Notwithstanding the provisions of Sample Clauses

Notwithstanding the provisions of subclause 11.1 a Teacher shall not pursuant to this clause, be paid an amount in respect of a year of employment which is less than the amount to which the Teacher would otherwise be entitled under the provisions of the Act, in respect of a year of employment.
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Notwithstanding the provisions of. ARTICLE 10
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Notwithstanding the provisions of section 10.07, (a) When a Service Assistant or an Office Clerk is demoted due to a lack of work in an office, she may displace, in reverse order of her appointment date to her position, the "substitute" Service Assistant or the "substitute" Clerk, as the case may be, by order of their selection in that office. (b) When a Service Assistant or an Office Clerk is to be demoted and transferred due to a lack of work in her office, she may displace, by her appointment date, the Service Assistant or the Clerk, as the case may be, or the "substitute" Service Assistant or the "substitute" Clerk, as the case may be, by order of their selection in the office into which she is transferred. (c) Where an employee is demoted in accordance with subsections 10.10 (a) or (b) and there is no "substitute" in that offi ce, she shall be considered as a "substitute".
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Notwithstanding the provisions of. Article 20.
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Notwithstanding the provisions of. SECTION 3.3.2, INFORMATION DISCLOSED BY EITHER PARTY SHALL NOT BE CONSIDERED PROPRIETARY INFORMATION PURSUANT TO THIS SECTION 3.3 TO THE EXTENT THAT: 3.3.3.1 SUCH INFORMATION IS REQUIRED BY LAW TO BE DISCLOSED BY SUCH PARTY, PROVIDED THAT RECIPIENT SHALL (A) PROVIDE THE DISCLOSING PARTY WITH PROMPT NOTICE OF SUCH DEMAND (AND IN ANY EVENT PRIOR TO DISCLOSURE), (B) COOPERATE WITH THE DISCLOSING PARTY IN RESISTING SUCH DISCLOSURE OR SEEKING SUITABLE PROTECTION PRIOR TO SUCH DISCLOSURE, AND (C) DISCLOSE ONLY SUCH PROPRIETARY INFORMATION AS RECIPIENT IS COMPELLED BY LAW TO DISCLOSE; 3.3.3.2 THE RECIPIENT IS ABLE TO SHOW THAT SUCH INFORMATION WAS KNOWN TO THE RECIPIENT PRIOR TO SUCH DISCLOSURE; 3.3.3.3 THE RECIPIENT IS ABLE TO SHOW THAT SUCH INFORMATION WAS INDEPENDENTLY DEVELOPED BY THE RECIPIENT WITHOUT USE OF ANY CONFIDENTIAL INFORMATION OF THE OTHER PARTY; 3.3.3.4 THE RECIPIENT IS ABLE TO SHOW SUCH INFORMATION WAS ACQUIRED BY THE RECIPIENT FROM A THIRD PARTY WITHOUT A CONTINUING RESTRICTION ON USE; OR 3.3.3.5 SUCH INFORMATION WHICH WAS, OR BECOMES, PUBLICLY AVAILABLE THROUGH NO BREACH OF THIS AGREEMENT BY THE RECIPIENT OR ITS REPRESENTATIVES.
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Related to Notwithstanding the provisions of

  • Notwithstanding Articles 2 3.1 and 2.3.2, no termination shall become effective until the Parties have complied with all Applicable Laws and Regulations applicable to such termination, including the filing with FERC of a notice of termination of this GIA, if required, which notice has been accepted for filing by FERC.

  • Other Provisions applicable to Adjustments under this Section The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect provided for in this Section 4:

  • Other Provisions Applicable to Adjustments Under this Section 4. The following provisions shall be applicable to the making of adjustments in the Warrant Price hereinbefore provided in Section 4:

  • Notwithstanding Clause 19.16, if Malicious Software is found, the Supplier shall co-operate with the Customer to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist the Customer to mitigate any losses and to restore the provision of the Services to its desired operating efficiency as soon as possible.

  • Without limiting the other provisions of this Section 3.1, among other delegations by the Trustees, the Trustees have determined that there is a significant risk that the Trust and its shareholders may be adversely affected by investors with short term trading activity and/or whose purchase and redemption activity follows a market timing pattern as defined in the prospectus for the Trust, and have authorized the Trust, the Underwriter and the Trust's transfer agent to adopt procedures and take other action (including, without limitation, rejecting specific purchase orders in whole or in part) as they deem necessary to reduce, discourage, restrict or eliminate such trading and/or market timing activity. You agree that your purchases and redemptions of Portfolio shares are subject to, and that you will assist us in implementing, the Market Timing Trading Policy and Additional Policies (as described in the Trust's prospectus) and the Trust's restrictions on excessive and/or short term trading activity and/or purchase and redemption activity that follows a market timing pattern.

  • Notwithstanding the foregoing (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate or transfer this Agreement in connection with a sale of a majority or more of its assets, equity interests or voting control, provided that BNY Mellon gives the relevant Funds ninety (90) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the provision of services under this Agreement in any material respect, and the assignee or transferee agrees in writing to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities or obligations hereunder and BNY Mellon shall remain responsible for all activities, including all acts and omissions, of such BNY Mellon Affiliates to the same extent as if such activities were performed by BNY Mellon; (iii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall (A) require the prior written consent of the relevant Funds and (B) not relieve BNY Mellon of any of its liabilities hereunder; and (iv) BNY Mellon, in the course of providing certain additional services requested by a Fund (“Vendor Eligible Services”) as further described in Schedule I attached hereto, may in its sole discretion, enter into an agreement or agreements with a financial printer or electronic services provider (“Vendor”) to provide BNY Mellon with the ability to generate certain reports or provide certain functionality; provided, however, that BNY Mellon shall ensure prior to any assignment, transfer, subcontracting, hiring, engaging or other outsourcing, as applicable, under subsections (i) through (iv) that the applicable BNY Mellon Affiliate, unaffiliated third party or Vendor is subject to written confidentiality, security and data protection obligations at least as restrictive as those set forth in this Agreement. BNY Mellon shall not be obligated to perform any of the Vendor Eligible Services unless an agreement between BNY Mellon and the Vendor for the provision of such services is then-currently in effect. Upon request, BNY Mellon will disclose the identity of the Vendor and the status of the contractual relationship, and a Fund is free to attempt to contract directly with the Vendor for the provision of the Vendor Eligible Services.

  • Provisions Separable The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

  • GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy.

  • Other Provisions Applicable to Adjustments The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock into which this Warrant is exercisable and the Current Warrant Price provided for in Section 4:

  • Limitation by Law; Severability of Provisions All rights, remedies and powers provided in this Security Agreement may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law, and all the provisions of this Security Agreement are intended to be subject to all applicable mandatory provisions of law that may be controlling and to be limited to the extent necessary so that they shall not render this Security Agreement invalid, unenforceable or not entitled to be recorded or registered, in whole or in part. Any provision in this Security Agreement that is held to be inoperative, unenforceable, or invalid in any jurisdiction shall, as to that jurisdiction, be inoperative, unenforceable, or invalid without affecting the remaining provisions in that jurisdiction or the operation, enforceability, or validity of that provision in any other jurisdiction, and to this end the provisions of this Security Agreement are declared to be severable.

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