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:
a) in respect of any services not provided in accordance with the terms of this agreement:
i. sums paid by the Customer to the Supplier pursuant to this agreement; ii. wasted expenditure; and
Notwithstanding Clause 16. 5.1:
(i) this Agreement may be varied in any way and at any time by the parties to this Agreement without the consent of any person who is not a party to this Agreement; and
(ii) no person who is not a party to this Agreement may enforce, or take any step to enforce, any of the Third Party Rights Clauses without the prior written consent of the Purchaser, which may, if given, be given on and subject to such terms as the Purchaser may determine.
Notwithstanding Clause 16. 2, You may terminate the Agreement in accordance with Clause 16.5.
Notwithstanding Clause 16. 2, and irrespective of whether any arbitration has been commenced pursuant to Clause 16.2, each of the Joint Sponsors and the Underwriting Parties shall also have the sole and absolute right:
(i) to refer any Dispute to any court of competent jurisdiction for injunctive relief in relation to and/or in support of any dispute arising out of and in connection with this Agreement; and
(ii) in circumstances in which they become or are joined as a defendant or third party in any proceedings, to pursue claims against the Company and/or the Warranting Shareholders in those proceedings (whether by way of a claim for an indemnity, contribution or otherwise) and for such purposes the Company and the Warranting Shareholders hereby irrevocably consent to be joined as parties to such proceedings.
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. 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. 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. 1 Geron shall in all cases be provided with copies of any proposed publication or presentation at least 42 days in advance of the submission of the proposed publication or presentation. Geron shall have 30 days after receipt of such copies to reject the proposed presentation or proposed publication if, in its reasonable opinion, a delay in publication or presentation is commercially desirable or necessary to ensure that any Jointly Owned Intellectual Property or Institute Intellectual Property is adequately protected. In such event, Geron may require that the Supervisor or members of the Research Team shall refrain from making such publication or presentation for a maximum further period of three (3) months in order for patent applications to be filed directed to the patentable subject matter contained in the proposed publication or presentation or that other steps be taken in order to protect any commercially sensitive subject matter including if Geron considers it appropriate the deletion of such subject matter from the proposed publication or presentation. A delay or deletion imposed on submission for publication as a result of a requirement made by Geron shall not exceed 6 months from the date of receipt of the original publication or presentation by Geron although the Institute will not unreasonably refuse a request from Geron for additional delay in the event that Jointly Owned Intellectual Property might otherwise be lost or compromised.
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.
