Subject to Clause 11. 2.1 of this Article, the Association agrees not to bypass the Individual or Group Grievance process by filing Policy Grievances.
Subject to Clause 11 upon request, a teacher may return to duties prior to the expiration of maternity, adoption and/or parental leave of absence of fewer than thirty-seven (37) weeks in duration by providing notice in writing at least thirty (30) calendar days in advance of the return date.
Subject to Clause 11. 1 (Grant Claim Procedures), the Acceptance Date having passed and Homes England being satisfied that the Conditions Precedent have been satisfied, the Developer may apply to Homes England for the Acquisition Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Developer must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
Subject to Clause 11. 1, GO Power shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss of use or corruption of software, data or information; or
(g) any indirect or consequential loss.
(h) physical damage to property whether or not same was reasonably foreseeable, at the time of entry into this Agreement, as a likely result of any breach.
Subject to Clause 11. 6 (Reserved Matters), a resolution of the Board shall be effective if passed by a simple majority of votes of Directors present at a duly constituted and called meeting of the Board.
Subject to Clause 11. 1.2, C4X shall use commercially reasonable efforts to prosecute and maintain the C4X Patents in each Major Market and each other country requested by Company, in each case in consultation with Company and at Company's cost. Company shall reimburse C4X for C4X’s reasonable out-of-pocket costs arising from such prosecution and maintenance within thirty (30) days of receiving each invoice therefor. In the event that C4X desires to prosecute and maintain Patents in any country that Company has not so requested (“Additional Country”), C4X shall notify Company of such desire and, if Company does not instruct C4X to commence prosecution in such Additional Country within thirty (30) after such notice, then C4X may prosecute and maintain C4X Patents in such Additional Country, at C4X’s cost. C4X shall provide Company with copies of all material documents relating to the Handling of the C4X Patents in a timely manner. Without limiting the foregoing, C4X shall provide to Company, for review and comment, drafts of filings relating to the C4X Patents no less than seven (7) days prior to making such filing. C4X shall (a) use best efforts to accommodate Company’s comments and suggestions in the Handling of C4X Patents (including with respect to Additional Countries) and (b) not take patent prosecution positions in any Additional Countries that would undermine or contradict positions taken in the prosecution of the C4X Patents in any Major Markets or other countries selected by Company or that would otherwise negatively impact the scope or validity of the C4X Patents in any Major Markets or other countries selected by Company.
Subject to Clause 11. 1 (Grant Claim Procedures and Xxx Xxxxx Xxxxxxx), a Firm Scheme having reached Start on Site by the Start on Site Date and Homes England being satisfied that the Conditions Precedent have been satisfied, the Developer may apply to Homes England for the Start on Site Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Developer must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
Subject to Clause 11. 1 (Grant Claim Procedures and Xxx Xxxxx Xxxxxxx), a Firm Scheme having reached Start on Site by the Start on Site Date, receipt by Homes England of the Solicitor's Undertaking (if no previous claim for Firm Scheme Grant has been made in respect of this Firm Scheme) and Homes England being satisfied that the Conditions Precedent have been satisfied, the Developer may apply to Homes England for the Start on Site Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Developer must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
Subject to Clause 11. 6. SEV will indemnify and keep DCL indemnified in full against all Liabilities arising directly or indirectly in connection with:
11.5.1 any Employment Costs arising in relation to the Contracted Period in relation to the Employees; ***Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
11.5.2 the employment or termination of employment by SEV of any of the Employees (whether or not terminated by notice and, if so terminated, whenever that notice expires); and
11.5.3 any act, omission or default of SEV in respect of the employment by SEV of the Employees.
Subject to Clause 11. 5.1 AND OTHER THAN FOR BREACH OF ARTICLE 6 (CONFIDENTIALITY) OR ARTICLE 7 (DATA PROTECTION) OF THIS AGREEMENT, EACH PARTY’S LIABILITY UNDER THIS AGREEMENT HOWSOEVER ARISING WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE UNDER THIS AGREEMENT. FOR AVOIDANCE OF DOUBT, THE PROVISIONS RELATING TO THE PARTIES’ LIABILITY IN RESPECT OF THE PROJECTS SHALL BE SET OUT IN THE RELEVANT PROJECT CONTRACT.
