RAILWAY PARAMOUNT Sample Clauses

RAILWAY PARAMOUNT. 18.1 The Operator acknowledges and agrees that the efficient and expeditious operation of the KTT and MTR service are paramount considerations in the performance of, and in giving effect to, any provision of this Agreement notwithstanding any clause or provision of this Agreement to the contrary. 18.2 Company and/or MTRCL shall have the absolute right to do all such acts and things as it may in its absolute discretion consider necessary and expedient for the purpose of inspecting, maintaining and repairing any part of KTT or to ensure smooth operation of KTT including, without limitation, the suspension of operation of KTT and the closure of any KTT station. Company and/or MTRCL shall not be liable (whether in contract, tort or under any statute or otherwise) to the Operator under any circumstances for any direct, indirect or consequential loss, damage or liability incurred or sustained by the Operator in relation to or arising out of any such acts including without limitation any loss of revenue or profits. 18.3 Company and the Operator agrees that MTRCL shall have the right to make additions, improvements, installations or repairs to any part or portion of the Premises (as such term is defined in the KTT Wi-Fi Licence Agreement) as the same may be desired by MTRCL from time to time at its own costs and expenses, and such activities may cause obstructions of and interference with the use of the Premises and the Services and MTRCL may interrupt or suspend the supply of electricity or other services when necessary for additions, improvements, installations or repair purpose. Company and the Operator shall not make any claims to either Party and/or the MTRCL for compensation or otherwise in relation to or as a result of the exercise of this right by MTRCL. 18.4 The Operator acknowledges that the MTR Xxxx Xxx Station may be closed for such period as MTRCL may in its absolute discretion determine and the Operator or its contractors, workmen, employees, agents or invitees shall carry out no works nor any other activities whatsoever in or upon the Premises during such period of closure except with the prior written consent of MTRCL. 18.5 The Operator accepts the train services of KTT and the Premises without limitation to MTR Xxxx Xxx Station on an “as is” basis and shall not be entitled to any claim for compensation or deduction whatsoever or discrepancies hereto in respect of the train services of KTT and/or the Premises that may be altered, ceased or closed f...
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RAILWAY PARAMOUNT. 6.1 Notwithstanding any provisions of these Terms & Conditions to the contrary, Customer acknowledges and agrees that the efficient operation of the railway is a paramount consideration in the performance of and in giving effect to any provision of these Terms & Conditions. 6.2 Global Call Limited reserves the right to suspend (and in its discretion reactivate) the Services in the event the MTR Corporation Limited closes the railway, any MTR Station or any part thereof at any time or conducts emergency operations. 6.3 If Global Call Limited exercises its rights under this Clause 6 (Railway Paramount) it shall not be considered a breach of these Terms & Conditions and it shall not be liable to the Customer for any loss, damage or liability sustained by the Customer or by any other person which is directly or indirectly attributable to such exercise, save where the same arises through Global Call Limited’s negligent act or omission.
Sample 1
RAILWAY PARAMOUNT. 21.1 The Operator acknowledges and agrees that the efficient and expeditious operation of the KTT and MTR service are paramount considerations in the performance of, and in giving effect to, any provision of this Agreement notwithstanding any clause or provision of this Agreement to the contrary. 21.2 MTRCL shall have the absolute right to do all such acts and things as it may in its absolute discretion consider necessary and expedient for the purpose of inspecting, maintaining and repairing any part of KTT or to ensure smooth operation of KTT including, without limitation, the suspension of operation of KTT and the closure of any KTT station. MTRCL shall not be liable (whether in contract, tort or under any statute or otherwise) to the Operator under any circumstances for any direct, indirect or consequential loss, damage or liability incurred or sustained by the Operator in relation to or arising out of any such acts including without limitation any loss of revenue or profits. 21.3 The Operator agrees that MTRCL shall have the right to make additions, improvements, installations or repairs to any part or portion of the Premises as the same may be desired by the MTRCL from time to time at its own costs and expenses, and such activities may cause obstructions of and interference with the use of the Premises and the Services and the MTRCL may interrupt or suspend the supply of electricity or other services when necessary for additions, improvements, installations or repair purpose. TraxComm and the Operator shall not make any claims to either Party and/or the MTRCL for compensation or otherwise in relation to or as a result of the exercise of this right by the MTRCL.
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RAILWAY PARAMOUNT. The Parties acknowledges and agrees that the efficient and safe operation of the Mass Transit Railway is a paramount consideration in the performance of, and in giving effect to, any provision of this Agreement notwithstanding any clause or provision of this Agreement to the contrary, and the Company may suspend its services if it receives notice from the MTR Corporation Limited that the implementation of this Agreement is or may impact on the efficient and safe operation of the Mass Transit Railway.
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RAILWAY PARAMOUNT. The Operator acknowledges and agrees that the efficient and expeditious operation of the KTT and MTR service are paramount considerations in the performance of, and in giving effect to, any provision of this Agreement notwithstanding any clause or provision of this Agreement to the contrary.
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RAILWAY PARAMOUNT. 6.1 Notwithstanding any provisions of these Terms & Conditions to the contrary, Customer acknowledges and agrees that the efficient operation of the railway is a paramount consideration in the performance of and in giving effect to any provision of these Terms & Conditions. 6.2 TraxComm reserves the right to suspend (and in its discretion reactivate) the Services in the event the MTR Corporation Limited closes the railway, any MTR Station or any part thereof at any time or conducts emergency operations. 6.3 If TraxComm exercises its rights under this Clause 6 (Railway Paramount) it shall not be considered a breach of these Terms & Conditions and it shall not be liable to the Customer for any loss, damage or liability sustained by the Customer or by any other person which is directly or indirectly attributable to such exercise, save where the same arises through TraxComm’s negligent act or omission.
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RAILWAY PARAMOUNT. 15.1 The Operator acknowledges and agrees that the efficient and safe operation of the Mass Transit Railway is a paramount consideration in the performance of, and in giving effect to, any provision of this Agreement notwithstanding any clause or provision of this Agreement to the contrary. 15.2 The Company shall have absolute right of access to the PWLAN Equipment installed in and along the Airport Express Line, the Designated Stations and the Other Areas at all times to do all acts and things as it may in its absolute discretion consider necessary for the purpose of inspecting, maintaining and repairing any part of the AEL or Other Areas or to ensure the smooth operation of the AEL or Other Areas, and the Company may close the AEL or Other Areas and any AEL station or station of Other Areas at any time provided the Company shall take all reasonable care not to cause any damage to or loss of the PWLAN Equipment in so doing. Upon giving prior reasonable notice to the Operator, the Company may also, for these purposes, require the removal or dismantling of the PWLAN Equipment which removal or dismantling will be carried out by the Operator promptly upon reasonable request by the Company, except in emergency cases, when the Company shall be entitled to remove or dismantle the PWLAN Equipment itself by giving notice to the Operator as soon as practicable after the action is taken. 15.3 If the Company exercises its rights under Clause 15.2 it shall not be liable to the Operator for any loss, damage or liability sustained by the Operator or by any other person which is directly or indirectly attributable to such exercise, save where the same arises through the Company's failing to use all reasonable care. 15.4 The Company expressly reserves the right to terminate this Agreement if required for station operation needs or station improvement schemes, by giving at least six (6) months advance notice in writing to the Operator without any compensation thereof and the Operator shall have no claim whatsoever against the Company.
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