Notwithstanding Clause 2 Sample Clauses
The "Notwithstanding Clause 2" serves to override or create an exception to the provisions set out in Clause 2 of the agreement. In practice, this means that even if Clause 2 would normally apply to a situation, the terms of the Notwithstanding Clause take precedence and dictate a different outcome. For example, if Clause 2 sets a general rule about payment terms, the Notwithstanding Clause could specify a different payment schedule for certain circumstances. This clause is used to ensure flexibility and address specific scenarios that require deviation from the general rules established earlier in the contract.
Notwithstanding Clause 2. (a) a part-time kaimahi may consent to work fulltime for a proportion of the year equal to the proportion for which they have been employed; provided that if the ASM's employment is prematurely terminated payment will be made for the necessary number of additional days to bring the workload back to the predetermined proportion of fulltime.
Notwithstanding Clause 2. 7.1, where a teacher under a contract of employment in accordance with Section 200 of The Education Act, 1995 for all the school days of the school year misses one or more days, the annual salary calculated in accordance with Clause 2.4 shall be reduced based on the following: Number of school days missed X Rate of salary in effect Number of school days in the school year The reduction shall occur no later than the end of the month following the month in which the absence occurred.
Notwithstanding Clause 2. 2.1 the term "working days" in Clause 8.3 means, for any Employee, days on which that Employee does work for the Employer on the Employer's premises.
Notwithstanding Clause 2. 5.1, The Seller will charge the Buyer for maintenance services provided by its technicians at the prevailing rates under the following circumstances:
2.5.2.1 the Equipment is damaged by the Buyer’s incorrect use, unauthorized shipment and installation;
2.5.2.2 the Equipment has been refitted by the Buyer or to be refitted per the Buyer’s request.
2.5.2.3 the exterior of the Equipment needs to be repaired.
2.5.2.4 the Equipment is damaged by natural disaster such as fire, flood, earthquake, etc.
2.5.2.5 During the warranty period, the Buyer shall not remove, dismantle or refit the Equipment without the Seller’s authorization, otherwise the Seller has right to cancel the 10 years warranty.
Notwithstanding Clause 2. 2.6, the Customer agrees and acknowledges that UOBBF may itself stipulate a different timeline and/or impose such additional or different conditions from that imposed by the relevant exchange, clearing house or Intermediary, as the case may be, in respect of such option or futures contract, and the Customer agrees and undertakes to make all the necessary payments and/or deliveries in accordance with the timelines and conditions as may be prescribed by UOBBF from time to time.
Notwithstanding Clause 2. 2, where notice is served to terminate the Director’s employment (whether by the Company or the Director) the Company may (in its sole and absolute discretion) terminate the employment at any time and with immediate effect by making the Director a payment in lieu of the notice period (or, if applicable, the remainder of the notice period) equivalent to the salary payable to the Director under Clause 5.1 (at the date of termination) and the cost to the Company of providing the Director with contractual benefits (which for the avoidance of doubt, does not include any payment in respect of bonus) for the notice period or the remainder of the notice period.
Notwithstanding Clause 2. 1.2 above, Nokia may after * and with * written notice to Coherent, delete any item from the definition of Products for the following reasons:
(1) The particular item may no longer be used by Nokia due to changes in Nokia's product; and
(2) The particular item does not meet the Specifications and/or causes serious quality problems in Nokia's products. However, Nokia will inform Coherent in writing of the defect or problem and Nokia will give Coherent reasonable time to rectify the stated problem.
Notwithstanding Clause 2. 5.1, if any of the City, the JPSA or the LOC considers that any amendments, suspensions or supplements made by the APC pursuant to Clause 2.5.1 result in adverse effects on its rights or obligations, the Party shall notify the other Parties (including the APC) thereof in writing within forty-five (45) days after the receipt of the APC’s notice regarding the amendment, suspension or supplement made by the APC pursuant to Clause 2.5.
1. The APC shall then negotiate with the City, the JPSA and the LOC to address such alleged adverse effects in a mutually satisfactory manner. If the negotiation is not settled, such amendment, suspension or supplement shall not be binding upon the City, the JPSA and the LOC.
Notwithstanding Clause 2. 2.1, it is the Seller’s aim to provide the Buyer with flexibility with regard to the definition of the specification of the Aircraft cabin, while maintaining the scheduled Delivery Month of the Aircraft. The Buyer may either (a) select its cabin items exclusively through the selection of catalogue cabin solutions and options (“Catalogue Items”) developed by the Seller in the A350XWB Family ADD applicable at the time of customization or (b) in addition thereto, select BFE Premium Class Seats (and the related BFE in-flight entertainment in-seat components) in accordance with Clause 2.4.2. ***** CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. USA – Amendment No. 5 to Amended and Restated Airbus A350 XWB Purchase Agreement EXECUTION CONFIDENTIAL AND PRIVILEGED
Notwithstanding Clause 2. 7, the Licensee shall not be prohibited, at any time after there shall have elapsed the five-year period referred to in Article 1 paragraph 2 of the aforementioned Commission Regulation in relation to the technology covered by this Agreement, from Supplying STU's, in response to unsolicited orders, in any territory within the European Community in which the Licensor has licensed such technology to other licensees.