VARIATION AND TERMINATION. 13.1 We may at any time, upon notice to you, terminate or vary our business relationship with you and close your Account and require the repayment of outstanding debts and monies resulting from such credits within such time as we may determine in our sole discretion.
13.2 Without prejudice to our rights under clause 13.1, we may at our sole discretion suspend or close your Account:
(a) if you use the Account for unauthorised or unlawful purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
(b) if your Mobile Money Account or agreement with a Mobile Network Operator is terminated for whatever reason;
(c) if we are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
(d) if we reasonably suspect or believe that you are in breach of these Terms and Conditions which you fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so;
(e) where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
(f) to facilitate update or upgrade the contents or functionality of the Services from time to time;
(g) if we decide to suspend or cease the provision of the Services for commercial reasons or for any other reason as we may determine in our absolute discretion; or
(h) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
13.3 If your Account has a credit balance at any time as a result of overpayment of your Loan, you may issue a Request to us for payment of such credit balance and we will return any such balance to you, less any applicable fees or tax, provided that such amount falls above the minimum transfer amounts specified by the relevant Mobile Money Services Provider. Payment will be made to you within seventy two (72) hours of your request.
13.4 Termination shall not affect any accrued rights and liabilities of either you or Zenka.
13.5 If Zenka receives notice of your demise, it will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of confirmed grant of letters of administration or confirmed grant of probate by your legal representatives or executors of your estate duly appointed by a court of competent jurisdiction.
VARIATION AND TERMINATION. All and any of the provisions of this agreement may be deleted, varied, supplemented, restated or otherwise changed in any way at any time with the prior written consent of the Company and by the Shareholders holding at least [ ] per cent of the Equity Shares (excluding Treasury Shares) held by the Shareholders, in which event such change shall be binding against all of the parties hereto provided that if such change would impose any new obligations on a party, [vary an express contractual right of that party under this agreement] or increase any existing obligation, the consent of the affected party to such change shall be specifically required. This agreement may be terminated with the prior written consent of the Company and by Shareholders holding at least [ ] per cent of the Equity Shares (excluding Treasury Shares) held by the Shareholders, in which event such termination shall be binding against all of the parties hereto save that nothing in this clause shall release any party from liability for breaches of this agreement which occurred prior to its termination. [This agreement shall terminate and cease to have effect upon an IPO [approved in accordance with clause 10 (Matters requiring consent of the Investors or the Investor Directors)] save that nothing in this clause shall release any party from liability for breaches of this agreement which occurred prior to its termination.] Nothing in this agreement is intended to or shall be construed as establishing or implying any partnership of any kind between the parties. Subject to clause 25.3, this agreement is personal to the parties and no party shall: assign any of its rights under this agreement; transfer any of its obligations under this agreement; sub-contract or delegate any of its obligations under this agreement; or charge or deal in any other manner with this agreement or any of its rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of clause 25.1 shall be ineffective. An Investor may assign the whole or part of any of its rights in this agreement to any person who has received a transfer of shares in the capital of the Company from such Investor in accordance with the New Articles and has executed a Deed of Adherence. Subject to clause 26.2, this agreement does not confer any rights on any person or party (other than the parties to this agreement) pursuant to the Contracts (Rights of Third Parties) Xxx 0000. The gener...
VARIATION AND TERMINATION. 14.1 Subject to clause 14.2, this agreement can only be varied or terminated in accordance with the Act.
14.2 The landowner waives any right to request voluntary termination in accordance with subsections 127G(5) and (6) of the Act.
14.3 This clause does not affect the ability of the Minister and the landowner to terminate this agreement by consent under section 127G(2)(a) of the Act (including in the circumstances described in subsection 127G(6) of the Act). Note: Clause 14.2 ensures that the landowner can obtain Commonwealth Government tax advantages that apply to conservation covenants. Those tax advantages would not be available if the right to request termination of the agreement under subsections 127G (5) and (6) of the Act was available. Subsections 127(5) and (6) of the Act give landowners the right to request termination of the agreement where credits are not sold within 3 months or after 5 years of entering the agreement. The effect of clause 14.2 is that the landowner gives up that right. This is essential as the tax advantages are only available where the Commonwealth Government has conferred conservation covenant status on biobank sites – and a requirement of this status is that the sites will operate permanently.
VARIATION AND TERMINATION. The Hirer acknowledges that Council may vary the terms of this agreement at Council’s absolute discretion. The Council may terminate this agreement on 7 days notice. STATEMENT OF UNDERSTANDING By signing this agreement the Hirer acknowledges the terms and conditions of this agreement and affirms that:
1. the terms and conditions of this agreement have been read and understood;
2. the Hirer agrees to be bound by this agreement; and
3. is of lawful age and is legally competent to give this waiver, release and indemnity; Agent for the Council Witness Agent’s full name Witness name Individual Hirer or joint Hirer - Person 1 Signed: In the presence of: Signature of Witness Full name of Witness Address Occupation Joint Hirer- Person 2 (If applicable) Signed: In the presence of: Signature of Witness Full name of Witness Address Occupation If the Hirer is a company Executed by Name of company in full and company’s ACN by or in the presence of: Signature of Director Signature of Secretary/other Director Name of Director in full Name of Secretary/other Director in full
VARIATION AND TERMINATION. This agreement contains the whole agreement between the parties relating to the transactions contemplated by this agreement. Except as required by statute, no terms shall be implied (whether by custom, usage or otherwise) into this agreement. The Operator acknowledges that, in agreeing to enter into this agreement, it has not relied on any express or implied representation, warranty, draft agreement, undertaking, promise collateral contract or other assurance or arrangement of any kind whether or not in writing made by or on behalf of any other party at any time before the signature of this agreement. Canouan Estate may terminate this agreement at any time by notice in writing without cause. As an alternative to exercising its right to terminate, Canouan Estate may by notice revise the rates, packages or any of the offers set out in this agreement. Any such revisions or amendments will be notified to the Operator by e-mail or facsimile and will be effective when sent. This agreement commences from receipt of signed copy by Xxxxxxx Estate and will continue unless terminated earlier until the expiration of the rates specified herein. This agreement and any non-contractual obligations arising out of or in connection with it shall be governed by English law. Each party submits to the exclusive jurisdiction of the English courts.
VARIATION AND TERMINATION. 24.1 All and any of the provisions of this agreement may be deleted, varied, supplemented, restated or otherwise changed in any way at any time with the prior written consent of the Company, the Investor and by the Shareholders holding at least [90] per cent of the Shares (excluding Treasury Shares) held by the Shareholders, in which event such change shall be binding against all of the parties hereto provided that if such change would impose any new obligations on a party, or increase any existing obligation, the consent of the affected party to such change shall be specifically required.
24.2 This agreement may be terminated with the prior written consent of the Company, the Investor and by Shareholders holding at least [90] per cent of the Shares (excluding Treasury Shares) held by the Shareholders, in which event such termination shall be binding against all of the parties hereto save that nothing in this clause shall release any party from liability for breaches of this agreement which occurred prior to its termination.
VARIATION AND TERMINATION. 10.1. All grants awarded are subject to the terms and conditions that apply at the time the grant is awarded and to any amendments that may be issued from time to time. The Charity reserves the right to amend these terms and conditions and the terms and conditions of the grant award letter and will notify the Lead/Principal Investigator and the Host Institution in writing of any such changes.
10.2. For the avoidance of doubt, in the event of a conflict between these terms and conditions and any terms and conditions outlined in the grant award letter, the provisions of the grant award letter will take precedence.
10.3. Neither the Host Institution nor the Lead/Principal Investigator may assign any rights or obligations in respect of the grant to any other party without the Charity’s prior written consent.
10.4. Without prejudice to the Charity’s other rights and remedies, the Charity may at its discretion withhold or suspend payment of the grant and/or require repayment of all or part of the grant if:
10.4.1 the Lead/Principal Investigator or the Host Institution uses the grant otherwise than as set out in the Proposal;
10.4.2 unless the Charity has given its written permission to the contrary, the grant is not activated within three months of the start date indicated on the grant award letter;
10.4.3 the Lead/Principal Investigator or the Host Institution provides the Charity with materially misleading or inaccurate information;
10.4.4 the Lead/Principal Investigator, the Host Institution or any of the research personnel commits or committed an offence under the Bribery Act 2010, under legislation creating offences in respect of fraudulent acts, or at common law in respect of fraudulent acts in relation to any of their dealings with the Charity;
10.4.5 the Host Institution ceases to operate for any reason, or it passes a resolution (or any court of competent jurisdiction makes and order) that it be wound up or dissolved (other than for the purposes of a bona fide and solvent reconstruction or amalgamation); or
10.4.6 the Lead/Principal Investigator or the Host Institution fails to comply with any of these terms and conditions and fails to rectify any such failure within thirty (30) days of receiving written notice detailing the failure);
10.4.7 the conduct of any person connected to the grant may bring the Charity’s reputation into disrepute.
10.5. In the event that the Lead/Lead/Principal Investigator or Host Institution are delayed in performing their ob...
VARIATION AND TERMINATION. 17.1 All and any of the provisions of this Agreement may be deleted, varied, supplemented, restated or otherwise changed in any way at any time with the prior written consent of the Company and the Investor Majority, in which event such change shall be binding against all of the parties hereto.
17.2 Notwithstanding anything in this Agreement to the contrary, this Agreement may not be amended, modified or terminated and the observance of any term hereunder may not be waived with respect to any Investor without the written consent of such Investor, if such amendment, modification, termination or waiver would adversely affect the rights of such Investor in a manner disproportionate to any adverse effect such amendment, modification, termination or waiver would have on the rights of the other Investors under this Agreement.
17.3 This Agreement may be terminated with the prior written consent of the Company and the Investor Majority, in which event such termination shall be binding against all of the parties hereto, save that nothing in this clause shall release any party from liability for breaches of this Agreement which occurred prior to its termination.
17.4 This Agreement shall terminate and cease to have effect upon the first to occur of: (i) consummation by the Company of a Holding Company Reorganisation (provided that a shareholders’ agreement relating to the new Holding Company substantially on the terms of this Agreement has been entered into between the relevant parties); and (ii) an IPO effected in accordance with this Agreement, save that nothing in this clause shall release any party from liability for breaches of this Agreement which occurred prior to its termination; provided further, however, that the provisions of clause 8.4 and Schedule 4 shall survive termination of this Agreement until such provisions are terminated or expire in accordance with subsection 2.12 of Schedule 4.
VARIATION AND TERMINATION. 13.1 Except where a specific period is given elsewhere in this Agreement RUL reserves the right to vary this Agreement upon giving the number of days’ notice set out in Schedule 1 to the Intermediary except in circumstances where changes in the rules of a relevant regulatory body are required to take immediate effect, in which case no notice will be required. Any variation to this Agreement will not affect Policies in force or proposals for Policies received by RUL before any such change has been made. However, RUL will treat any change in Premium for an existing Policy, whether such increase is automatic or otherwise, as new business and as such the rate of commission at the date of such change will apply.
13.2 This Agreement may be terminated by RUL on the number of days’ notice set out in Schedule 1 to the Intermediary and by the Intermediary on the number of days’ notice set out in Schedule 1 to RUL, or by the agreement of both parties at any time.
13.3 This Agreement may be terminated by a party (the “Non-defaulting Party”) immediately on notice to the other party (the “Defaulting Party”) if:
13.3.1 the Defaulting Party is in material breach of any of these terms and, if the breach is capable of remedy, such breach has not been remedied within 30 days after receipt by the Defaulting Party of notice from the Non-defaulting Party requiring such remedy; or
13.3.2 the Defaulting Party is in material breach of any of the Regulatory Requirements; or
13.3.3 the Defaulting Party or any director or partner or principal of it is convicted of any criminal offence (other than a driving offence) or the Non-defaulting Party has
13.3.4 the Defaulting Party has become insolvent or an order has been made or a resolution passed for its liquidation, administration, winding up, bankruptcy or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction; or
13.3.5 where the Defaulting Party is a partnership any of the partners becomes insolvent or a resolution is passed for his or her bankruptcy; or
13.3.6 an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer is appointed over all or any substantial part of the Defaulting Party’s assets; or
13.3.7 the Defaulting Party or, where it is a partnership, any of its partners, enters into or proposes any composition or arrangement with its or his or her creditors generally; or
13.3.8 the Intermediary being a sole trader or unincorporated person dies; or
13.3...
VARIATION AND TERMINATION. (a) This Deed may only be varied or terminated in writing and in accordance with the Biodiversity Conservation Act.
(b) The Owner waives any right to request voluntary termination in accordance with sections 5.10(5) and (6) of the Biodiversity Conservation Act.
(c) This clause 22 does not affect the ability of the Minister and the Owner to terminate this Deed by consent in accordance with section 5.10(2)(a) of the Biodiversity Conservation Act (including where the circumstances described in subsection 5.10(6) of the Biodiversity Conservation Act apply).
(d) The Owner acknowledges that no compensation is payable by the Minister or the Minister’s Representative to the Owner in respect of variation or termination of this Deed except where compensation is payable under the Biodiversity Conservation Act or at Law.
