Common use of Exceptions; Waiver of Defences Clause in Contracts

Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 through 9.4.4 above, the Company shall not be liable to JPS for liquidated damages if the Company has previously declared a JPS Event of Default, in accordance with Clause 14.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to JPS all such liquidated damages if it is subsequently determined under Clause 15 that there was no JPS Event of Default.

Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 9.5.1 through 9.4.4 9.5.4 above, the Company shall not be liable to JPS for liquidated damages if the Company has previously declared a JPS Event of Default, in accordance with Clause 14.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to JPS all such liquidated damages if it is subsequently determined under Clause 15 that there was no JPS Event of Default.

Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 through 9.4.4 above, the Company shall not be liable to JPS for liquidated damages if the Company has previously declared a JPS Event of Default, in accordance with Clause 14.2 15.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to JPS all such liquidated damages if it is subsequently determined under Clause 15 16 that there was no JPS Event of Default.

Exceptions; Waiver of Defences. (a) Notwithstanding the provisions of Clauses 9.4.1 9.5.1 through 9.4.4 9.5.4 above, the Company shall not be liable to JPS for liquidated damages if the Company has previously declared a JPS Event of Default, in accordance with Clause 14.2 of this Agreement, that caused the Company to incur such liquidated damages; provided that the Company shall promptly pay to JPS all such liquidated damages if it is subsequently determined under Clause Xxxxxx 15 that there was no JPS Event of Default.