Subject to Clauses 4. 1.1 and 4.1.5, in no event shall either Party be liable to the other for any:
4.1.4.1 loss of profits;
4.1.4.2 loss of business;
4.1.4.3 loss of revenue;
4.1.4.4 loss of or damage to goodwill;
4.1.4.5 loss of savings (whether anticipated or otherwise); and/or
4.1.4.6 any indirect, special or consequential loss or damage.
Subject to Clauses 4. 1 and 4.2 PURCHASER will notify DSC of its monthly requirement for the supply of Product for each Month on the basis of a rolling three months programme. This programme will be revised and updated on a monthly basis and will be made available to DSC no later than eight working days before the beginning of the first Month on the three months programme. The Volume estimate for the first Month of any three Months programme is binding on PURCHASER. The PURCHASER shall be entitled to alter the volume estimate for the second Month by a maximum of [*****] and the volume for the third month is indicative only.
Subject to Clauses 4. 2 to 4.5 (Membership of Eligible Employees) the Administering Authority admits the Admission Body to the Scheme as an admission body. The Admission Body designates:
4.1.1 a Transferred Active Eligible Employee as being eligible to remain an active member of the Scheme. The designation is effective from the Commencement Date; and
4.1.2 a Transferred Non-Active Eligible Employee as being eligible to become an active member of the Scheme; if he or she applies in writing to the Admission Body, or on that individual’s automatic-enrolment or re-enrolment date The designation shall be effective on the first day of the payment period following receipt by the Admission Body of the application.
4.1.3 [A New Eligible Employee it invites in writing to join the Scheme as being eligible to become an active member of the Scheme. The designation shall be effective on the first payment period following acceptance in writing of the invitation by a New Eligible Employee.]
Subject to Clauses 4. 1 and 4.2, PURCHASER will notify SC of its requirement for the supply of Product for each Month on the basis of a rolling three months programme. This programme will be revised and updated on a monthly basis and will be made available to SC eight working days before the beginning of the first Month of the three months programme. The Volume estimate for the first Month of any three months programme is binding on PURCHASER. The PURCHASER shall be entitled to alter the volume estimate for the second Month by a maximum of +/- 15% and the volume for the third month is indicative only.
Subject to Clauses 4. 4.9 and 4.4.10, at the expiration of the Acceptance Period, the Corporate Secretary shall cause the Offered Shares to be allocated to the Offerees having sent Purchase Notices in the following manner:
a) to each Offeree there shall be allocated its Proportionate Entitlement or such lesser number of Offered Shares which it has accepted;
b) if the number of any Offered Shares which remain unallocated is less than the number of Offered Shares for which applications for Excess First Offer Shares have been made, the unallocated Offered Shares shall be allocated to the Offerees having applied for Excess First Offer Shares in accordance with the following calculation: such number of unallocated Offered Shares multiplied by the percentage obtained by dividing (i) the aggregate number of Shares of the relevant Class held by the subject Offeree, by (ii) the sum of the aggregate number of Shares of the relevant Class then held by all such Offerees who have applied for Excess First Offer Shares (calculated prior to giving effect to the purchase of any Offered Shares). To the extent that, following this allocation, any amount of Offered Shares remain unallocated then such Offered Shares shall continue to be allocated to Offerees to whom there has not been allocated all of the Excess First Offer Shares for which they applied, in accordance with the formula set forth in this Clause 4.4.7 b), so far as possible until no Offered Shares remain unallocated to Offerees having applied for Excess First Offer Shares. No Offeree shall, however, be bound to take any Offered Shares in excess of the number for which it has applied; and
c) if the number of Offered Shares which remain unallocated is equal to the number of Offered Shares for which applications for Excess First Offer Shares have been made, an Offeree who has applied for Excess First Offer Shares shall be allocated the number of Excess First Offer Shares for which it applied.
Subject to Clauses 4. 3 and 4.4 the Authority and Other Contracting Bodies may at their absolute discretion and from time to time order Services from the Provider during the Term. The Parties acknowledge and agree that an Other Contracting Body has the right to order Services pursuant to this Framework Agreement, save where the provisions of this Agreement expressly do not apply, provided that the appropriate Joining Notice has been issued to the Provider.
Subject to Clauses 4. 2.6 and 4.2.7, the Seller agrees that it will use its reasonable endeavours to procure that the Target Subsidiary will apply for the variation of the Target Subsidiary's Part IV Permission described in Clause 4.1(b) above.
Subject to Clauses 4. 1.1 and 4.1.5, in no event shall either Party be liable to the other for any:
Subject to Clauses 4. 1.2 and 4.1.3 below, IAI is the sole lawful owner, beneficially and of record, of all IAI Shares.
Subject to Clauses 4. 6 and 11.1 Air IT shall have no Liability for any acts or omissions by Third Party Providers, or any unauthorised use of Services.
