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. 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
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. 4 and the provisions of the Agency Agreement, each Holder shall be entitled to xxx for the performance and observance of the provisions of this Deed as far as his holding of Debentures is concerned.
Subject to Clause 15. 10.3, 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 (iii) Licensee breaches any of the terms and conditions of this License Agreement; or (iv) other than for Products licensed on a perpetual basis for which payment has already been received in full, if Licensee becomes insolvent.
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. 10,(SDV) The State's Nominated Representative, acting reasonably, must issue the certificate for the Melbourne Casino pursuant to clause 15.4, if
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, as a separate and independent obligation, the Seller Shareholders and the Individual Shareholders agree that any of the Guaranteed Obligations (including any moneys payable) which may not be enforceable against or recoverable from the Seller by reason of any legal limitation, disability or incapacity on or of any of the same or any other fact or circumstances (other than any limitation imposed by this Agreement) shall nevertheless be enforceable against and recoverable from the Seller Shareholders and the Individual Shareholders as though the same had been incurred by the Seller Shareholders or the Individual Shareholders, and the Seller Shareholders or the Individual Shareholders were the sole or principal obligor in respect thereof and shall be performed or paid by the Seller Shareholders and the Individual Shareholders on demand.
Subject to Clause 15. 2, if and whenever a default occurs for any reason whatsoever in the performance of any of the Guaranteed Obligations, the Seller Shareholders and the Individual Shareholders shall forthwith upon demand unconditionally perform (or procure performance of) and satisfy (or procure the satisfaction of) the Guaranteed Obligations in regard to which such default has been made in the manner prescribed by this Agreement and so that the same benefits shall be conferred on the Purchaser as it would have received if the Guaranteed Obligations had been duly performed and satisfied by the Seller.
