Subject to Section 16 Sample Clauses
The "Subject to Section 16" clause establishes that the provisions being discussed are governed or limited by the terms set out in Section 16 of the agreement. In practice, this means that if there is any conflict or overlap between the current section and Section 16, the terms of Section 16 will take precedence. For example, if Section 16 outlines specific exceptions or additional requirements, those will override the general rules in the referenced section. This clause ensures consistency and clarity by prioritizing certain terms, thereby preventing contradictions and helping parties understand which provisions control in case of discrepancies.
Subject to Section 16. 4.4 and the releases and disclaimers herein, including all the provisions set forth in Section 3.3.6, Developer’s indemnity obligation shall not extend to any Loss to the extent caused by:
16.4.2.1 The sole negligence, reckless or willful misconduct, bad faith or fraud of such Indemnified Party;
16.4.2.2 A Relief Event, subject to Developer’s obligations as provided for in this Agreement; or
16.4.2.3 The Department’s material breach of any of its obligations under the Contract Documents.
Subject to Section 16. 2, risk of loss shall transfer from the Supplier directly to the end customer or Subdistributor when the Products are delivered to such customer or Subdistributor in the local Territory. Title to the Products shall transfer from Supplier (or its Affiliate) to Distributor (or its Affiliate) at the time such Products are purchased by Distributor (or its Affiliate) from Supplier (or its Affiliate) hereunder.
Subject to Section 16. 1 above, Will▇▇▇▇ ▇▇▇ll timely report and pay any and all sales, use, income, gross receipts, excise, transfer, ad valorem or other taxes, and any and all franchise fees or similar fees assessed against it due to its construction, ownership or use of the System, provided that Grantee shall reimburse Will▇▇▇▇ ▇▇▇ its Pro-Rata Share of property taxes (including ad valorem, use, property, or similar taxes, franchise fees, or assessments that are based on the value of property or of a property right) attributable to the System, including taxes based on the value, operation, or existence of the System.
Subject to Section 16. 2 below and except to the extent caused by any matter against which Tenant has agreed to indemnify Landlord under this Lease, Landlord hereby agrees to indemnify, defend, and hold harmless Tenant and the other Tenant Parties from and against (and to reimburse Tenant and the other Tenant Parties) for any and all Claims to the extent arising from or in connection with (or alleged to arise from, to be in connection with) the gross negligence or willful misconduct of Landlord or any other Landlord Party. If any action or proceeding is brought against Tenant or any other Tenant Party by reason of any such Claim, upon written notice from Tenant, Landlord shall defend such action or proceeding at Landlord’s cost and expense by counsel reasonably approved by Tenant.
Subject to Section 16. 1.9, the Lenders may deliver a copy of any financial statement or any other information relating to the business, assets or condition (financial and otherwise) of the Company and its Subsidiaries or the Guarantors which may be furnished to them under this Agreement or otherwise to any prospective or other Participant or Assignee to the extent reasonably required by such Participant or Assignee in connection with its interest or the proposed acquisition of an interest in the Credit or a Bid Loan or any Money Market Loans.
Subject to Section 16. 9(c), the following Sections of Article 16 may not be amended without the consent of the Lead Borrower:
Subject to Section 16. 9, the parties may jointly collaborate and participate in industry events, conferences, press releases and similar activities as mutually agreed on a case-by-case basis.
Subject to Section 16. 03, the Parties agree that the non-breaching Party shall have the right to seek relief for any violation or threatened violation of this Article XII or Section 15.01 by the breaching Party from any court of competent jurisdiction in any jurisdiction authorized to grant the relief necessary to prohibit the violation or threatened violation of this Article XII or Section 15.01. This Article XII shall apply with equal force to the breaching Party's Affiliates.
Subject to Section 16. 7.8 of the HMA, Licensee shall, upon termination of this Agreement, on its own behalf and on behalf of its members, managers, directors, officers, employees, agents representatives or any other persons or entities with whom they may contract to create materials incorporating the SLS Intellectual Property, to promptly cease the distribution, release and use of such items until the SLS Intellectual Property appearing thereon are deleted or removed.
Subject to Section 16. 8, you can terminate this Agreement if we notify you of an increase to your fees or add new fees and you notify us that you are terminating this Agreement within 30 days of our notice. If you do not notify us in the required period, you are deemed to have accepted the fee changes.