Notwithstanding Clauses 16. 2 and 16.3, MAS may cause any amendment to these terms and conditions to become effective and binding upon the Specified Institution at any time if MAS determines, at its discretion, that exigent circumstances exist which require that such amendment becomes effective for the protection of MAS, national or public interest, public security or safety or for the Specified Institution to comply with legal or regulatory requirements, provided always that this Clause 16.4 shall not apply to any amendment which would have the effect of rendering transactions settled under MEPS+ no longer final and irrevocable.
Notwithstanding Clauses 16. 1 and 16.2, the receiving Party may disclose Confidential Information:
16.3.1 if and to the extent required by:
(a) law or by any order of a court of competent jurisdiction; and/or
(b) any Governmental Entity or other regulatory or tax authority which is entitled to require any such disclosure, whether or not the requirements have the force of law; provided that, save where giving notice to the other Party is prohibited by law, it gives the disclosing Party as much notice of such disclosure as practicable; or
16.3.2 if and to the extent the disclosing Party has given its prior written consent to the disclosure, such consent not to be unreasonably withheld or delayed.
Notwithstanding Clauses 16. 10 to 16.12, a Librarian may be invited to be considered for tenure, as specified in Clause 15.16.
Notwithstanding Clauses 16. 1 and 16.2 above, we reserve the right to apply to the courts of the Islamic Republic of Pakistan to settle any dispute between the Parties in relation to this Agreement.
Notwithstanding Clauses 16. 9.1 and 16.9.2, that part of any Design and Construct Phase Variation Cost (if any) which comprises the Variation Usage Fee Costs shall be paid by the Trust by way of an adjustment to the Usage Fee pursuant to Clause 16.9.1(A) and not by any other method of payment.
16.9.4 If the Trust elects to pay the whole of any Design and Construct Phase Variation Cost pursuant to Clause 16.9.1(A), the Usage Fee shall be adjusted in accordance with Part 2 of Schedule 6 to reflect the same. Such adjustment will be made by the Project Co and notified to the Trust within five Working Days of the end of the relevant Quarter.
16.9.5 If the Trust elects to pay the Design and Construct Phase Variation Cost pursuant to Clause 16.9.1(B):
(A) the Parties shall agree the amount and timing of the relevant instalments in respect of the Design and Construct Phase Variation Construction Cost which instalments, unless otherwise agreed, shall reflect the amount and timing of the relevant costs as they are incurred and the Trust shall pay the same in accordance with such agreement.
(B) the Usage Fee shall be adjusted in accordance with Part 2 of Schedule 6 to reflect such Variation Financing Cost and any Variation Usage Fee Costs. Such adjustment will be made by the Project Co and notified to the Trust within five Working Days of the end of the relevant Quarter.
16.9.6 If the Trust elects to pay the whole of any Design and Construct Phase Variation Cost pursuant to Clause 16.9.1(C), the Parties shall agree the amount and timing of the relevant instalments, which instalments, unless otherwise agreed, shall reflect the amount and timing of the relevant costs as they are incurred and the Trust shall pay the same in accordance with such agreement.
16.9.7 If the Trust elects to pay any amount through an adjustment to the Usage Fee but is precluded from doing so by Clause 30.1, the Trust shall pay such amount (in the case of any amount which relates to any Variation Financing Cost, as and when the same falls due) by way of a lump sum pursuant to Clause 16.9.1(B) or Clause 16.9.1(C), as the case may be.
16.9.8 Subject to Clause 16.9.10, each Operational Phase Variation Cost shall be paid:
(A) through an adjustment to the Usage Fee in respect of the whole amount; or
(B) by way of a lump sum payment made in one or more instalments in respect of part of the Operational Phase Variation Cost and calculated to leave the Project Co in no better and no worse position than before the Operational Phase...
Notwithstanding Clauses 16. 9.8 and 16.9.9, that part of the Operational Phase Variation Cost as is referred to in Clauses 16.5.1(D)(2) to 16.5.1(D)(5) (inclusive) (if any) shall be paid by the Trust by way of an adjustment to the Usage Fee pursuant to Clause 16.9.8(A) and not by any other method of payment.
Notwithstanding Clauses 16. 1 and 16.2 a Party may make an announcement with respect to this Agreement or any ancillary matter if (i) required by any law to which that Party is subject or (ii) required by a court or any securities exchange or regulatory or governmental body, provided that such Party shall endeavour to consult with the other Party and take into account any reasonable comments of the other Party prior to making any such announcement.
Notwithstanding Clauses 16. 1 and 16.2, a party's Confidential Information may be disclosed by the other party to that other party's officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information that is disclosed.
Notwithstanding Clauses 16. 1 and 16.2, the following events shall not constitute Force Majeure:
(a) inability (however caused) of a Party to pay any amounts when due; and
(b) breakdown or failure of plant or equipment that is controlled by either Party that is caused by normal wear and tear or by a failure properly to maintain such plant or equipment.
Notwithstanding Clauses 16. 1 to 16.3, any party may bring an action: (a) for injunctive or other similar mandatory or prohibitory relief in any court of competent jurisdiction; and (b) for any interlocutory or interim relief, including, without limitation, any proceedings for the detention, custody or preservation of any property, pending the results of the arbitration.
