Notwithstanding Subsections Sample Clauses
The "Notwithstanding Subsections" clause establishes that certain provisions will take precedence over other specified subsections within the same agreement. In practice, this means that if there is a conflict between the main clause and any referenced subsections, the terms of the main clause will override those of the subsections. This mechanism is commonly used to clarify which rules apply in cases of overlap or contradiction, ensuring that the parties understand which obligations or rights are controlling in specific situations.
Notwithstanding Subsections. 12.1 and 12.2 hereof, the provisions of the Corporation's stock option plan, the Parties agree that upon termination of the Executive pursuant to Sections 9.1, 10.2, 11.1 or 11.2 hereof, the provisions of the applicable stock option agreement supersede and shall govern in the event of any conflict with the terms of this Agreement.
Notwithstanding Subsections. 3.1(a) and 3.1(b) above, and Section 3.4 below, upon a Change of Control, all Option installments not yet exercisable shall become immediately exercisable; provided, however, that if all or a portion of the Option installments which otherwise would become exercisable pursuant to this Subsection 3.1
Notwithstanding Subsections. 12.2 and 12.3 above, neither party will be liable for and each party will hold the other party harmless from any liability for incidental, indirect, special or consequential damages sustained by the other party, including those arising from or measured by lost revenues or profits under its contracts with third parties, even if the other party has been advised of such damages.
Notwithstanding Subsections. 12.2 and 12.3 hereof, the provisions of the Corporation's stock option plan, the provisions of any stock option agreement entered into between the Corporation (including a Related Corporation) and the Executive, and the provisions of any other incentive plan of the Corporation in effect at the time, the Parties agree that upon termination of the Executive pursuant to Sections 9.1, 10.2, 11.1 or 11.2 hereof, the applicable vested stock options and other incentive interests may be exercised by the Executive until the earlier of (i) the original date of expiry of the stock options and other incentive interests, as the case may be; and (ii) two years after the Termination Date. All stock options and other incentive interests which remain unexercised after this time period shall terminate, be null and void and of no further force and effect notwithstanding the terms of the relevant agreement, stock option plan or other incentive plans of the Corporation in effect at the time, as applicable.
Notwithstanding Subsections. 20.1 and 20.2, neither Party is precluded from seeking from a court of competent jurisdiction interim relief, including injunctive relief, when the subject matter of the Dispute may permit.
Notwithstanding Subsections. 16.3 A-B, any City employee who is hired to serve in the capacity as either a department or a division head shall be required to establish a permanent abode either within the City’s corporate limits or within the five (5) mile radius of the City.
Notwithstanding Subsections. 16.1 and 16.2, Lessor agrees that it will not require Lessee to provide its financial statements to Lessor or any third party so long as Guarantor is the guarantor of the Lessee's obligations under the Lease Agreement and it provides its financial statements.
11. A new Paragraph 53 is added to the Lease Agreement as follows: Lessor will consent to the Lessee's grant of a leasehold mortgage on customary terms to the agent for the lenders to Guarantor to secure the indebtedness of Guarantor to its lenders, as the same may be from time-to-time modified, extended or refinanced so long as no lien is created on Lessor's interest in the property. Except as modified above, the Lease Agreement as originally stated shall remain in full force and effect. Any amendment herein shall be take precedence and supercede any terms stated in the Lease Agreement. Lessor hereby consents to the assignment of the Lease that occurred upon the change of control of Lessee pursuant to the acquisition of voting control by Lessee by Serologicals Research Products, Inc. simultaneously with the execution and delivery of this Amendment and the prior change of control of Lessee pursuant to the acquisition of voting control of Lessee by Falcon International Investment Holdings, LLC.
Notwithstanding Subsections. 5.1(1) or 5.1(2) above, any Amendment agreed to in writing by AMB and RH prior to the Effective Time that:
(a) concerns a matter that either:
(i) is of an administrative nature required to better give effect to the implementation of the Plan of Arrangement; or
(ii) relates to how AMB will be capitalized, financed or structured after the Effective Time; and
(b) is not adverse to the financial or economic interests of any Person (in his, her or its capacity as an AMB Shareholder, AMB Optionholder or AMB Warrantholder) who was, immediately prior to exchange of such securities for RH Shares, Replacement Options or Replacement Warrants, the registered holder of AMB Shares, AMB Options or AMB Warrants, as the case may be, pursuant to Section 2.3, will not require Court approval or communication to the AMB Shareholders, AMB Optionholders or AMB Warrantholders.
Notwithstanding Subsections. 4.4(a) and (b) of this Agreement, the Executive may resign from employment immediately and thereupon will be entitled to the payments and benefits set out in Section 4.3 of this Agreement if:
(1) Pine Valley conducts itself in a manner that would constitute a constructive dismissal of the Executive as determined in accordance with common law; and
(2) the Executive resigns within three months of the conduct of Pine Valley that constitutes a constructive dismissal of the Executive.