Notwithstanding Clause 3. 1, Qubit:
(a) is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet) which are not within Qubit’s reasonable control and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
(b) does not accept responsibility for any use of the Services contrary to Qubit's instructions, or modification or alteration of the Services by any party other than Qubit or Qubit's authorised contractors or agents; and/or
(c) does not warrant that the Customer's use of the Services will be uninterrupted or error-free; nor that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
Notwithstanding Clause 3. 4.8, if proof of written attempts to secure satisfactory evidence of teaching experience is supplied within 45 days, years of experience shall continue to be paid as claimed by a teacher for a maximum of 100 days.
Notwithstanding Clause 3. 1.2, if a teacher applies to the School Division in writing prior to April 1st of each school year, the teacher shall receive their July and August cheques for that school year on June 30th, dated June 30th.
Notwithstanding Clause 3. 2.1, if at any time before Tender Offer Announcement, Frontline in good faith demonstrates that a Merger is reasonably likely to be consummated in accordance with the terms of this Agreement and demonstrates, after having consulted with Euronav and taken Euronav’s reasonable comments into due consideration (acting reasonably), that it is reasonable to not carry through the Tender Offer pursuant to this Clause 3.2, but rather proceed directly to a Merger in accordance with Clause 3.3, any preparation of the Tender Offer shall cease, and the Parties shall proceed to the actions set forth in Clause 3.3.3 to Clause 3.3.12, and such other rights, obligations, covenants and undertakings referring to the Merger herein. The Tender Offer Condition set forth in Clause 5.3.3(a) shall in such event become Merger Conditions. References to the Tender Offer Completion shall, for the relevant provisions be references to Relocation Completion. The provisions set forth in Clauses 5.3 (save for the Tender Offer Condition set forth in Clause 5.3.3(a) and Clause 5.3.4) and 6.2 and the condition set forth in Clause 5.4.1(a) shall not apply. The Parties further agree to make such other adjustments to this Agreement as required (if any) in order to proceed directly to a Merger after Relocation Completion.
Notwithstanding Clause 3. 20.1 but subject to JTC’s approval (if required), the Lessee may during the Term:
(i) without the Lessor’s consent, assign its interests, rights and benefits under this Lease or transfer its liabilities under this Lease to (i) its related and affiliated corporations (each, a “Lessee Related Corporation”) of at least the same financial standing as the Lessee, (ii) any corporation or other entity into which the Lessee is merged or consolidated or any purchaser to whom the Lessee’s shares or assets are transferred to of a financial standing acceptable to the Lessor (acting reasonably) or of at least the same financial standing as the Lessee, (iii) its financiers in connection with any facilities to be obtained by the Lessee for the Project provided that any assignment by the Lessee shall be subject to the prior written approval of JTC and (if applicable) other relevant Authorities as well as the Lessee’s compliance with terms and conditions as may be imposed by JTC and the other relevant Authorities and the Lessee shall give written notification to the Lessor of such assignment. Where required by the Lessee, the Lessor shall enter into and execute a novation agreement with the Lessee and its assignee/ transferee on such terms and conditions acceptable to the Lessor (acting reasonably);
(ii) without the Lessor’s consent, share possession of the Premises (in whole or in part) with any Lessee Related Corporation, subject to the prior written consent of JTC, and in this regard the Lessee shall be responsible for any act or omission of any Lessee Related Corporation sharing possession of the Premises (in whole or in part) and procure that such Lessee Related Corporation abide by the terms of this Lease insofar as they are applicable to such Lessee Related Corporation and its use of the Premises;
(iii) sublet or licence the whole or part of the Premises to any Lessee Related Corporation after giving thirty (30) days’ prior written notice to the Lessor of the proposed subletting or creation of licence, such notice to be accompanied by evidence satisfactory to the Lessor showing its relationship with the Lessee Related Corporation to the Lessee; and
(iv) with the prior written consent of the Lessor (such consent not to be unreasonably withheld conditioned or delayed), sublet the part of the Premises which has been designated and approved for use as an industrial canteen to other third parties (“Canteen Sublessee”), (such whole or part of the premises to be sublet by ...
Notwithstanding Clause 3. 3.5, the Managers may in each Annual Budget period, as specified in Clause 3.3.2, incur expenditure on behalf of the Owners in respect of items that are not budgeted for in the Annual Budget, or for amounts in excess of the Annual Budget amounts, without the approval of the Owners provided that:
(i) such expenditure is used only for the proper performance of the Management Services; and
(ii) such total expenditure does not exceed five (5) per cent of the total budgeted amount for that Annual Budget period or such other amount that may be agreed by the parties from time to time.
Notwithstanding Clause 3 a teacher who has less than four (4) years of teacher education will be paid at four (4) years of teacher education and zero (0) years of experience.
Notwithstanding Clause 3. 2.1, no ECA Loan shall be made available in respect of a Refinanced Aircraft after the date falling six (6) months after the Delivery Date of that Refinanced Aircraft.
Notwithstanding Clause 3. 4.6, any teacher hired on a regular part-time basis such that 120 full days of teaching cannot be accumulated in one school year, or 60 full days in one semester, shall receive credit for one year’s teaching experience upon a total accumulation of 120 full days of teaching or more prior to the adjustment date as specified in clause 3.4.5. Effective September 1, 2017, clause 3.
4.6.1 expires and the timelines provided in clause 3.4.3 and 3.4.4 apply.
Notwithstanding Clause 3. 1.1, a teacher shall upon written request prior to May 31, receive his/her July salary along with the regular June payment, and, provided the required forms and records are submitted to the School Jurisdiction, the teacher shall receive his/her August payment on or before July 15.
