Without limiting Clause. 16.5, the Customer Portal (including the use thereof, and the related services) is provided ‘as is’; and otherwise Leaseweb hereby disclaims any and all warranties of any kind, whether express or implied, relating to the Customer Portal and the API, the software used therein or as part thereof, and any data accessed there from, including any implied warranties of title, satisfactory quality, fitness for a particular purpose and non-infringement.
Without limiting Clause. 13.1, each Party shall comply with the restrictions set out in the Applicable Laws and Mandatory Policies (irrespective of whether the Supplier or the Customer is subject to any other jurisdiction), including but not limited to:
Without limiting Clause. 19.4, any Indemnitee shall be entitled to participate in, but not control, the defence of a Third Party Claim by having its views regularly solicited by the Indemnifying Party and, where proceedings are commenced, to retain counsel of its choice for such purpose; provided, however, that such retention shall be at the Indemnitee’s own expense unless, (a) the Indemnifying Party has failed to assume the defence and retain counsel in accordance with Clause 19.4.1 (in which case the Indemnified Party shall control the defence), or (b) the interests of the Indemnitee and the Indemnifying Party with respect to such Third Party Claim are sufficiently adverse to prohibit the representation by the same counsel of both Parties under Legal Requirement, ethical rules or equitable principles.
Without limiting Clause. 19.13.1 above, an Administrative Party need not disclose any information relating to any Obligor or any of its related entities if the disclosure might, in the opinion of that Administrative Party constitute a breach of any law or regulation or any duty of secrecy or confidentiality or be otherwise actionable at the suit of any person.
Without limiting Clause. 5.8.10 hereof, if at any time trading on an exchange is suspended or halted in any underlying security, AAAFx will, in determining the closing value of a CFD, at its reasonable discretion have regard to the last traded price before the time of suspension or halt taking into account the closing value determined by the Liquidity Provider.
Without limiting Clause. 10.1.1, the Lessee's repair, maintenance and replacement obligation includes keeping the Building in good structural repair and condition irrespective of how or when the necessity or desirability for such repair, maintenance or replacement arose, including:
Without limiting Clause. 11.2, VAT shall be treated as payable if HM Customs and Excise rule that it is payable after full disclosure of all material facts. If they have done so before the Transfer Time, the tax shall be payable by Newco on the Transfer Time against issue of a proper VAT invoice (issued by TEL or other appropriate person) in respect of such VAT. If they do so on or after the Transfer Time, the tax shall be payable by Newco within five days after TEL gives Newco written notice of the ruling together with a proper VAT invoice (issued by TEL or other appropriate person) in respect of that VAT.
Without limiting Clause. 11.4 of Part 1 of the Agreement, the Contractor undertakes, in relation to the Hardware, that:
Without limiting Clause. 11.6.1, if readings taken from the Facility Metering Installation and the System Metering Installation are significantly different from one another and/or demonstrate a level of inaccuracy falling outside the particular standard and specification used for the relevant meter, or are beyond a tolerance level of ± zero point five per cent (0.5%), whichever is the lesser, then the Facility Metering Installation and the System Metering Installation shall both be tested.
Without limiting Clause. 12.1, Siemens may issue a variation request to the Supplier containing details of the requested changes (“Variation Request”). The Supplier must prepare and submit a Variation Proposal within the time and in the format requested by Siemens in the Variation Request. The Variation Proposal shall outline the how the Variation Request will be implemented, and any required changes to the Works, the Specification, the Agreed Price, the Date for Delivery or Delivery Schedule. All other adjustments and/or amounts not included in the Variation Proposal shall be deemed to have been waived by the Supplier.
