Without prejudice to any other rights and remedies. XXX may have pursuant to the Contract, the Contractor shall reimburse XXX for all reasonable costs incurred by XXX which have arisen as a direct consequence of the Contractor’s delay in the performance of the Contract which the Contractor has failed to remedy after being given reasonable notice by XXX. B2.1 The Contractor shall at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of work has not been specified in the Contract, the Contractor shall use the best applicable techniques and standards and execute the Contract with all reasonable care, skill and diligence, and in accordance with good industry practice.
Without prejudice to any other rights and remedies the parties may have, neither the Purchaser nor the Vendors shall be obliged to complete the sale and purchase of any of the Shares unless the sale and purchase of all of the Shares is completed simultaneously.
Without prejudice to any other rights and remedies we may have, we shall have no legal relationship, obligation or liability to any Third Party Promoter and we shall in particular be under no obligation to:
(a) accept or pay to you any Net Revenue that may have been generated by the activities of any Third Party Promoter if it is not accrued in accordance with the terms of this Agreement; and
(b) make any payment or enter into any dealings with any Third Party Promoter and in this regard you acknowledge and agree that it is your responsibility to make payments to any Third Party Promoter and you agree to indemnify us in full upon demand and defend and hold us harmless from any claim made by any Third Party Promoter to us for payment of any type.
Without prejudice to any other rights and remedies which any party may have, each party acknowledges and agrees that damages alone would not be an adequate remedy for any breach by any party of the provisions of this Agreement and any party shall be entitled to seek the remedies of injunction, specific performance and other equitable relief (and the parties shall not contest the appropriateness or availability thereof), for any threatened or actual breach of any such provision of this Agreement by any party and no proof of special damages shall be necessary for the enforcement by any party of the rights under this Agreement.
Without prejudice to any other rights and remedies available with Sun under this Agreement or law, Vyome shall compensate Sun by granting Sun a reduction in the amount payable to Vyome by Sun for the delivery in question as follows:
(a) 2% reduction in the amount payable, where Vyome has failed to deliver due to reasons directly attributable to Vyome, by a date which is later than 4 weeks after the agreed delivery date;
(b) 4% reduction in the amount payable, where Vyome has failed to deliver due to reasons directly attributable to Vyome, by a date which is later than 8 weeks after the agreed delivery date;
(c) In the event of a failure or delay of supply by Vyome beyond 12 weeks after the agreed delivery date due to reasons directly attributable to Vyome, the Parties will decide the steps to be taken in this regard.
Without prejudice to any other rights and remedies available with Sun under this Agreement or law, Vyome shall compensate Sun by granting Sun a reduction in the amount payable to Vyome by Sun for the delivery in question as follows:
(a) 2% reduction in the amount payable, where Vyome has failed to deliver due to reasons directly attributable to Vyome, by a date which is later than 4 weeks after the agreed delivery date;
(b) 4% reduction in the amount payable, where Vyome has failed to deliver due to reasons directly attributable to Vyome, by a date which is later than 8 weeks after the agreed delivery date;
(c) In the event of a failure or delay of supply by Vyome beyond 12 weeks after the agreed delivery date due to reasons directly attributable to Vyome, the Parties will decide the steps to be taken in this regard. Provided, however, that Sun shall not be entitled to the compensation stated above in the event if (i) the delivery of Products is delayed due to quality disputes as mentioned in Clause 4.12 and 4.13 below or (ii) Vyome has informed Sun of the Products being ready for delivery but Sun has failed to take delivery.
