Subject to Clause 11 Sample Clauses
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. 3, the Supplier shall not be liable whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of opportunity; loss of goodwill; loss of use or corruption of software, data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses howsoever arising under this Agreement.
Subject to Clause 11. 2 the Promoter agrees and acknowledges, the Allottee(s) shall have the right to the said Unit as mentioned below:
(i) The Allottee(s) shall have exclusive ownership of the Unit.
(ii) The Allottee(s) shall also have undivided proportionate share in the common areas of the Whole Project. Since the share/ interest of Allottee(s) in the common areas of the Whole Project is indivisible and cannot be divided or separated, the Allottee(s) shall use the common areas, along with other occupants and maintenance staff etc., without causing any inconvenience or hindrance to them.
(iii) That the computation of the price of the Unit includes recovery of price of land, construction of, not only the Unit but also, the common areas, internal development charges, external development charges, cost of providing electric wiring, electrical connectivity to the Unit, lift, water line and plumbing, finishing with paint, tiles, doors, windows, firefighting equipment in the common areas, etc. and includes cost for providing all other facilities, amenities and specification to be provided within the Unit and the Said Project as detailed in Part I of Schedule C.
(iv) To assess the extent of development of the Said Project and his Unit, the Allottee(s) may visit the Said Project. However, the Promoter discourages such kind of visit by the Allottee(s) and his/her family members due to the risk at construction site. If the Allottee decides to visit site, he/she shall take due care and proper safety measures while visiting the site as construction activities are in full swing and the Promoter shall not in any way be held responsible for any accident, fall of any object, mis-happening etc. caused to/with Allottee(s) and his/her accompanying persons while visiting the site. Further, the Promoter strictly prohibits the visit of children at construction site.
Subject to Clause 11. 3, and save as expressly and specifically provided in this Agreement:
(a) the Customer assumes sole responsibility for results obtained and conclusions drawn from the use of the Services by the Customer, and for assessing whether the Services meets its requirements. The Supplier gives no warranty or representation that the Services will meet the Customer’s requirements. The Supplier shall have no liability for any damage caused by errors or omissions in any information or instructions provided by the Customer to the Supplier in connection with the Services, or any actions taken by the Supplier at the Customer's direction;
(b) the Supplier gives no warranty or representation that the use of the Software Platform will be uninterrupted, available or error free. The Software Platform is provided on a “as is” basis and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement, including the implied conditions, warranties or other terms as to satisfactory quality and fitness for purpose;
(c) the Supplier shall have no liability for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities; and
(d) the Supplier shall have no liability or responsibility for any fault, failure or unavailability of the Software Platform caused by the Customer’s system, any third party software, or as a result of any fault, failure, unavailability, speed or limitations of the Customer’s internet and network communications, computer equipment and/or web browser.
Subject to Clause 11. 2 this Agreement shall become effective on the date hereof and shall continue in force until terminated by the Customer by giving not less than 3 business days written notice to the Bank or such other longer period as the Bank may reasonably require.