Subject to Clause 15. 1 neither Party shall in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for
(a) any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
(b) loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
(c) any loss or liability (whether direct or indirect) under or in relation to any other contract.
Subject to Clause 15. 4 and the provisions of the Agency Agreement, each Holder shall be entitled to sue for the performance and observance of the provisions of this Deed as far as his holding of Debentures is concerned.
Subject to Clause 15. 03, Buyer may assign its rights and transfer its obligations under this Agreement to its Affiliate with the prior consent of the Seller, which shall not be unreasonably withheld. Provided that:
15.02.01 an entity shall qualify as an “Affiliate” of the Party if it, directly or indirectly, controls, is controlled by or is under common control of such Party; the term “control” means the right to cast more than 50% (fifty percent) of the votes exercisable at an annual general meeting of such Party (or its equivalent) or ownership of more than 50% (fifty percent) of the equity share capital of or other ownership interests in such entity, or the right to direct the policies or operations of such entity;
Subject to Clause 15. 03, Buyer may assign its rights and transfer its obligations under this Agreement to its Affiliate with the prior consent of the Seller, which shall not be unreasonably withheld. Provided that:
Subject to Clause 15. 9.3, this License Agreement and Licensee’s rights under it will terminate immediately if: (i) Licensee fails to pay the Fee to Sophos or the Partner (as applicable) in accordance with the agreed payment terms; or (ii) Sophos does not receive payment from the relevant Partner for the Products and packages provided to Licensee, or
Subject to Clause 15. 1 this Agreement is personal to the parties and neither party may assign, mortgage, or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.
Subject to Clause 15. 5.1 of this Article, a Member with a Limited-Term Appointment who is an Assistant Professor may, in or after the fifth year of the Appointment, apply for consideration for Promotion; however, if the Member has established an outstanding record of performance in Teaching and Research, the Member may make this request in the third year of the Appointment. In either case, such requests must be made in writing by March 1 of the year before consideration, and must be accompanied by those items referred to in Clause 6.5 that are reasonably available at the time. The remaining items, for example those specified in Clause 6.5 c) and d), shall be solicited by the Xxxx and added to the File as they become available. Any subsequent application shall be made no earlier than three years following the previous application. Should the Member’s Appointment end and not be renewed while the File is under consideration, consideration of the File shall also end.
Subject to Clause 15. 4.1, a Beneficiary may pay the outstanding balance of the Purchase Price, or any portion thereof, before the due date for payment.
Subject to Clause 15. 2, a person who is not a party to this Contractor Licence has no right under the Contracts (Rights of Third Parties) Act 1999 or the Contracts (Third Party Rights)(Scotland) Act 2017 (as applicable) to enforce or enjoy the benefit of any term of this Contractor Licence.
Subject to Clause 15. 2.2 and except to the extent determined to have resulted from the Seivice Provider’s negligence, misrepresentation, fraudulent behaviourorwilful misconduct, the Seivice Provider's liability in connection with this Contract will not exceed 300% of the Contract Price.