Without prejudice to Clause 2. 2, if a Total Loss Event occurs and any insurance proceeds are paid to the Offshore Security Trustee (as loss payee) but are not made available to ASM to repair or reinstate the ASM Plant in accordance with the Reinstatement Plan and Clause 4.4(b) of the Common Terms Agreement where ASM has elected to repair or reinstate the ASM Plant as contemplated by paragraph (a)(i), this Agreement shall immediately terminate.
Without prejudice to Clause 2. 5 and subject to Clause 2.8 of this Agreement, in the event that the cost of purchase and installation of a support system (such as a charging station) the description of which has been described in the description of the Subsidized Product in Schedule 2 to this Agreement and the Recipient is required to pay by interim payments for the cost of purchase and installation of such support system which is purchased with the provision of the Subsidy in accordance with this Agreement, the Government shall reimburse the Recipient an amount which is equal to the amount that has been paid by the Recipient for settlement of an interim payment multiplied by the Subsidized percentage upon receipt and verification of documents which are submitted by the Recipient to prove that the Recipient has settled the interim payment PROVIDED ALWAYS THAT the total amount of reimbursement paid by the Government (including that of interim payments) to the Recipient for all units of Subsidized Products which are purchased with the provision of the Subsidy in accordance with this Agreement (including that unit of Subsidized Product) shall not exceed the Approved Subsidy for the Recipient.
Without prejudice to Clause 2. 1 or 20.2 the Board may at any time require the Executive to cease performing and exercising all or the Duties and/or the Board may appoint any person or persons to act jointly with the Executive to discharge the Duties. 23 March 2021
Without prejudice to Clause 2. 1(a), and Clause 20, the Parties agree that neither Party shall terminate this Agreement unless the Charter Agreement is terminated by either party thereto in accordance with its terms.
Without prejudice to Clause 2. 1, but taking into account any payments made thereunder, each Guarantor agrees, as a primary obligation, to indemnify the Bank in full on demand from and against all losses, costs and expenses incurred or suffered by the Bank as a result of or in connection with any failure or breach by the failing Obligor or Obligors to fully discharge or pay any of the Obligations as and when the same shall respectively become (or, but for any invalidity, illegality, voidability, unenforceability or ineffectiveness, would have become) due for payment or discharge.
Without prejudice to Clause 2. 1, the Agreement may be terminated by the chairman of the Supervisory Board on behalf of the Company or by the Executive during its term with due observance of a notice period of three months for the Executive and six months for the Company. If it is the Executive’s intention to terminate the Agreement, the Executive shall inform the chairman of the Supervisory Board in good time before giving notice of termination.
Without prejudice to Clause 2. 1, the Company shall, promptly on receipt of a written request from the Director, lend such funds to the Director as are required by the Director to meet reasonable costs and expenses incurred or to be incurred by him:
(A) in defending any criminal or civil proceeding brought against him in his capacity as a director or employee of the Company, of any Associated Company or of any Affiliate; or
(B) in connection with any application brought by him under:
(i) section 144(3) or (4) of the Act; or
(ii) section 727 of the Act. Any written request made by the Director pursuant to this Clause 2.4 shall be accompanied by reasonable documentary evidence of the amount and nature of the costs and expenses incurred or to be incurred. The costs and expenses capable of being funded pursuant to this Clause 2.4 are those referred to in Clause 2.3 and funds shall be advanced without regard to the ability of the Director to repay the loan and without regard to whether the loan will ultimately be required to be repaid pursuant to Clause 2.6(A).
Without prejudice to Clause 2. 2.4 of this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, except that any member of the RBSG Group that is entitled to the benefit of the indemnity in Clause 5 of this Agreement shall be entitled to enforce that clause against the Licensee.
Without prejudice to Clause 2. 7.1 (New third-party contracts) above, the Current Operator may freely enter into any new third-party contract during the Transition Period (by way of public procurement or otherwise) until the aggregate value of the new third-party contracts entered into during the period from the Final Disclosure Date until Concession Commencement Date reaches EUR 1,000,000 (in words: one million Euros). The Grantor shall procure that the Current Operator seeks the consent of the Concessionaire with respect to any new third-party contract whose value, in aggregate with the value of any other third-party contracts already entered into during the period from Final Disclosure Date until Concession Commencement Date, exceeds EUR 1,000,000 (in words: one million Euros), such consent not to be unreasonably withheld; provided that if the Concessionaire fails to provide its consent within ten (10) days, the relevant third-party contract shall be deemed to be approved by the Concessionaire. For the purpose of this Clause, the value of a third-party contract shall be understood as the consideration that the Concessionaire would pay, or the costs it would assume, for the performance of such third-party contract from Concession Commencement Date until Expiry Date.
Without prejudice to Clause 2. 2.2 to permit the College at all times to enter the Accommodation for the purpose of viewing, inspection, maintenance or repair, and for routine cleaning and in emergency.
