Clauses 22 Clause Samples

Clauses 22. 9.1 and 22.9.2 do not apply to any Encumbrance or (as the case may be) Quasi-Security, which is a Permitted Encumbrance.
Clauses 22. 4.1 and 22.4.2 do not apply to the following Security (each a Permitted Encumbrance): (a) any Security given or purported to be given as Transaction Security; (b) any Security referred to in paragraph 6 of Schedule 10 (Disclosure Schedule) given as at the Signature Date; (c) any lien arising by operation of law and in the ordinary course of trading, and not as a result of any default or omission by any member of the Group; (d) any netting or set-off arrangement entered into by any member of the Group with an Approved Bank in the ordinary course of its banking arrangements for the purpose of netting debit and credit balances, but only if the arrangement does not permit credit balances of Obligors to be netted with debit balances of members of the Group which are not Obligors; (e) any netting of payments under a Permitted Treasury Transaction (including netting on a close-out of a Permitted Treasury Transaction); (f) any Security over or affecting any asset acquired by a member of the Group after the Signature Date if: (i) the Security was not created in contemplation of the acquisition of that asset by a member of the Group; (ii) the principal amount secured has not been increased in contemplation of or since the acquisition of that asset by a member of the Group; and (iii) the Security is removed or discharged within 3 months of the date of acquisition of such asset; (g) any Security over or affecting any asset of any company which becomes a member of the Group after the Signature Date where the Security is created prior to the date on which that company becomes a member of the Group, if: (i) the Security was not created in contemplation of the acquisition of that company; (ii) the principal amount secured has not been increased in contemplation of or since the acquisition of that company; and (iii) the Security is removed or discharged within 3 months of the date of that company becoming a member of the Group; (h) any Security arising under: (i) a finance or capital lease; or (ii) any retention of title, hire purchase or conditional sale arrangement; or (iii) arrangements having a similar effect in respect of goods supplied to a member of the Group in the ordinary course of trading and on the supplier's standard or usual terms and not as a result of any default or omission by any member of the Group; (i) any Security over any rental deposits in respect of immovable property where the relevant lease was entered into in the ordinary course of business and o...
Clauses 22. 9.1 and 22.9.2 do not apply to any Encumbrance, which is a Permitted Encumbrance.
Clauses 22. 2.1 and 22.2.2 will override any appropriation made by an Obligor.
Clauses 22. 7.1 and 22.7.2 shall not apply to any winding-up petition which is frivolous or vexatious and is discharged, stayed, or dismissed within 14 days of commencement.
Clauses 22. 1.3 and 22.1.4 shall not apply (but Clause 22.1.5 shall still apply) to: 22.1.6.1. any disclosure of information by a Party to its employees that is reasonably required for the performance of its obligations under this Contract or to members of the Council in their capacity as such; 22.1.6.2. any matter which is already in the public domain otherwise than as a result of a breach of clauses 22.1.3 to 22.1.5 (inclusive); 22.1.6.3. any disclosure to a mediator, expert or arbitrator to enable a determination to be made by such mediator, expert or arbitrator under the Dispute Resolution procedure; 22.1.6.4. any disclosure which is required by any Law (including any order of a court of competent jurisdiction) including the FOIA and the EIRs or the rules of any stock exchange or governmental or regulatory body to which a Party is subject; 22.1.6.5. any disclosure of information which is already lawfully in the possession of the receiving Party, prior to its disclosure by the disclosing Party and which was not received by the receiving Party subject to a duty of confidentiality; 22.1.6.6. any provision of information to professional advisers or insurance advisers but only to the extent reasonably necessary to enable advice to be given; 22.1.6.7. any disclosure by the Council of information relating to the Services and such other information as may be reasonably required for the purpose of conducting a due diligence exercise to any proposed new contractor, its advisers and lenders, should the Council decide to retender this Contract or any part of it. 22.1.6.8. any disclosure for the purpose of: (a) the examination and certification of the Council’s or the Contractor’s accounts (whether by external or internal audits); or (b) any examination pursuant to the Audit Commission Act 1998 relating to the economy, efficiency and effectiveness with which the Council has used its resources; or 22.1.6.9. any disclosure of information by the Council to any department, office or agency of the Government, provided that if a Party wishes to disclose information (other than in the circumstances set out in clauses 22.1.6.1- 22.1.6.3, 22.1.6.8 or 22.1.6.9) it shall, if reasonably possible, discuss with the other Parties the extent of such disclosure prior to such disclosure taking place.

Related to Clauses 22

  • Clauses 3 4.6 through 3.4.10 of this article shall be applicable only to teachers whose date of hire is on or after the effective date of this agreement.

  • Clauses In this Agreement any reference to a “Clause” or a “Schedule” is, unless the context otherwise requires, a reference to a Clause or a Schedule to this Agreement.

  • Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are Subrecipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD’s regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. F. Noncompliance with HUD’s regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

  • Priority of agreements, clauses and schedules i This Agreement, and all other agreements and documents forming part of or referred to in this agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order: (a) this Agreement; and (b) The Bid/Tender Document along with all the corrigendum issued. (c) all other agreements and documents forming part hereof or referred to herein;

  • Clauses and Schedules Any reference in this Agreement to a Clause or a sub-clause or a Schedule is, unless otherwise stated, to a clause or a sub-clause hereof or a schedule hereto.