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. 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. 3 (i), the ownership of Bus Shelters structures and light boxes/advertising panels of the 1397 Project Assets (In Xxxx-0, Xxxx-0, Xxxx-0 & Zone-4 as applicable), shall be with the Concessionaire at all times during the Agreement Period and shall be transferred to DTIDCL at the end of Agreement Period.
Subject to Clause 15. 7.1 of this Clause, each employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable:
15.7.2.1. The rate applicable to him/her as prescribed by Xxxxxx 7 Wage Rates of this Agreement.
15.7.2.2. The rate prescribed for work by Xxxxxx 9 - Hours of Duty/Shift Work of this Agreement according to the employee's roster, or projected roster, including Saturday and Sunday Shifts.
15.7.2.3. The rate payable pursuant to Clause 27 - Higher Duties Allowance calculated on a daily basis which the employee would have received during the relevant period whether on a shift roster or otherwise.
15.7.2.4. Any other rate to which the employee is entitled in accordance with his contract of employment for ordinary hours of work; provided that this provision shall not include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by, Clause 10 - overtime or Clause 30 - Travelling and Accommodation of this Agreement, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.
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. 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.
