Without prejudice to paragraph Clause Samples
The "Without prejudice to paragraph" clause serves to clarify that the rights or obligations set out in a referenced paragraph are not affected or limited by the terms of the current clause. In practice, this means that even as new provisions are introduced or specific actions are taken under the current clause, the stipulations of the referenced paragraph remain fully in force and enforceable. This clause is commonly used to ensure that important rights or protections are preserved, preventing unintended conflicts or overrides between different sections of an agreement.
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Without prejudice to paragraph. (1), but subject to paragraph (6), and regulations 8 and 15(9), ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
(a) all the transferor’s rights, powers, duties and liabilities under or in connection with any such contract shall be transferred by ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ; ■ ■ ■ ■
(b) any act or omission before the transfer is completed, of or in relation to the transferor in respect of that contract or a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .
Without prejudice to paragraph. 8.2.1, where any provision of the Code or any Ancillary Agreement provides for any amount to be payable by a Party upon or in respect of that Party's breach of any provision of the Code, a Framework Agreement or any Ancillary Agreement, each Party agrees and acknowledges that the remedy conferred by such provision is exclusive of and is in substitution for any remedy in damages in respect of such breach or the event or circumstance giving rise thereto.
Without prejudice to paragraph. 3.1.1, the Customer shall be entitled to serve a notice of improvement (“Improvement Notice”) on the Supplier and the Supplier shall implement such requirements for improvement as set out in the Improvement Notice;
Without prejudice to paragraph. 3.2 of this Part B Joint Controller Agreement (Optional) of Annex 1 – Processing Personal Data, each Party shall notify the other Party promptly and without undue delay, and in any event within 48 hours, upon becoming aware of any Data Loss Event or circumstances that are likely to give rise to a Data Loss Event, providing the other Party and its advisors with:
3.1.1 sufficient information and in a timescale which allows the other Party to meet any obligations to report a Data Loss Event under the Data Protection Legislation;
3.1.2 all reasonable assistance, including:
3.1.2.1 co-operation with the other Party and the Information Commissioner investigating the Data Loss Event and its cause, containing and recovering the compromised Personal Data and compliance with the applicable guidance;
3.1.2.2 co-operation with the other Party including using such best endeavours as are directed by the Buyer to assist in the investigation, mitigation and remediation of a Data Loss Event;
3.1.2.3 co-ordination with the other Party regarding the management of public relations and public statements relating to the Data Loss Event; and/or
3.1.2.4 providing the other Party and to the extent instructed by the other Party to do so, and/or the Information Commissioner investigating the Data Loss Event, with complete information relating to the Data Loss Event, including the information set out in Paragraph 3.2 of this Part B Joint Controller Agreement (Optional) of Annex 1 – Processing Personal Data;.
Without prejudice to paragraph. (3) of this Article, the ad hoc arbitral tribunal, unless otherwise agreed upon by the parties to the dispute, is to be established under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).
Without prejudice to paragraph. 6.1 of this Appendix 1, either Party may request a meeting at any time upon reasonable notice in writing to the other to discuss any particular matter or concern arising out of or in relation to this Appendix 1, and the Parties shall use their reasonable endeavours to agree a date, time and venue for such meeting and to attend the same. For the Site Known As: xxxx more particularly delineated in the plan annexed hereto Grid Ref: The connection points for both foul and surface water discharges from the Site are set out in the attached table entitled “xxxx Discharge Rates and Connection Points” and the manhole references for the points of connection are shown in Drawings xxxx x to x annexed. Annual Discharge [Tranches of capacity to be specified in Program of Development in line with build rate ] Maximum Rate of Flow [Foul flow – xx litres per second at the discharge rates set out in the attached table entitled “xxxx Discharge Rates and Connection Points”] [Surface water flow – at the discharge rates set out in the attached table entitled “xxxx Discharge Rates and Connection Points”.] Connection Charge [ ] Construction Start Date: [ ] Annual Profile of Property Connection: [ ] Number of Years to Complete Development:[ ] (all properties connected) Name of Supplier: Northumbrian Water Limited Signed by the fully authorised representative of NWL Name Position Signature Date Name of Purchaser: xxxx Signed by the fully authorised representative of XXX Name Position Signature Date
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 […***…] as at the date of such breach.
Without prejudice to paragraph. 3 of this Article, the ad hoc arbitral tribunal referred to in Paragraph 3.(b) shall be constituted for each individual case in the following way: Each Party to the dispute shall appoint one arbitrator, and these two shall select a national of a third State which has diplomatic relations with both Contacting Parties as the Chairman. The first two arbitrators shall be appointed within two months from the date either Party to the dispute noticing the other Party the request of arbitration in written and the Chairman shall be selected within four months. If, within the period specified above, the tribunal has not been constituted, either Party to the dispute may invite the Secretary General of the International Center for Settlement of Investment Disputes to make the necessary appointments.
Without prejudice to paragraph. 10.06, this Agreement and the licenses herein granted shall be binding upon and inure to the benefit of the successors in interest of the respective parties. Neither this Agreement nor any interest hereunder shall be assignable by either party without the written consent of the other provided, however, that LICENSEE may, without the consent of LICENSOR, assign this Agreement to any AFFILIATE or to any corporation with which it may merge or consolidate or to which it may sell all or substantially all of its assets, and that LICENSOR may without obtaining the consent of LICENSEE assign this Agreement to any corporation with which it may merge or consolidate or to which it may sell all or substantially all of its assets.
Without prejudice to paragraph. 7(b) of this Schedule 2 (Settlement Distribution Plan), the maximum aggregate compensation pursuant to Paragraph 3.1 is EUR 76,200,000 (the "Add-On Cap"). If such aggregate amount is higher, then the compensation per Eligible Shareholder pursuant to Paragraph 3.1 will be adjusted downwards proportionally. If such aggregate amount is lower, then the surplus of the Compensation Add-on will be used to compensate for any shortfall of the compensation pursuant to Paragraph 2 if such compensation has been adjusted downwards proportionally pursuant to Paragraph 5.1.1 or 5.1.2 of this Schedule 2 (Settlement Distribution Plan).
5.1.4 If after application of Paragraph 5.1.1 and 5.1.2 the Holder Cap or the Buyer Cap has not been reached and if the compensation pursuant to Paragraph 3.1 has been adjusted downwards proportionally pursuant to Paragraph 5.1.3 then any surplus shall be used to compensate for any shortfall of the compensation pursuant to Paragraph 3.1 up to 100% of the compensation set out in Paragraph 3.1
5.1.5 Without prejudice to Paragraph 7(b) of this Schedule 2 (Settlement Distribution Plan), the Compensation Amount shall not exceed EUR 1,156,500,000 (the "Compensation Cap"). If the Compensation Amount is higher than the Compensation Cap, then the compensation per Fortis Share as set out in Paragraph 2 will be adjusted downwards proportionally.
5.1.6 Without prejudice to Paragraph 7(b) of this Schedule 2 (Settlement Distribution Plan), the Cost Addition Amount shall not exceed EUR 152,000,000 (the "Cost Addition Cap"). If the Cost Addition Amount is higher than the Cost Addition Cap, then the Cost Addition pursuant to Paragraph 4 will be adjusted downwards proportionally.