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. 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.
Notwithstanding Clause 16. 1, either Party may assign and transfer all its rights, benefits and obligations hereunder in relation to all or part of that Party's System to (a) an Associated Company of that Party, or (b) any Person who has acquired that Party's System or part thereof PROVIDED THAT:
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. 1.1, (i) in the event that any Party is requested by any Governmental Authority or becomes legally compelled (including, without limitation, pursuant to securities Laws and regulations or in connection with any legal, judicial, arbitration or administrative proceedings) to disclose any Collaboration Terms, such Party (the “Disclosing Party”) shall, to the extent practicable and permitted by Applicable Laws, provide the Other Party (the “Non-Disclosing Party”) with prompt written notice of that fact and use reasonable efforts to seek (with the cooperation and reasonable efforts of the other Parties), at the Disclosing Party’s costs, a protective order (in any event without initiating any litigation or similar proceedings), confidential treatment or other appropriate remedy with respect to the information which is requested or legally required to be disclosed. In such event, the Disclosing Party shall furnish only that portion of the information which is requested or legally required to be disclosed and shall exercise reasonable efforts to keep confidential such information to the extent reasonably requested by any Non-Disclosing Party, and (ii) each of the Parties may disclose the Collaboration Terms to its Representatives on a need-to-know basis, provided that such recipient shall either be subject to professional obligations to keep such information confidential or confidentiality obligations that are as restrictive as this Clause 16.1 and that the Parties, as applicable, shall be liable for any breach of confidentiality obligations by its recipients.
