Proviso. EACH OF THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS CONTAINED IN THE ABOVE PARAGRAPHS HEADED “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” AND “EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES” APPLY TO THE
Proviso. It is agreed that these covenants do not prevent Executive from using and offering the general management or other skills that he possessed prior to receiving access to Confidential Information and knowledge from the Company. This Agreement creates an advance approval process, and nothing herein is intended, or will be construed as, a general restriction against Executive’s pursuit of lawful employment in violation of any controlling state or federal laws. Executive is permitted to engage in activities that would otherwise be prohibited by this covenant if such activities are determined in the sole discretion of the Board of the Company, and authorized in writing, to be of no material threat to the legitimate business interests of the Company.
Proviso. PROVIDED ALWAYS and it is agreed as follows that:-
Proviso. The provisions of this Section 13.12 are conditional upon allowance by tax authorities under Canadian or Provincial law of any and all cost to the company pursuant hereto, failing which this Section 13.12 shall be null and void.
Proviso. Notwithstanding Section 2.1 and any other provisions of this Agreement, to the extent that any of the Municipal Guidelines are inconsistent with the terms of this Agreement, the Company shall not be required to comply with such Municipal Guidelines.
Proviso. The Company shall not be obligated to effect, or to take any action to effect, any such registration pursuant to this Section 1:
(i) in any particular jurisdiction in which the Company would be required to execute a general consent to service of process in effecting such registration, qualification, or compliance, unless the Company is already subject to service in such jurisdiction and except as may be required by the Securities Act;
(ii) during the period starting with the date thirty (30) days prior to the Company's good faith estimate of the date of filing of, and ending on a date seventy-five (75) days after the effective date of, a Company-initiated registration, provided that the Company is actively employing in good faith all reasonable efforts to cause such registration statement to become effective; or
(iii) if the Initiating Holders propose to dispose of shares of Registrable Securities which may be immediately registered on Form S-3 pursuant to a request made under Section 3 hereof.
Proviso. The covenants contained in this Clause 2 and the Security created by this Charge shall not extend to or include any liability or sum which would otherwise cause any such covenant or Security to be unlawful or prohibited by any applicable law.
Proviso. It is hereby agreed that the Borrower's obligations under this Clause 13 to provide or furnish the Agent with any information regarding the Initial Charterer shall cease upon termination of the Initial Charter.
Proviso. (i) It is hereby agreed that each of the events set out in Clause 16.1(i), (vi), (vii), (viii), (ix), (xiii) and (xiv) shall not be an Event of Default if it occurs in relation to the Initial Charterer after the termination of the Initial Charter as a result of the obligations thereunder having been fully performed by the Initial Charterer in accordance with the terms specified therein; and
(ii) It is hereby agreed that if any Event of Default occurs only in relation to the Initial Charterer or Subsequent Charterer and within 15 days thereafter alternative arrangements in form and substance satisfactory to the Agent and the Instructing Group, as determined in their sole discretion, are entered into to provide alternative security for the performance by the Borrower of its obligations hereunder, then the Agent, on instruction of the Instructing Group, may agree that the event of circumstances giving rise to such Event of Default shall not be treated as an Event of Default.
Proviso. Nothing in this Article 3 shall be construed to obligate Anam to assign to the temporary or permanent employ of TI any personnel of Anam. Arrangements for any such temporary or permanent assignments shall be separately made between Anam and TI on a case-by-case basis.
