Subject to the provisions of this Agreement, the Union acknowledges that it is the exclusive function and responsibility of the Employer to:
Subject to the provisions of Clause 16.1, the SELLER shall be responsible for all costs incidental to the registration of the aforementioned bond. Notwithstanding the content of the aforesaid, the PURCHASER shall be responsible for all the Bank's fees including, but not limited to, the initiation fee and should the PURCHASER not be able to sign the transfer and bond documentation at the offices of the SELLER'S ATTORNEYS, the PURCHASER shall be liable and pay a correspondent's fee in the amount of R1 000.00 to the SELLER'S ATTORNEY immediately upon request.
Subject to the provisions of Section 9.1.7 below, the obligation to pay Project O&M Costs pursuant to this Article 5 shall cease the earlier of (i) the California Department of Health Services (DHS), and any other agency that has asserted jurisdiction and whose agreement is required, agrees that treatment of water pumped from Saugus 1 & 2 can be discontinued; or (ii) thirty (30) years after Commencement of Operations of the Project.
Subject to the provisions of Section 9.1.7 below, beginning five years after Commencement of Operations of the Project (which time period will be tolled during any period in excess of one week of Remedy Stoppage), CLWA, Xxxxxxxxx, or AISLIC may demand binding arbitration, as provided in Article 13 of this Agreement, for purposes of obtaining a determination of a lump sum for payment in lieu of the Project O&M Costs that would otherwise be due and payable during the remainder of the up-to thirty-year period (the "Lump Sum") based on the following criteria:
Subject to the provisions of Section 3.1, the Employee shall have such powers and responsibilities in conducting the business of the Company and/or any other Group Company in the ordinary course as may from time to time be delegated to the Employee. These powers and responsibilities may be changed or withdrawn from time to time and such changes shall be immediately communicated to the Employee.
Subject to the provisions of this clause 6, the Lender may disclose Confidential Information to the minimum extent required by:
Subject to the provisions. OF SECTION 8.4 AND 8.5 HEREOF, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY THE OTHER PARTY; OR (ii) ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS OR BUSINESS; OR (iii) LOSS OF DATA OR INFORMATION; OR (iv) LOSS OF GOOD WILL OR REPUTATION AND/OR SIMILAR LOSSES; OR (v) BUSINESS INTERRUPTIONS; OR (vi) OTHER ECONOMIC LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY USE OF OR INABILITY TO USE PRODUCTS EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. FOR PURPOSES OF THIS SECTION, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES AWARDED BY A COURT TO A THIRD PARTY AND PAID BY THE PARTY TO BE INDEMNIFIED ARE CONSIDERED DIRECT DAMAGES HEREUNDER 8.1.1 PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO: (i) USE OF PRODUCTS; OR (ii) CLIENTS’ NEGLIGENCE AND WILLFUL ACT; OR (iii) MODIFICATIONS TO PRODUCTS; WHETHER SUCH DAMAGES ARE SUFFERED BY CLIENT OR ANY THIRD PARTY 8.2 Client’s sole and exclusive remedies for breach of warranty by Provider are set forth in this Agreement. 8.3 Subject to the provisions of Section 8.4 and 8.5 hereof each Party’s total aggregate liability in contract, tort, (including negligence) misrepresentation or otherwise, including liability for any damages arising out of or related to this Agreement will not exceed Fees paid by Client hereunder for the Products that is the subject of the claim for the immediately preceding 6 months or for the period of time the defective Product are provided, whichever is shorter. Client acknowledges that Provider's pricing reflects this allocation of risk, and the limitation of liability specified in this section will apply regardless of whether any limited or exclusive remedy specified in this Agreement fails of its essential purpose. 8.4 The limitations set forth in this section will not apply to (i) damages related to death or personal injury arising out of the negligence or willful act of the other party; and (ii) any damages or liability incurred as a result of fraud or fraudulent misrepresentation of the other Party. 8.5 In the event Client breaches restrictions contained in this Agreement, notwithstanding the foregoing Client undertakes that it will indemnify and hold Provider harmless against any claims, losses, damages or liabilities arising from such breach or unauthorised use of Product. Provider reserves the r...
Subject to the provisions. OF CONDITION 11.3, Annodata's ENTIRE LIABILITY IN RESPECT OF ANY EVENT OF DEFAULT SHALL BE LIMITED TO DAMAGES NOT EXCEEDING THE SUMS PAID BY THE CUSTOMER TO Annodata FOR THE SERVICES PURSUANT TO THIS AGREEMENT IN THE PRECEDING THREE MONTH PERIOD IN THE CASE OF A SINGLE EVENT OF DEFAULT AND TWICE THE SUMS PAID BY THE CUSTOMER TO Annodata FOR THE SERVICES PURSUANT TO THIS AGREEMENT IN THE PRECEDING THREE MONTH PERIOD IN THE CASE OF ALL EVENTS OF DEFAULT OR SERIES OF CONNECTED EVENTS OF DEFAULT OCCURRING IN ANY TWELVE MONTH PERIOD.
Subject to the provisions of Section 1.2, the Credit Agreement is hereby amended by deleting all references to "Dorne & Margolin, Inc., a Delaware corpoxxxxxx," to "Dorne & Margolin, Inc" or to "Ancom Elecxxxxxxxxtique Ltd."
Subject to the provisions. OF SECTION 5.8 OF THE COLLATERAL AGREEMENT, THIS SUPPLEMENT, THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS SUPPLEMENT AND ANY DISPUTES ARISING HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.
