Notwithstanding Clause 16 Sample Clauses

Notwithstanding Clause 16. 2, You may terminate the Agreement in accordance with Clause 16.5.

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. 2.4, Force Majeure shall not apply to any obligation of the Purchaser to make payments to the Supplier under this Contract.

Notwithstanding Clause 16. 2, 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. 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. 2.1, Shipper agrees to indemnify Transporter against any taxes interest and/or penalty which may be levied by a Government Instrumentality in relation to any transaction under this Agreement, whether or not such amounts were invoiced by the Transporter. Shippers also agrees to indemnify the Transporter against the cost of litigation incurred by the Transporter during the course of proceeding, relating to such taxes, till the finality of such proceedings 17.1 Confidential Information shall be kept confidential and not be disclosed by the Party to whom disclosure is made to any person without the prior written consent of the disclosing Party during the term of this Agreement and each Lending Transaction for a period of three (3) years after the expiration or termination of this Agreement and all Lending Transactions. 17.2 Notwithstanding the foregoing provisions of this Clause 17, neither Party shall be required to obtain the prior consent of the other Party for disclosure of Confidential Information: (a) to its employees, directors, professional advisors, or Affiliates; (b) when required to be disclosed by Law, any Governmental Instrumentality having jurisdiction over such Party, an arbitral tribunal constituted pursuant to Clause 20, or the rules of any recognised public stock exchange on which such Party or its Affiliates are listed; (c) to such Party’s Financial Lenders for the purposes of obtaining financing of its operations; (d) to a bona fide assignee or transferee (or proposed assignee or transferee) of the rights and interests of the disclosing Party under this Agreement; (e) to a bona fide investor or prospective investor in the disclosing Party or its Affiliate(s); and (f) to the operator of the PIL Pipeline or any portion thereof, or to the operator of any facility or pipeline system interconnected with the PIL Pipeline for the purposes of coordinating the receipt, treatment, processing, transportation and/or delivery of any Gas that is scheduled for Gas Lending Services under this Agreement, subject to, in each of the foregoing cases (a)-(f), the disclosing Party keeping its disclosure of Confidential Information to the minimum reasonably necessary for the purposes for which it is disclosed.

Notwithstanding Clause 16. 2.1, if Malicious Software is found, the Parties shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist each other to mitigate any losses and to restore the Ancillary Services to their desired operating efficiency.

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.