Subject to Clauses 6. 1 and 6.2, the liability of Vodafone in relation to any Employee howsoever arising, whether in contract, tort (including negligence and breach of statutory duty) or otherwise at all and whatever the cause (including any act or omission of the Employee) shall not exceed the aggregate amount of the Secondment Fee paid in respect of the Employee.
Subject to Clauses 6. 1.1 and 6.1.5, in no event shall either Party be liable to the other for any:
7.1.4.1 loss of profits;
7.1.4.2 loss of business;
7.1.4.3 loss of revenue;
7.1.4.4 loss of or damage to goodwill;
7.1.4.5 loss of anticipated savings; and/or
7.1.4.6 any indirect, special or consequential loss or damage.
Subject to Clauses 6. 2 to 6.4, the Supplier shall not be responsible for any loss or damage caused by or resulting from any delay in delivery or non-delivery of Stocks or any part thereof for whatever reason and the Distributor shall not be entitled to repudiate the order for any such delay in delivery or non-delivery. However in such circumstances the sales targets set out in the applicable Marketing Plan shall be reduced accordingly.
Subject to Clauses 6. 1 and 6.2, the Active Party shall be responsible for the recovery or removal and when appropriate the marking or lighting of any wreck or debris arising from or relating to the performance of the Work or the property, equipment, vessels or any part thereof provided by the Active Party Group in relation to Work, when required by law, or governmental authority, or where such wreck or debris is interfering with the Passive Party’s operations or is a hazard to fishing or navigation. The Active Party shall, except as provided for in Clause 6.2 and Clause
Subject to Clauses 6. 1.2 and 6.2 below, each Borrower shall repay the Loan in instalments in the amounts and on the dates set out in Schedule 10 (the "REPAYMENT SCHEDULE"), each such instalment being a "REPAYMENT Instalment".
Subject to Clauses 6. 1.1 and 6.1.2 above, if, on or before Completion, upon proper notification OMAR and/or the PROMISSORY SELLERS refuse to transfer the shares to SWIFT PROFIT , the latter shall be entitled (in addition to and without prejudice to all other rights or remedies available to it including the right to claim damages) by notice in writing to OMAR and the PROMISSORY SELLERS to terminate this PROMISSORY AGREEMENT and demand the return of the Deposit (with interest) and an additional compensation equivalent to the amount of the Deposit.
Subject to Clauses 6. 1.4 and 6.1.5 and the Delegations Matrix, the decision making of the Delivery Vehicle shall be governed by this Agreement, provided that the Board may from time to time delegate to a sub-committee of the Board and/or named individuals, authority to make decisions and/or take action on behalf of the Board (and therefore on behalf of the Delivery Vehicle).
Subject to Clauses 6. 2.1, 6.2.3, 6.2.4 and 8 each Member is entitled to:
(a) remove and replace the Nominees appointed by it and appoint further Nominees at any time;
(b) appoint persons as alternate nominees to the Board to act as a substitute for any absent Nominee appointed by it (an “Alternate Nominee”) to do all such things as the absent Nominee would be entitled to do in their capacity as Nominee and to remove or replace any Alternate Nominee appointed by it and, unless otherwise expressly stated or unless the content requires otherwise, subsequent references in this Agreement to a Nominee shall be interpreted as also referring to any Alternate Nominee.
Subject to Clauses 6. 1 and 6.2, if CV is required by law to make any payment under this Agreement subject to the deduction or withholding of any Relevant Tax the full amount required to be deducted or withheld to the relevant taxation or other authority shall be so deducted or withheld by CV under the applicable law and CV shall deliver to the Patent Owners within 30 days of actual receipt (or such shorter time after actual receipt as the applicable authority requires) a receipt or certified copy thereof or other appropriate evidence issued by such authority evidencing the payment to such authority of all amounts so required to be deducted or withheld in respect of such payment.
Subject to Clauses 6. 1 and 6.2 above Scil shall be responsible for complying with the laws in the Territory applicable to marketing, distributing and selling the Licensed Products pursuant to this Agreement and for paying all applicable customs duties, taxes and other costs in respect of the marketing, distribution and sale of the Licensed Products in the Territory.
