Subject to Clauses 5. 1.1 and 5.1.2, the Concessionaire shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
Subject to Clauses 5. 1.1 to 5.1.4, Almirall (as the Party responsible for Commercialising Product in the Territory), at its sole cost and expense, shall be responsible for obtaining all ancillary necessary permissions, consents and licences (additional to the Marketing Authorisation), required to Commercialise the Product in each country in the Territory under any Applicable Law, such as any import approvals, wholesale dealer’s licenses and pricing and reimbursement approvals. GW Pharma agrees to reasonably cooperate with Almirall in obtaining any such additional necessary authorisations and approvals required to Launch the Product in each country in the Territory, including representatives of GW Pharma attending meetings with the relevant Competent Authorities together with Almirall (subject to the consent of such Competent Authority) at GW Pharma’s own cost and expense for such attendance. Almirall will inform GW Pharma in good time of all meetings with relevant Competent Authorities. Where it is not legally permissible for Almirall to obtain any such necessary permission, consent or licence on its own behalf or in its own name, GW Pharma shall assume such responsibility at Almirall’s cost and expense. In the event GW Pharma is not able to obtain such permission, consent or licence on behalf of a Almirall in a particular Country in the Territory the Parties shall meet and agree a procedure to allow the Commercialisation of Product in the Country in question.
Subject to Clauses 5. 1.1 and 5.1.2, the Service Provider shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person.
Subject to Clauses 5. 1.2 to 5.1.7 (inclusive) and Clause 5.1.9, Network Rail:
(a) grants to the Freight Customer the right to require Network Rail to secure that one or more Appointed Operators obtain permission from Network Rail to use the Network to enable any such Appointed Operator to operate the Services; and
(b) acknowledges that to give effect to the Freight Customer's rights under Clause 5.1.1(a), Network Rail will be required to enter into one or more Operator Access Agreements with the relevant Appointed Operator pursuant to which Network Rail grants or will grant that Appointed Operator (among other things) permission to use the Network to enable that Appointed Operator to operate the Services.
Subject to Clauses 5. 1.1 and 5.1.2, the Agency shall discharge its obligations in accordance with Good Industry Practices and as a reasonable and prudent person.
Subject to Clauses 5. 4, 8.1 and 8.10, neither party shall be liable for:
a) consequential, special, incidental or indirect losses, or
b) the following losses whether direct, consequential, special, incidental or indirect losses: loss of profits; loss of revenue; loss of turnover; loss of sales; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; losses relating to brand; loss of software or data; stock exchange related losses;
Subject to Clauses 5. 1.1 and 5.1.2 above, the Strategic Partner shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent service provider and shall complete the Services in accordance with the timelines specified in Schedule C.
Subject to Clauses 5. 8.1 and 6 (inclusive), your final invoice shall be based on the calculation of your consumption up to the date of termination or, where appropriate, the conditions of Clause 5.13 shall apply. The invoice shall also include any other costs reasonably incurred by us in the performance of this Agreement.
Subject to Clauses 5. 1 and 5.5, the Supplier shall, at its option, either rectify or repair, replace or refund the Unit Price of any Products which are defective or non-conforming provided that:
(a) the Customer has notified the Supplier in writing of any such defects or non- conformity with the Product Documentation during the Warranty Period specifying the relevant defect of non-conformity (the “Reported Defect”);
(b) the Supplier, having been provided a reasonable opportunity by the Customer, has verified the Reported Defect;
(c) the Customer provides all reasonable cooperation as may be necessary for the Supplier to undertake the any rectification or repair works on the Product where applicable; or
(d) where the Supplier elects to issue a refund for the Unit Price or to replace the Product, the Customer delivers all Products affected by the Reported Defect to the Supplier, and the Supplier shall bear all reasonable costs and expenses incurred in the rectification, repair, replacement or refund of the Products affected by the Reported Defect at no additional charges or costs to the Customer.
Subject to Clauses 5. 1.1 and 5.1.2, the Operator shall discharge its obligations in accordance with the National Building Code, Green Building Code, Indian Green Building Council, Development Control Rules, the principles of Good Industry Practice and as a reasonable and prudent Person.
