General Disclosures. The Business Associate may disclose PHI for proper business management and administration of the Business Associate or to carry out its legal responsibilities provided that such disclosure is required by law, or the disclosure would not violate this Agreement, the Privacy Rule, or Notice of Privacy Practices if done by the Covered Entity, the Business Associate executes a business associate agreement containing the same restrictions and conditions that apply through this Agreement to the Business Associate with respect to such PHI with a subcontractor/person receiving the PHI, and the subcontractor/person notifies the Business Associate of any instances of which it is aware that the confidentiality of PHI has been breached. In the event that this Agreement conflicts with any other agreement relating to the access or use or disclosure of PHI, this Agreement shall control.
General Disclosures. The following matters are deemed to be disclosed by this letter:
General Disclosures. The Investors shall be deemed to have full knowledge of:
(a) all correspondence, documents and other written information delivered, sent, given to (or made available for inspection by) the Investors prior to the date hereof, and any matter referred to therein;
(b) any information which would be revealed upon an inspection or search (whether or not made) of any document, register or record which may be inspected by the public and maintained by, or information which is available upon enquiry (whether or not made) of, or otherwise from, any register or records of, or maintained by, any Governmental Authority of the Cayman Islands or the British Virgin Islands which might be relevant to the Group Companies and which was, or could have been, searched or reviewed by or on behalf of the Investors;
(c) any matter specifically referred to in the Investment Documents or in any document referred to therein;
(d) all matter which is in the public domain.
General Disclosures. 1.1 None of the Company, the Subsidiaries or the Founders is and shall be deemed to be in breach of any of the Warranties (and no claim shall lie or liability attach) in respect of any matter fully, fairly and specifically disclosed in, or deemed to be disclosed by, this Disclosure Schedule in the absence of any fraud or dishonesty on the part of any of the Company, the Subsidiaries or the Founders.
1.2 In addition, any matter or information disclosed noted or referred to in the financial statements to be delivered by the Company to the Investors pursuant to section 3.16 of the Agreement are disclosed or are deemed to have been disclosed by this Disclosure Schedule.
General Disclosures. The following will be deemed to be disclosures made in this Disclosure Schedule ‑
3.1 all matters that would be disclosed by a search in relation to the Company at the Companies and Intellectual Property Commission in South Africa on the date that is five Business Days before the Signature Date;
3.2 all matters that are fairly disclosed in the documents disclosed by DRD to Sibanye or its advisers for the purposes of Sibanye's due diligence investigation and the data disk provided by DRD to Sibanye on the Signature Date, a copy of which has been lodged with Werksmans for the purposes of identification;
3.3 all matters that are fairly disclosed in the information (i) filed as a matter of public record under the rules of any stock exchange on which the DRD Shares are listed, or (ii) published on the website xxx.xxxxxxx.xxx, in each case as at the Signature Date.
General Disclosures. The Investor shall be deemed to have full knowledge of:
(a) all correspondence, documents and other written information delivered, sent, given to (or made available for inspection by) the Investor prior to the date hereof, and any matter referred to therein;
(b) any information which would be revealed upon an inspection or search (whether or not made) of any document, register or record which may be inspected by the public and maintained by, or information which is available upon enquiry (whether or not made) of, or otherwise from, any register or records of, or maintained by, any Governmental Authority which might be relevant to the Group Companies and which was, or could have been, searched or reviewed by or on behalf of the Investor;
(c) any matter specifically referred to in the Investment Documents or in any document referred to therein;
(d) any matter which would be revealed by an inspection (whether or not made) of any of (i) the minute books in respect of the Group Companies and (ii) the statutory registers of the Group Companies; and
(e) all matter which is in the public domain.
General Disclosures. The following matters are disclosed to the Investors, in each case to the extent they are Disclosed: all matters reasonably apparent from the face of a Disclosure Document to the extent that such matters reasonably relate to a disclosure set out in paragraph [4] of this Disclosure Letter which refers to such Disclosure Document (and in the event of any inconsistency between the contents of any Disclosure Document and the factual statements contained in paragraph [4] of this Disclosure Letter, then the terms of paragraph [4] of this Disclosure Letter shall prevail);16 all matters specifically referred to in the Subscription Agreement and/or any document in the agreed form; and all matters that would be revealed by an online search of the Company at Companies House on [the Business Day prior to] the date of this letter. The following specific disclosures are made in relation to the Warranties. Without prejudice to paragraph [3.1(a)], for convenience certain disclosures are set out against particular paragraphs of schedule [5] to the Subscription Agreement, but any matter which is Disclosed, whether generally or by reference to a particular paragraph of schedule [5] to the Subscription Agreement, is disclosed for the purpose of all the Warranties to which they reasonably relate. [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] [●] Please acknowledge receipt of this Disclosure Letter by signing where indicated on the enclosed copy of this Disclosure Letter and returning it to us. Yours faithfully on behalf of [●] Limited We acknowledge receipt of this Disclosure Letter: EXECUTED by [●] ) ) ………………………………….. EXECUTED by [●] ) ) …………………………………..
General Disclosures. 1.1 The Company is not and shall not be deemed to be in breach of any of the Warranties (and no claim shall lie or liability attach) in respect of any matter fully and fairly disclosed in, or deemed to be disclosed by, this Disclosure Schedule (and for this purpose “fully and fairly disclosed” means disclosed in such manner and in such detail as to enable a reasonable buyer to make an informed and accurate assessment of the matter concerned).
1.2 In addition, any matter or information disclosed noted or referred to in the financial statements to be delivered by the Company to the Investor pursuant to section 3.16 of the Agreement are disclosed or are deemed to have been disclosed by this Disclosure Schedule.
General Disclosures. By way of general disclosure, the following matters and information are, to the extent Disclosed, disclosed or deemed disclosed to the Buyer:
General Disclosures. (i) the contents of the Data Room of which an index is included as Paragraph 1 of Schedule 14 to the Agreement; provided, however, that the Seller shall use good faith efforts to make disclosures under Paragraph 1(b) to this Schedule 9 that refer to the specific Paragraph number of the Seller’s Warranties to which such disclosures relate; and
