Without prejudice to the provisions of Clause. 26.1 and Clause 26.2, the Concessionaire agrees to pay to the Authority an amount of Rupees [***] to be calculated at the rate of 2% (two per cent) of the prevailing circle rates as on the [30] (thirty) days prior to the Effective Date, as consideration for the Commercial Complex (“Annual Concession Fee”). xxx.xxxxxx.xxx Downloaded
Without prejudice to the provisions of Clause. 6.1, if any Lender or the Agent or the Trustee on the Lender’s behalf is required to make any payment on account of Tax (not being a tax imposed on the net income of its Office by the jurisdiction in which it is incorporated or in which its Office is located or any other tax existing and applicable on the date of this Deed under the laws of any jurisdiction) on or in relation to any sum received or receivable hereunder by such Lender or the Agent or the Trustee on the Lender’s behalf (including, without limitation, any sum received or receivable under this Clause 6) or any liability in respect of any such payment is asserted, imposed, levied or assessed against such Lender or the Agent or the Trustee on the Lender’s behalf, the Guarantor shall, upon demand of the Agent, indemnify such Lender or the Agent or the Trustee against such payment or liability, together with any interest, penalties and expenses payable or incurred in connection therewith, other than interest, penalties, and expenses:
Without prejudice to the provisions of Clause. 9(A), the Trustee may determine from time to time whether or not it will enforce this guarantee which it may do without making any demand of or taking any proceedings against the Relevant Issuer and may from time to time make any arrangement or compromise with the Relevant Guarantor in relation to this guarantee which the Trustee may consider expedient in the interests of the relative Noteholders, Receiptholders or Couponholders.
Without prejudice to the provisions of Clause. 47.1 SHP shall upon the occurrence of a civil emergency and at the request of the Council use its best endeavours to provide the following services under the control and direction of the Council’s Emergency Officer or his designated representative:-
Without prejudice to the provisions of Clause. 6.1, if any Lender or the Agent or the Trustee on the Lender’s behalf is required to make any payment on account of Tax (not being a tax imposed on the net income of its Office by the jurisdiction in which it is incorporated or in which its Office is located or any other tax existing and applicable on the date of this Deed under the laws of any jurisdiction) on or in relation to any sum received or receivable hereunder by such Lender or the Agent or the Trustee on the Lender’s behalf (including, without limitation, any sum received or receivable under this Clause 6) or any liability in respect of any such payment is asserted, imposed, levied or assessed against such Lender or the Agent or the Trustee on the Lender’s behalf, the Guarantor shall, upon demand of the Agent, indemnify such Lender or the Agent or the Trustee against such payment or liability, together with any interest, penalties and expenses payable or incurred in connection therewith, other than interest, penalties, and expenses:
6.2.1 that accrue during any periods of time beginning on the thirty first (31st) day (or such longer period as any Lender may reasonably require) following the day on which the Lender or the Agent or the Trustee, as applicable, has actual knowledge of the imposition or assertion of such Taxes or other Taxes; or
6.2.2 that are otherwise imposed or asserted on account of the bad faith or wilful neglect of such Lender or the Agent or the Trustee. If any Lender proposes to make a claim under the provisions of this Clause 6.2 it shall certify to the Guarantor in reasonable detail within thirty (30) days (or such longer period as any Lender may reasonably require) after becoming aware of the event by reason of which it is entitled to make its claim or claims the basis of its claim or claims, such certificate to be conclusive, save for manifest error. Without affecting the Guarantor’s obligations under Clause 6.1 and in consultation with the Agent, the affected Lender will then take all such reasonable steps as may be open to it to mitigate the effect of the event (for example (if then possible) by changing its Office or transferring some or all of its rights and obligations under the Loan Agreement to another financial institution reasonably acceptable to the Borrower, the Guarantor, the Hermes Agent and the Agent). The reasonable costs of mitigating the effect of any such change shall be borne by the Guarantor save where such costs are of an internal administrative nature...
Without prejudice to the provisions of Clause. [43.2], the SERVICE PROVIDER shall, both before and after the expiry or termination of this Contract, take all reasonable steps to ensure:
43.3.1 that no such person as is mentioned in Clauses [43.2.1], [43.2.2] or [43.2.3] hereof shall have access to any item or document under the control of the SERVICE PROVIDER containing information about a secret matter except with the prior consent in writing of the CUSTOMER;
43.3.2 that no visitor to any premises in which there is any item to be supplied under this Contract or where Ordered IT Solutions are being provided shall see or discuss with the SERVICE PROVIDER or any person employed by him any secret matter unless the visitor is authorised in writing by the CUSTOMER so to do;
43.3.3 that no photograph of any item to be supplied under this Contract or any portions of the Ordered IT Solutions shall be taken except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, and that no such photograph shall, without such consent, be published or otherwise circulated;
43.3.4 that all information about any secret matter and every document model or other item which contains or may reveal any such information is at all times strictly safeguarded, and that, except insofar as may be necessary for the proper performance of this Contract or with the prior consent in writing of the CUSTOMER, no copies of or extracts from any such document, model or item shall be made or used and no designation of description which may reveal information about the nature or contents of any such document, model or item shall be placed thereon; and
43.3.5 that if the CUSTOMER gives notice in writing to the SERVICE PROVIDER at any time requiring the delivery to the CUSTOMER of any such document, model or item as is mentioned in Clause [43.3.4], that document, model or item (including all copies of or extracts therefrom) shall forthwith be delivered to the CUSTOMER who shall be deemed to be the owner thereof and accordingly entitled to retain the same.
Without prejudice to the provisions of Clause. 28.8(a), the Majority Banks may require the Agents to retire from their respective appointments under this Agreement at any time without assigning any reason therefor by giving not less than thirty days' prior written notice to that effect to the Facility Agent, provided that no such retirement shall become effective until a successor for the Agents is appointed pursuant to this Clause 28.8.
Without prejudice to the provisions of Clause. 20.1, the Parties shall each,within 30 days of the Signing Date appoint a representative and notify theother Party in writing of the identity of such appointee. Such representativeshall, together with the representative of the other Party, be responsiblefor overseeing the day-to-day practical implementation of this Agreementincluding, without limitation, the following matters:20.2.1.1 numbering;20.
Without prejudice to the provisions of Clause. 3.2.2, in the event any sub-contract referred to in Clause 3.2.2 relates to a sub-contractor who has, over the preceding 3 (three) financial years and the current financial year, not undertaken at least one work of a similar nature with a contract value exceeding 40% (forty per cent) of the value of the sub-contract to be awarded hereunder and received payments in respect thereof for an amount equal to at least 80% (eighty per cent) of such contract, the Authority may, no later than 15 (fifteen) business days from the date of receiving the communication from the Contractor, require the Contractor not to proceed with such sub-contract, and the Contractor shall comply therewith.
Without prejudice to the provisions of Clause. 8.3.1 above, where any discharge (whether in respect of the obligations of CSM or any security for those obligations or otherwise) is made in whole or in part or any arrangement is made on the faith of any payment, security or other disposition which is avoided or must be repaid on bankruptcy, insolvency or winding-up or otherwise without limitation, the liability of CSM under this Agreement shall, unless the Security Trustee and the Secured Parties agree otherwise, continue as if the discharge or arrangement, as the case may be, had not occurred.