Exceptions to Limitations These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.
Technical Objections to Grievances It is the intent of both parties to this agreement that no grievance shall be defeated merely because of a technical error other than time limitations in processing the grievance through the grievance procedure. To this end an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.
Technical Objections to Grievance No grievance will be defeated or denied by any minor technical objection.
Deviations to GSAR clauses This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.
Present Conditions to Continue All rights, benefits, privileges, practices and working conditions which Employees now enjoy, receive or possess shall continue, insofar as they are consistent with this Agreement, unless modified by mutual agreement between the Employer and the Union.
RESERVATIONS TO MANAGEMENT 3.01 The union recognizes the right of the company to hire, promote, demote, transfer, discipline, suspend or discharge any employee subject to such regulations and restrictions governing the exercise of these rights as are expressly provided in this agreement and subject to the right of the employee concerned to lodge a grievance in the manner and to the extent herein provided. Any change in rules and regulations to be observed by employees shall be negotiated by the parties.
IMPLICATIONS OF THE LISTING RULES As one or more of the applicable percentage ratios (as defined in the Listing Rules) of the transactions under the Finance Lease Agreement are more than 5% but less than 25%, the transactions under the Finance Lease Agreement constitute discloseable transactions of the Company under Chapter 14 of the Listing Rules, and are subject to the announcement and reporting requirements under the Listing Rules.
Exceptions to obligations The obligations on the parties under this clause 14 will not be taken to have been breached to the extent that Confidential Information is:
IMPLICATIONS UNDER THE LISTING RULES As Yida (through its wholly-owned subsidiary) is a substantial shareholder of Richcoast, a subsidiary of the Company for the purposes of the Listing Rules, Yida is a connected person of the Company. Therefore, the transactions contemplated under the Framework Construction Agreement as supplemented by the Second Supplemental Agreement constitute continuing connected transactions of the Company. Since the applicable percentage ratios (other than the profits ratio) under Chapter 14A of the Listing Rules in respect of the Continuing Connected Transactions exceed 5%, the Continuing Connected Transactions (together with the revised and the new Annual Caps) are subject to the reporting, announcement, Independent Shareholders’ approval and the annual review requirements under the Listing Rules. Shui On Properties Limited, Shui On Investment Company Limited and New Rainbow Investments Limited, a closely allied group of Shareholders, holds 1,389,993,701 shares, 1,084,268,286 shares and 135,354,740 shares of the Company respectively. Together, they hold approximately 50.63% of the entire issued share capital of the Company at the date of this announcement. Since none of the Shareholders is required to abstain from voting on the Transactions, written approvals of Shui On Properties Limited, Shui On Investment Company Limited and New Rainbow Investments Limited have been obtained for the purpose of approving the Transactions in lieu of an approval from the Independent Shareholders at a Shareholders’ meeting pursuant to Rule 14A.43 of the Listing Rules. An application has been made by the Company to the Stock Exchange for a waiver of the requirement for the Company to hold a Shareholders’ meeting in accordance with Rule 14A.43 of the Listing Rules, on the basis that the Transactions have been approved by a written approval of a closely allied group of Shareholders. An independent board committee of the Company has been established to advise the Independent Shareholders, and an independent financial adviser will be appointed to advise the independent board committee of the Company and the Independent Shareholders in relation to the Transactions. It is expected that a circular containing, among other things, further details of the Transactions, together with the recommendations of the independent board committee of the Company, the advice from the independent financial adviser to the independent board committee and the Independent Shareholders will be dispatched to the Shareholders on 16 September 2010, that is within 15 Business Days after publication of this announcement, in accordance with the Listing Rules.