Nothing in Clauses. 23.1 23.2 or 23.3 shall preclude either Party from commencing an action in a court of law in England for a legal remedy where time is of the essence and the remedy sought is only available in a court of law. In all other circumstances the Parties shall attempt to resolve a dispute in accordance with Clause 23.2 before embarking on litigation.
Nothing in Clauses. 8.1 to 8.5 inclusive shall prevent or restrict either Party enforcing any obligations (including suing for a debt) owed to it under or pursuant to the Agreement.
Nothing in Clauses. 11.1 to 11.3 inclusive affects the obligation of each Party to continue to perform its obligations under this Agreement unless otherwise agreed between them.
Nothing in Clauses. 5.1 shall prevent the Authority disclosing any Confidential Information obtained from the Grant Recipient:
5.7.1. for the purpose of the examination and certification of the Authority’s accounts; or
5.7.2. for the purpose of any examination pursuant to section 6(1) of the National Audit Act 1983 of the economy, efficiency and effectiveness with which the Authority has used its resources; or
5.7.3. to any government department or any other Contracting Authority and the Grant Recipient hereby acknowledges that all government departments or Contracting Authorities receiving such Confidential Information may further disclose the Confidential Information to other government departments or other Contracting Authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of any government department or any Contracting Authority; or
5.7.4. to any consultant, contractor or other person engaged by the Authority, provided that in disclosing information under Clauses 5.7.3 and 5.6.4 above the Authority discloses only the information which is necessary for the purpose concerned and requests that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.
Nothing in Clauses. 6.1 and 6.2 shall operate to exclude Fraud or fraudulent misrepresentation.
Nothing in Clauses. 1.1 to 1.6 inclusive shall require either Party to disclose any competitively sensitive or confidential information or business secrets which have not been previously disclosed to the other Party, in which case this information is to be communicated between AbbVie'sand Shire'sadvisers on an "external adviser only" basis (a non-confidential version of the relevant filing, notification, submission or communication being provided to the other).
Nothing in Clauses. 10.1 and 10.2 shall operate to exclude Fraud or fraudulent misrepresentation.
Nothing in Clauses. 11.1 and 11.2 prevents AR from enforcing the terms of this deed.
Nothing in Clauses. 13.1 to 13.3 shall apply to the recovery of ascertained or ascertainable sums or prevent the parties from commencing or continuing court proceedings.
Nothing in Clauses. 19.1 to 19.4 (inclusive) shall prevent the Framework Authority disclosing any Confidential Information (including Management Information) obtained from the Contractor:
19.6.1 for the purpose of the examination and certification of the Framework Authority’s accounts or those of any Customer;
19.6.2 for the purpose of any examination by the Auditor of the economy, efficiency and effectiveness with which the Framework Authority has used its resources;
19.6.3 to any consultant, contractor or other person engaged by the Framework Authority for the purpose of conducting an OGC gateway review; or
19.6.4 to any Crown Body or any other Contracting Authority. All Crown Bodies and Contracting Authorities receiving such Confidential Information may further disclose the Confidential Information to other Crown Bodies and Contracting Authorities on the basis that the information is confidential and is not disclosed to a third party which is not part of any Crown Body or Contracting Authority, provided that, in disclosing information under Clause 19.6, the Framework Authority discloses only the information which is necessary for the purpose concerned and requests that the information is treated in confidence.
