Notwithstanding Paragraph 9 Sample Clauses

The "Notwithstanding Paragraph 9" clause serves to establish that the provisions it introduces will take precedence over anything stated in Paragraph 9 of the agreement. In practice, this means that if there is any conflict or inconsistency between the new clause and Paragraph 9, the terms of the new clause will override those of Paragraph 9. For example, if Paragraph 9 sets certain conditions or obligations, but the "Notwithstanding" clause modifies or exempts those conditions, the modification or exemption will apply. This clause is used to ensure that specific exceptions or changes are clearly prioritized, thereby resolving potential conflicts and ensuring the parties' intentions are unambiguous.
Notwithstanding Paragraph 9. 5.1 of this Agreement, in the event that the Board determines that an immediate sale of all or any portion of the Company Assets would cause undue loss to the Members, the Board, in order to avoid such loss to the extent not then prohibited by the Act, may either defer liquidation of and withhold from distribution for a reasonable time any Company Assets except those necessary to satisfy the Company's debts and obligations, or distribute the Company Assets to the Members in kind.
Notwithstanding Paragraph 9. 5.1 of this Agreement, in the --------- event that the Managing Members determine that an immediate sale of all or any portion of the Company Assets would cause undue loss to the Members, the Managing Members, in order to avoid such loss to the extent not then prohibited by the Act, may either defer liquidation of and withhold from distribution for a reasonable time any Company Assets except those necessary to satisfy the Company's debts and obligations, or distribute the Company Assets to the Members in kind.
Notwithstanding Paragraph 9. 10.1, Contractor may disclose information that would otherwise be Confidential Information to the extent that such information: (a) is in lawfully in the public domain at the time of disclosure; (b) is disclosed with the prior approval of County; or (c) is required by law to be disclosed.
Notwithstanding Paragraph 9. 5.1 of this Agreement, in the event that the Liquidator determines that an immediate sale of all or any portion of the Company Assets would cause undue loss to the Members, the Liquidator, in order to avoid such loss to the extent not then prohibited by the Act, may either defer liquidation of and withhold from distribution for a reasonable time any Company Assets except those necessary to satisfy the Company’s debts and obligations, or distribute the Company Assets to the Members in kind.

Related to Notwithstanding Paragraph 9

  • Sole Paragraph The Concessionaire will present to the competent agencies, whenever required, the reports of environmental impact, as well as will arrange for the achievement of the respective license, as per applicable legislation.

  • Paragraph 2nd As of January 1st, 2008, the factor of transference X will be established by Anatel based on methodology considering the optimization of the costs of service rendering, as per terms of the regulation.

  • ENDING THE AGREEMENT 8.1 As well as any other rights we have, we can end the Agreement and/or a Related Agreement at any time, with immediate effect if: (a) you don't pay Charges when they are due. This includes any deposit we've asked for; (b) you break this Agreement and/or a Related Agreement in any other material way and you don't correct the situation within 7 days of us asking you to; (c) we reasonably believe that the Service is being used in a way forbidden by paragraph 6, even if you don't know that the Service is being used in such a way; (d) you're in breach of paragraphs 6.3 (a)-(f) or you persistently behave in a way that would allow us to bar your SIM Card in accordance with paragraph 7 of this Agreement; (e) we reasonably believe that you are infringing or have infringed our Rights or the Rights of a third party; (f) you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors; or (g) you refuse to return or unreasonably delay in returning any payment, refund or credit that has been made to you in error or for the incorrect amount. 8.2 This Agreement can be ended by either you or by us giving at least 30 days' Notice (in line with paragraph 19). Unless your statutory rights allow otherwise, you must pay us any outstanding Charges, including the Charges for this notice period. 8.3 Unless otherwise specified, if you end this Agreement during any Minimum Period or we end this Agreement under paragraph 8.1(a)-(e) and (g), you must pay us a fee of no more than each of the Monthly Subscription Charges up to the end of the Minimum Period. If you pay us the fee of no more than each of the Monthly Subscription Charges up to the end of that Minimum Period in a single payment, we may reduce the amount due by a rate determined by us. This doesn't apply if you end the Agreement for the one of reasons in paragraph 8.4 below. 8.4 You can end this Agreement by giving us Notice (in line with paragraph 19 if: (a) we break a material term of this Agreement which completely restricts our ability to provide you with the Service and we don't correct it within 7 days of receiving your complaint; (b) we go into liquidation or a receiver or administrator is appointed over our assets; (c) we increase our Charges in a way that would allow you to end the Agreement under the terms of this Agreement or (d) we change the terms of this Agreement to your significant disadvantage (which for the avoidance of doubt shall not include an increase in Charges for Additional Services, or an increase in Charges as permitted under the terms of this Agreement. 8.5 If you end this Agreement and have a credit on your final bill, please contact Customer Services and we'll arrange to have this refunded to you.

  • FIRST PARAGRAPH The first paragraph to the ICE Trade Vault Agreement shall be amended by adding the following before the last sentence: “Participant is the Third Party Reporter for each of the entities listed in Exhibit 1 to this Annex L (as amended from time to time pursuant to Section 3(m) below), each of which is a “Client” of the Third Party Reporter.”

  • AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.