Subject to Clauses 16. 2 and 16.4, the Party claiming the occurrence of the Force Majeure shall be excused from performance of its obligations under this PPP Agreement to the extent that it is unable to perform those obligations as a result of such Force Majeure and neither Party shall be entitled to:
Subject to Clauses 16. 7 through to 16.8 (each inclusive), this Agreement shall be legally binding on and inure for the benefit of the successors, assigns and personal representatives of the Parties, but no Party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other Parties.
Subject to Clauses 16. 4 and 16.5:
Subject to Clauses 16. 1 and 16.2, we are not liable to you whether under this Contract, tort (including negligence) or otherwise for direct or indirect loss of profits, anticipated profits, business, goodwill or anticipated savings, or for any special, indirect or consequential loss or damage including, but not limited to, claims against you from third parties and loss of or damage to your data software or e-mails even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the loss.
Subject to Clauses 16. 3 and 16.4 below, the Company may, at any time and without the payment of any penalty, terminate this Agreement on behalf of a Series upon sixty (60) days written notice to the Manager, either by majority vote of the Trustees or by the vote of a majority of the outstanding voting securities of such Series (as defined in the 1940 Act).
Subject to Clauses 16. 2 and 16.3 (Variation), and except where expressly provided for elsewhere in this Agreement, no changes to the terms of the Agreement will be effective unless it is agreed in writing by Wardman UK and the Customer.
Subject to Clauses 16. 3, 16.4 and 16.5, this Agreement shall terminate and the Escrow Agent shall be discharged from all duties and liabilities hereunder on the earlier of:
Subject to Clauses 16. 2 and 16.3, this Agreement shall terminate with immediate effect and all rights and obligations of Equinix and Telecity under this Agreement shall cease:
Subject to Clauses 16. 14.1 and 16.14.2 above and unless otherwise agreed in this agreement or any Ancillary Agreement, the costs and charges in connection with the Disentanglement will:
Subject to Clauses 16. 1 and 16.2, the Purchaser acknowledges and agrees that:
