Without prejudice to Condition. 7.3.1 above Guru Technology shall be entitled to levy (and receive from the Client) Additional Charges in the manner described in condition 7.3.3 below if:
a) Maintenance Services are provided in circumstances where any reasonably skilled and competent person would have judged the Client's request to have been unnecessary; and/or
b) the Client reports an apparent fault of the Equipment and/or Leased Equipment to Guru Technology and upon investigation by Guru Technology the Equipment and/or Leased Equipment and/or its Installation is found not to be defective (in respect of a charge for the investigation and/or for any call-out including Equipment and/or Leased Equipment changed in a postal exchange where Guru Technology reserves the right to make a charge up to the replacement value of the item in question); and/or
c) where a fault that has been reported to Guru Technology has been a non-Equipment fault but instead one of the Carrier (in respect of a charge for the call-out in accordance with Guru Technology's then current Tariff).
Without prejudice to Condition. 11.2.1, the Supplier will use its reasonable endeavours to ensure that staff are appropriately experienced, qualified and trained to perform the Services and comply with the Supplier’s obligations under this Contract.
Without prejudice to Condition. 14.2.1 and notwithstanding special condition 23 of National Grid GT’s Licence which stipulates time shall be of the essence, where any provision of this Agreement (including any obligations in respect of any Standard) provides for any amount to be payable by a Party upon or in respect of that Party’s breach of any provision of this Agreement, each Party agrees and acknowledges that such provisions have been the subject of discussion and negotiation and that the remedy conferred by such provision is the exclusive remedy for, and is in substitution for any remedy in damages in respect of, such breach or the event or circumstance giving rise thereto. National Grid’s liability in respect of any obligation in respect of any Standard and any failure to meet any Standard or otherwise comply with any Standards will be only to pay the Customer the appropriate sums in accordance with Schedule Two and National Grid will have no other liability in respect thereof.
Without prejudice to Condition. 16.1, Seller and the Buyer agree that Seller shall have the uncondiotional right to elect to submit any dispute or difference arising out of or in connection with the agreement including any question regarding its existence, validity or termination and any tortious claims made by or against Seller to arbitration in London by a sole arbitrator in accordance with the Rules of Arbitration for the time being in force of the London Court of International Arbitration (LCIA), which Rules are deemed to be incorporated by reference to this Condition 16.2.
Without prejudice to Condition. 13.1.1, any substitution under Condition 13.1 shall operate to release the Company or any previous Substituted Company as principal debtor from any or all of its obligations under the Instrument and the Notes. A11258700/3.0/23 Dec 2009
Without prejudice to Condition. 5.4, in the event of the occurrence of a Programme Default and for so long as that Programme Default subsists (or another Programme Default has occurred and is continuing) or a Programme Change Notice has been issued but not yet agreed by the parties, the Agency shall be entitled to reject the submission of any Firm Scheme on IMS.
Without prejudice to Condition. 4.3, the Service Provider will provide an adequate number of Staff who are appropriately experienced, qualified and trained to perform the Services and comply with the Service Provider’s obligations under the Purchasing Terms.
Without prejudice to Condition. 22.1, the Service Provider shall indemnify and keep indemnified the Council from and against any and all claims, demands, proceedings, actions, damages, costs, expenses, loss and liability, save where the same are caused by the Council:
22.2.1. arising from any Agency Worker having at any time claimed or being held or deemed to have been an employee of the Council or been otherwise engaged directly by the Council including any claim for wrongful or unfair dismissal or redundancy payment; and
22.2.2. for any National Insurance contributions, income tax or other taxation obligations arising or made in connection with payments made by the Council in respect of any Agency Worker while provided as such by the Service Provider to the Council.
Without prejudice to Condition. 9.5.13 where a Recovery Event occurs or is planned by a Relevant Consortium Member that is a LA Provider or New RP to occur the Relevant Consortium Member must notify the GLA in writing as soon as reasonably practicable of:
15.12.1 the nature of the Recovery Event;
15.12.2 the:
(a) amount of Firm Scheme Grant allocated to the Relevant Firm Scheme in accordance with Part 2B of Schedule 8; and
(b) the amount of Firm Scheme Grant allocated to the Affected Affordable Dwellings in accordance with Part 2B of Schedule 8 where the
(c) Recoverable Amount; and
15.12.3 whether it is seeking the GLA's permission to convert the Recoverable Amount into Reapplied Grant for the purposes of the delivery of further Affordable Dwellings.
Without prejudice to Condition. 1.1 Merchants shall not be liable to the Client for any indirect, consequential or special loss arising out of or in connection with this Agreement. In particular, and without limitation to the aforegoing, Merchants will not be liable for any loss to the Client of business, revenue, profits, anticipated savings, goodwill or reputation.
