Notwithstanding Section 15 Sample Clauses
The "Notwithstanding Section 15" clause serves to establish that the provisions it introduces will take precedence over anything stated in Section 15 of the agreement. In practice, this means that if there is any conflict or inconsistency between the terms of this clause and those found in Section 15, the terms of this clause will override and control. This mechanism is commonly used to carve out exceptions or create special rules that supersede general provisions, ensuring that specific intentions of the parties are honored even if they contradict earlier sections.
Notwithstanding Section 15. 3.1(a) above, UGNX may extend the First Pediatric Study Deadline in order to reflect any of the following excusable delays: safety issues, KHK’s failure to comply with this Agreement, including failure to timely provide information such as final 001 data and interim 002 data, and delays resulting from the application of Sections 3.5.1 and/or 3.5.2 despite each Party acting in good faith.
Notwithstanding Section 15. 1 and 15.2, Landlord agrees that Tenant may assign its interest in this Lease, without Landlord’s prior written consent or notice, to any (each such assignment, a “Specially Permitted Assignment”) successor by merger or sale of substantially all of Tenant’s assets to which this Lease relates in a manner such that the assignee will become liable and responsible for the performance and observance of all Tenant’s duties and obligations hereunder. In addition, Tenant may assign its interest in this Lease to any corporation or other entity which controls, is controlled by, or is under common control with Tenant, a corporation or other entity will be regarded as in control of another corporation or entity if its owns or controls in excess of 50% of the voting stock or other ownership interest of the other corporation or entity), subject to the prerequisite condition that the corporation or other entity to which Tenant’s interest in this Lease would be assigned must demonstrate to the satisfaction of Landlord that: (i) it has financial soundness and capability which is equal to or greater than that of Tenant, (ii) it’s net worth is equal to or greater than that of Tenant’s immediately preceding such assignment, (iii) the assignee’s use of the Premises will be compatible with the provisions of the Lease, and (iv) each and every covenant, condition or obligation imposed upon Tenant by this Lease is assumed by such assignee and each and every right, remedy or benefit afforded Landlord by this Lease is not thereby impaired or diminished.
Notwithstanding Section 15. 1, SBC is required to provide access to facilities, including Entrance Facilities, that CLEC requests to interconnect with SBC’s network for the transmission and routing of telephone exchange service and exchange access service, in accordance with the requirements of Section 251(c)(2) of the Act ("Interconnection Facilities").
Notwithstanding Section 15. 1, the business of the Company shall ------------ be continued after the dissolution, bankruptcy or other withdrawal of any of the Members if within ninety (90) days after such event (i) there are at least two remaining Members and (ii) a Majority in Interest of the Members elect to continue the business of the Company. In the event of the failure of the Members to continue the business of the Company as provided in Section 15.2, the ------------ Company shall be terminated forthwith.
Notwithstanding Section 15. 5(a), either Party may without such consent but with prior written notice to the other Party, assign this Agreement and its rights and obligations hereunder in connection with a Change of Control, provided further that if the said assignee is engaged in a business that competes with the Licensed Product and/or the notified Party’s business, the notified Party shall have the right to terminate this Agreement without any obligation to the other Party, by providing written notice thereof within [*] after the receipt of such notice from the assigning Party. Any permitted assignee shall assume all obligations of its assignor under this Agreement. Any assignment or attempted assignment by either Party in violation of the terms of this Section 15.5 shall be null, void and of no legal effect.
Notwithstanding Section 15. 15.1, the Agreement and the Collateral Agreements are separate and independent undertakings by the Parties. Termination of one of these agreements shall not affect or impair the rights or obligation of the Parties under the Collateral Agreements, except as otherwise specifically provided herein and in the Collateral Agreements.
Notwithstanding Section 15. 2.2 (Termination for Material Breach), if a Dispute relates to a material breach by a Party for which the other Party asserts a right to terminate this Agreement pursuant to Section 15.2.2 (Termination for Material Breach), then the arbitrators will be instructed that, if they render an award finding such first Party in material breach, they shall include in such an award an explanation of what specific steps such first Party would be required to follow in order to cure such material breach.