Without prejudice to. Paragraph 6.1, University’s liability to the Licensee for all losses or damage of any kind howsoever caused shall be limited to the aggregate total amount received by University from Licensee under this Agreement as at the date of such breach.
Without prejudice to the Buyer’s obligations hereunder, in order to facilitate the development of the BFE Engineering Definition, the Seller will organize meetings between the Buyer and BFE Suppliers. The Buyer hereby agrees to participate in such meetings and to provide adequate technical and engineering expertise to reach decisions within a timeframe specified by the Seller. In addition, prior to Delivery of the Aircraft to the Buyer, the Buyer agrees:
(i) to monitor the BFE Suppliers and ensure that they will enable the Buyer to fulfil its obligations, including but not limited to those set forth in the Customization Milestone Chart;
(ii) that, should a timeframe, quality or other type of risk be identified at a given BFE Supplier, the Buyer will allocate resources to such BFE Supplier so as not to jeopardize the industrial schedule of the Aircraft;
(iii) for major BFE, including, but not being limited to, seats, galleys and IFE (“Major BFE”) to participate on a mandatory basis in the specific meetings that take place between BFE Supplier selection and BFE delivery, namely:
(a) Preliminary Design Review (“PDR”),
(b) Critical Design Review (“CDR”);
(iv) to attend the First Article Inspection (“FAI”) for the first shipset of all Major BFE. Should the Buyer not attend such FAI, the Buyer will delegate the FAI to the BFE Supplier thereof and confirmation thereof will be supplied to the Seller in writing;
(v) to attend the Source Inspection (“SI”) that takes place at the BFE Supplier’s premises prior to shipping, for each shipset of all Major BFE. Should the Buyer not attend such SI, the Buyer will delegate the SI to the BFE Supplier and confirmation thereof will be supplied to the Seller in writing. Should the Buyer not attend the SI, the Buyer will be deemed to have accepted the conclusions of the BFE Supplier with respect to such SI. The Seller will be entitled to attend the PDR, the CDR and the FAI. In doing so, the Seller’s employees will be acting in an advisory capacity only and at no time will they be deemed to be acting as Buyer’s employees or agents, either directly or indirectly.
Without prejudice to any other rights or remedies that we may have, we may terminate this Agreement with immediate effect (and, unless we determine that it is unlawful, inappropriate or impracticable, on giving written notice to you) if:
16.1.1 you fail to pay all or any Charges by the due date and fail to remedy such breach within two Business Days of a written notice from us requesting such late payment;
16.1.2 any agreement between us and one of our suppliers (including any Service Provider or Network Operator) is suspended or terminated or expires without being renewed, or where the supply of Services under such agreement is suspended or terminated or ceases, and/or where such provider is not permitted by law to supply the Services which affects the supply of or the cost of supplying the Services;
16.1.3 you are in breach of any obligation in this Agreement and, in the case of any breach capable of remedy, fails to remedy the breach within five Business Days of service of written request by us to do so;
16.1.4 you repeatedly breach any term of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with your having the intention or ability to give effect to this Agreement and use the Services in good faith, and/or the effect of such persistent breaches is to amount to a material breach;
16.1.5 we become aware or reasonably suspect that Fraud, Artificial Inflation of Traffic or any other improper use of the Services has taken or is taking place;
16.1.6 we have reasonable grounds to consider that you are or have been involved or connected with the commission of any criminal offence or other civil wrongdoing involving dishonest conduct (whether or not proceedings for the same are brought or, if brought, result in a conviction) or have otherwise behaved in a manner that in our opinion does or could adversely affect our goodwill, brand or reputation or that of any of our Group Companies;
16.1.7 we cease to be authorised to provide the Services or are otherwise prohibited from providing the Services by any competent authority or by some other regulation or law from supplying the Services, or otherwise are no longer able to provide the Services as a result of factors beyond our reasonable control;
16.1.8 you are or will imminently become Insolvent;
16.1.9 your direct debit is cancelled;
16.1.10 you fail to provide a deposit within ten Business Days of a request to do so made pursuant to clause 6.3; and/or
16.1.11 we have suspended on...
Without prejudice to. Article 18.1 of this attachment, If there is a change of circumstances, as from the Start Date, linked to storage regulations in Belgium and/or a substantial change in the system for access to the Storage Installation which results in a substantial negative impact in the economic balance of this Standard Storage Agreement that could not reasonably have been anticipated on the basis of information available on the date hereof, then the Storage User shall be entitled to request the Storage Operator to terminate the LTS subject to prior written notice of four (4) years. If the Parties cannot agree on the substantial and negative nature of the impact on the economic balance, the Parties may agree to refer to an Expert for opinion in accordance with the provisions of Article 19 of this attachment. If the Parties cannot agree to refer to an Expert or if the Parties disagree concerning the Expert’s opinion, then each Party shall have the right to submit the dispute to the competent court in accordance with Article 20 of this attachment.
Without prejudice to its obligations hereunder the Licensee undertakes in any position of uncertainty concerning the Licensee’s rights hereunder as for example which works are Licensed Material, or as to the extent of permitted copying, to seek clarification as soon as practicable of the Licensee’s rights from CLA.
Without prejudice to its other rights and remedies, Buyer may terminate the Agreement by giving Supplier written notice taking immediate effect:
a) if Supplier breaches any warranties, obligations or other terms of these Terms or the Agreement and (i) the breach has not been remedied within a period of seven (7) days from the date of a written notice requesting the remedy or (ii) such breach is incapable of remedy;
b) in case of Supplier’s (request for) suspension of payment or bankruptcy, liquidation, closure of business, withdrawal of necessary permits, seizure of property or Goods related to or necessary to perform under the Agreement (or if an event that is similar to or has the same effect as any of the matters set out in this sub-clause should occur in any jurisdiction in which the Supplier is based or conducts any part of its business)
c) if there is any change in the ownership or control of Supplier or its ultimate parent company.
Without prejudice to subsection (1) above, the Commissioners may by regulations make provision for securing continuity in the application of this Act in cases where a business, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
Without prejudice to. Article II.1.8, if either contracting party is faced with force majeure, it shall notify the other party without delay by registered letter with acknowledgment of receipt or equivalent, stating the nature, likely duration and foreseeable effects.
Without prejudice to the provisions of the Peace Agreement, as a subsequent task and during the course of the six-year Interim Period, the National Constitutional Review Commission shall be responsible for organizing an inclusive Constitutional Review Process. The process must provide for political inclusiveness and public participation.
Without prejudice to the provisions of this Clause 4 (Project Documents), if at any time an amendment is made to any Project Document, or D&B Co enters into a new Project Document (or any agreement which affects the interpretation or application of any Project Document), D&B Co shall deliver to the Authority a conformed copy of each such amendment or agreement within ten (10) Business Days of the date of its execution or creation, certified as a true copy by an officer of D&B Co.
