PROVIDED ALWAYS THAT Sample Clauses
PROVIDED ALWAYS THAT. (1) In case at any time during the term hereby granted any dispute shall arise between the Lessee and the other lessees or tenants or occupiers of the Lessor relating to the Demised Premises and neighbouring premises or any part or other walls, fences, ways, passageways, pathways, sewers, drains, pipes, watercourses, wires and cables, common parts and other easements, rights or appurtenances whatsoever relating or belonging thereto or any repairs required as hereinbefore provide then and in every such case the dispute shall be referred to the Surveyor for the time being of the Lessor whose determination and award shall be final and binding on the Lessee and the party with whom the Lessee shall then be in dispute.
(2) If the rent hereby reserved or any part thereof shall be in arrears for twenty-one days after the same shall have become due, whether the same shall have been legally demanded or not, or in the event of any breach, non-observance or non-performance of any of the covenants, conditions and agreements on the part of the Lessee herein contained then and in any such case it shall be lawful for the Lessor or any person or person duly authorised by them in that behalf to enter into or upon the Demised Premises or any part thereof in the name of the whole and peaceably to hold and enjoy the same and thereupon this demise and everything herein contained shall absolutely cease and determine but without prejudice to any right of action or remedy of the Lessor or the Lessee in respect of any antecedent breach of any of the covenants by the Lessee or the Lessor herein contained.
(3) All rights and obligations of the Lessor and Lessee respectively under these presents shall be incidental to the reversion expectant on this lease and leasehold interest hereby created respectively and shall pass and devolve therewith on any alienation or devolution thereof.
(4) Any notice hereby required or authorised to be given to the Lessor or Lessee respectively shall be in writing and shall be given in any of the modes provided by Section 196 of the Law of Property Act 1925 (as amended by the Recorded Delivery Service Act 1962) with respect to the Notices to be given to the Lessor or Lessee (as the case may be) under the Act.
(5) In this Deed where the context so admits: -
(i) Words importing the masculine gender only include the feminine gender and corporate body and vice versa.
(ii) Words importing the singular number include the plural number vice versa.
(iii) Where th...
PROVIDED ALWAYS THAT the Relevant Amount shall be in such a case as is mentioned in clause 10.4.
PROVIDED ALWAYS THAT. No liability shall attach to the Insurers hereunder unless and until the Primary Insurers have paid or have been held liable to pay the full amount of their ultimate net loss liability (after making proper deductions for all recoveries, salvages and other insurances (other than the Primary Policies as stated in the Schedule) whether recovered or not excluding all costs and expenses as specified in Items 4, 5 or 6 of the Schedule (hereinafter called "the excess any one loss").
PROVIDED ALWAYS THAT. AND IT IS HEREBY expressly agreed and declared by and between the parties hereto as follows:
PROVIDED ALWAYS THAT. 23.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof
23.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or unprotected waters, or in a port or lay-up area not approved by the Underwriters
23.2.3 loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes
23.2.4 in the event of any amendment of the annual rate, the above rates shall be adjusted accordingly
23.2.5 In the event of any return recoverable under this Clause 23 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 23.1.2(a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the Vessel is laid up or the first day of a period of 30 consecutive days as provided under 23.1.2(a) or (b) above.
PROVIDED ALWAYS THAT notwithstanding any other term to the contrary in this Contract or any related document and whether the cause of action for any claim arises under or in connection with this Contract in the law of contract or in tort, in negligence or for breach of statutory duty or otherwise, in relation to any and all causes of action as aforesaid:-
9.10 i) the total liability of the Contractor in the aggregate for all claims shall be limited to the greater of
a) a sum equivalent to the fee payable under this Contract or b) £1,000,000 (One million Pounds).
9.11 ii) further and without prejudice to the aforesaid limit of liability any such liability of the Contractor for any loss or damage in respect of any claim or claims shall be limited to such sum or sums as it would be just and equitable for the Contractor to pay having regard to the Contractor’s responsibility for the same and on the basis that:
a) all other parties appointed or to be appointed by the Department to perform related services in connection with the Services shall be deemed to have provided undertakings on terms no less onerous than the Contract and shall be deemed to have paid to the Department such contribution as it would be just and equitable for them to pay having regard to their responsibility for the loss or damage; and
b) it shall be deemed that all such other parties have not limited or excluded their liability to the Department for the loss or damage in any way which may be prejudicial to the Contractor’s liability under this clause.
PROVIDED ALWAYS THAT the Buyer shall not be obliged to take or procure the taking of any such steps if in the opinion of the Buyer (arrived at in good faith) the taking of such steps would, having regard to all the circumstances, materially adversely affect the legitimate interests of the Buyer or any member of the Group. 105 109 10 In the event of a failure of the Warrantors unanimously to agree to take a particular decision or course of action in respect of any of the matters referred to in paragraph 9, the agreement of a majority of the Warrantors in favour of a particular decision or course of action will bind all the Warrantors to take that decision or course of action as if such decision or course of action had been unanimously agreed upon by all the Warrantors.
PROVIDED ALWAYS THAT. 1.4.1 prompt notice must be given to the Underwriters of every casualty event or claim upon the Assured which may give rise to a claim hereunder and of every event or matter which may cause the Assured to incur liability costs or expense for which he may be insured hereunder
1.4.2 the Assured shall not admit liability for or settle any claim for which he may be insured hereunder without the prior written consent of the Underwriters.
PROVIDED ALWAYS THAT. If the said rent or any instalment or part thereof shall be in arrear for 7 days after the same shall have become due (whether formally demanded or not) or if the Tenant shall commit any other breach of the several agreements and stipulations herein contained then and in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon and take possession of the Property and the Furniture and Effects and immediately thereupon the tenancy hereby created shall be determined but without prejudice to any right of action which the Landlord may have to recover all such rent in arrear and damages in respect of any breach of this Agreement.
PROVIDED ALWAYS THAT. Compensation shall be payable under only one of the above Items (1) to (7) in respect of any such person arising out of any one occurrence and the total liability of the Company shall not in the aggregate exceed the sum of Dh.200,000/- during any one period of insurance for any one person.