Notwithstanding Section IV Clause Samples
The "Notwithstanding Section IV" clause serves to establish that the provisions it introduces will take precedence over any conflicting terms found in Section IV of the agreement. In practice, this means that if there is any inconsistency between the new clause and Section IV, the terms of the new clause will override those of Section IV. This approach is commonly used to carve out exceptions or to clarify that certain obligations or rights apply even if Section IV states otherwise. The core function of this clause is to ensure that specific provisions are not undermined by the general rules or requirements set out in Section IV, thereby providing certainty and avoiding potential conflicts within the contract.
Notwithstanding Section IV. F.1.b, for each Payment Year other than Payment Years 1 and 2, a Settling State that is not eligible for Incentive Payment A as of the Incentive Payment Final Eligibility Date shall not be eligible for Incentive Payment A for that Payment Year or any subsequent Payment Years.
Notwithstanding Section IV. F.4, a Settling State can become re- eligible for Incentive Payment D if the lawsuit that survived a Threshold Motion is dismissed pursuant to a later motion on grounds included in the Threshold Motion, in which case the Settling State shall be eligible for Incentive Payment D less any litigation fees and costs incurred by Settling Distributor in the interim, except that if the dismissal motion occurs after the completion of opening statements in such action, the Settling State shall not be eligible for Incentive Payment D.
Notwithstanding Section IV. F.4, a Settling State can become re- eligible for Incentive Payment D if the lawsuit that survived a Threshold Motion is dismissed pursuant to a later motion on grounds included in the Threshold Motion, in which case the Settling State shall be eligible for Incentive Payment D less any litigation fees and costs incurred by Settling Distributor in the interim, except that if the dismissal motion occurs after the completion of opening statements in such action, the Settling State shall not be eligible for Incentive Payment D. Distributors will pay in D 3D\PHQW <HDU DQG ,HifDanFy, Kof 6HWWO
Notwithstanding Section IV. C.1 directly above, Allergan may engage in other conduct, including but not limited to the following:
a. Maintain a corporate website that includes Opioid Products on company’s list of products that contains principally the following content: the FDA-approved package insert, medication guide, and labeling;
b. Maintain a product website for any Opioid Product that contains principally the following content: the FDA-approved package insert, medication guide, and labeling, and a statement directing patients or caregivers to speak with a licensed Health Care Provider;
c. Provide factual information about Opioid Products sold by Allergan prior to 2021 which may still be circulating in the marketplace outside the possession and control of Allergan (including but not limited to an Opioid Product’s NDC, SKU, or other relevant information such as formulation, package size, dosage, or pricing);
d. Provide or collect information or support the provision or collection of information as expressly required by law or any state or federal government agency with jurisdiction in New York (including but not limited to collecting and/or reporting adverse events related to Opioid Products);
e. Provide the following by mail, electronic mail, on or through Allergan’s corporate or product websites, or through other electronic or digital methods: FDA-approved package insert, medication guide, and labeling for Opioid Products, or other prescribing information for Opioid Products that are published or approved by a state or federal government agency with jurisdiction in New York;
f. Provide scientific and/or medical information to a Health Care Provider consistent with FDA standards, rules, regulations, and/or guidance, including, but not limited to, Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices (Dec. 2011) as updated or amended by the FDA, and Guidance for Industry, Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices (Jan. 2009) as updated or amended by the FDA;
g. Provide a response to any unsolicited question or request from a patient or caregiver, directing the patient or caregiver to the FDA- approved package insert, medication guide, and labeling for Opioid Products, to speak with a licensed Health Care Provider without describing the safety or effectiveness of any Opioi...
Notwithstanding Section IV. P.(1) above, Contractor hereby irrevocably transfers, conveys and assigns to the City and its successors, licensees, and assigns, its entire right, title, interest and full ownership worldwide in and to any work, work product, invention, creation, data, discovery, reports, Documents, and the copyrights, patents, trademarks, trade secrets, service marks, moral rights, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known, and any other proprietary rights therein (collectively “Proprietary Rights”) that Contractor, its agents, employees, contractors, and subcontractors (collectively “Authors”) develop, write, create, invent, discover, compile, or produce under this Agreement or an OSR (collectively “Works”).