Common use of Without prejudice to Clause 5 Clause in Contracts

Without prejudice to Clause 5. 1, a party may suspend performance under any Agreement (in whole or in respect of a page of a Site, a Site or Sites) and/or terminate any Agreement (in whole) or remove a page of a Site, a Site or Sites from any Agreement with immediate effect, if the other party: (a) is in material breach of the Agreement where the breach is incapable of remedy; (b) is in material breach of the Agreement where the breach is capable of remedy and fails to remedy that breach within [* * *] days after receiving written notice of such breach; or (c) is in material breach of the Agreement more than [* * *] even if the previous breaches were remedied, provided (in each case) that any such suspension or removal of a page(s) or Site(s) may only take effect in relation to the page(s) or Site(s) on (or in respect of which) the relevant breach has occurred.

Without prejudice to Clause 5. 1, a party may suspend performance under any Agreement (in whole or in respect of a page of a Site, a Site or Sites) and/or terminate any Agreement (in whole) or remove a page of a Site, a Site or Sites from any Agreement with immediate effect, if the other party: (a) is in material breach of the Agreement where the breach is incapable of remedy; (b) is in material breach of the Agreement where the breach is capable of remedy and fails to remedy that breach within [* * ***] days after receiving written notice of such breach; or (c) is in material breach of the Agreement more than [* * ***] even if the previous breaches were remedied, provided (in each case) that any such suspension or removal of a page(s) or Site(s) may only take effect in relation to the page(s) or Site(s) on (or in respect of which) the relevant breach has occurred.