim;
Defences. The failure of the Seller to exercise any right or defence granted to it in these General Terms of Sale (trading equipment and material) may never be interpreted as a waiver of such right or defence.
Defences. Each Party shall retain all rights, claims, defences, and limitations of liability possessed by such Party under the terms of its Contract and shall be able to assert any contractual defences available to it under its Contract against any other Party as if such Party was the City.
