Exclusionary Provisions Sample Clauses

Exclusionary Provisions. All wages, stipends and Employee benefits with a monetary value that are not specifically referenced in this Article shall not apply to permanent part-time Employees. Unless otherwise stated or referenced in this Article, all non-monetary articles shall apply.
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Exclusionary Provisions. (a) The Agent and the US Agent shall not have any duties or obligations except those expressly set forth in this Agreement and in the other Credit Facility Documents. Without limiting the generality of the foregoing, the Agent and the US Agent: (i) shall not be subject to any fiduciary or other implied duties, regardless of whether a Default or Event of Default has occurred and is continuing; (ii) shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated hereby or by the other Credit Facility Documents that the Agent or the US Agent is required to exercise as directed in writing by the Majority Lenders (or such other number or percentage of the Lenders as shall be expressly provided for in the Credit Facility Documents), but the Agent or the US Agent shall not be required to take any action that, in its opinion or the opinion of its counsel, may expose the Agent or the US Agent to liability or that is contrary to any Credit Facility Document or to applicable Law; and (iii) shall not, except as expressly set forth herein and in the other Credit Facility Documents, have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to the Borrowers or any of their Affiliates that is communicated to or obtained by the Agent or the US Agent or any of its Affiliates in any capacity. (b) Neither the Agent nor the US Agent nor any of their respective directors, officers, agents or employees shall be liable for any action taken or not taken by the Agent or the US Agent (i) with the consent or at the request of the Majority Lenders (or such other number or percentage of the Lenders as is necessary, or as the Agent or the US Agent believes in good faith is necessary, under the provisions of the Credit Facility Documents), or (ii) in the absence of gross negligence or wilful misconduct on the part of the Agent or the US Agent (as applicable). The Agent shall be deemed not to have knowledge of any Default or Event of Default unless and until notice describing the Default or Event of Default is given to the Agent by a Borrower or a Lender, and the US Agent shall be deemed not to have knowledge of any Default or Event of Default unless and until notice describing the Default or Event of Default is given to the US Agent by a Borrower, a Lender or the Agent. (c) Except as otherwise expressly specified in this Agreement, the Agent and the ...
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Related to Exclusionary Provisions

  • Statutory Provisions Any statutory or regulatory reference in this Agreement shall include a reference to any successor to such statute or regulation and/or revision thereof.

  • Non-Voluntary Provisions 2.10.1 This Agreement incorporates certain rates, terms and conditions that were not voluntarily negotiated by SBC-13STATE, but instead resulted from determinations made in arbitrations under Section 252 of the Act or from other requirements of regulatory agencies or state law (individually and collectively, a “Non-Voluntary Arrangement”). SBC-13STATE has identified some, but not all, of the Non-Voluntary Arrangements contained in this Agreement, by designating such provisions with asterisks. If any Non-Voluntary Arrangement is modified as a result of any order or finding by the FCC, the appropriate Commission or a court of competent jurisdiction, any Party may, by providing written notice to the other Party, require that any affected Non-Voluntary Arrangement (and any related rates, terms and conditions) be deleted or renegotiated, as applicable, in good faith and this Agreement amended accordingly. If such modifications to this Agreement are not executed within sixty (60) calendar days after the date of such notice, a Party may pursue its rights under Section 10. 2.10.2 The Parties acknowledge that the Non-Voluntary Arrangements contained in this Agreement shall not be available in any state other than the state that originally imposed/required such Non- Voluntary Arrangement. By way of example only, the Parties acknowledge that the PUC-OH’s imposition in Ohio of the Minimum Telephone Service Standards (and all terms and conditions relating thereto) shall not apply in or be “portable to" any state other than Ohio.