Notwithstanding Clause 16. 4.2, this Agreement may be varied in any way and at any time without the consent of any Third Party.
Notwithstanding Clause 16. 2(a), the losses for which the Supplier assumes responsibility and which shall (subject to Clause 16.2 (b)) be recoverable by the Customer include:
Notwithstanding Clause 16. 4.1, SHKFX shall, if Client so requires, refer any dispute between SHKFX and Client to arbitration in accordance with the Securities and Futures (Leveraged Foreign Exchange Trading – Arbitration) Rules.
Notwithstanding Clause 16. 2.4, Force Majeure shall not apply to any obligation of the Purchaser to make payments to the Supplier under this Contract.
Notwithstanding Clause 16. 2, You may terminate the Agreement in accordance with Clause 16.5.
Notwithstanding Clause 16. 1.1 or Clause 16.6, each Party shall be liable to the other Party for any loss or damage arising by virtue of Gross Negligence or Wilful Misconduct.
Notwithstanding Clause 16. 01, a regular employee who is called back to work after completing a regular shift shall be paid for a minimum of three (3) hours.
Notwithstanding Clause 16. 3.1, the LCAP Clearing Access Solution and Network Services, ordered pursuant to the terms of the relevant Request Form, shall run for a 12 months period starting, at the earlier, (i) from the date on which the Services are operational (Operational Service Date) or (ii) from the date mentioned on the first invoice issued by LCH SA following the implementation of the relevant Clearing Access Solution. At the term of the initial 12 months period, the LCAP Clearing Access Solution and Network Services will automatically renew for successive one month periods unless the Users decide to terminate them by giving a 60 Days written notice. In case of termination prior to the expiry of the Initial 12 months period, the Users shall owe LCH SA the fees due up to the expiry of this initial 12 months period. In case of termination after the expiry of the 12 months period, the Users shall owe LCH SA the fees due up to the expiry of the 60 Days notice period mentioned above. Unless otherwise specified, the above provisions are not applicable to the other Clearing Access Solutions, being, at the date of this Access Agreement, eCCW, Web OTC, which can be terminated in writing at any time. For the sake of clarity, the fees corresponding to the month during which the termination notice is given will be fully invoiced without any prorata temporis.
Notwithstanding Clause 16. 2.2 above, the Recipient may, subject to the other provisions of this Agreement, retain in its records one copy of any Confidential Information that it has been obliged to disclose in accordance with clause 16.3.5 below.
Notwithstanding Clause 16. 1, CTKL may sub-contract the performance of all or part of its obligations under this Agreement. CTKL shall remain primarily responsible for the acts or omissions of its sub-contractors to the extent that, if they were the acts or omissions of CTKL, they would be in breach of the terms of this Agreement.
