Other than Sample Clauses
The "Other than" clause serves to exclude specific items, actions, or circumstances from the general scope of a contractual provision. In practice, this clause is used to carve out exceptions; for example, a party may be required to perform certain duties, other than those explicitly listed as exceptions. By clearly delineating what is not covered, the clause ensures that both parties understand the boundaries of their obligations, thereby preventing misunderstandings and disputes over what is included or excluded from the agreement.
Other than naming you as a Trust shareholder, we shall not give any information or make any representations or statements on behalf of you or concerning you, the Accounts or the Contracts other than information or representations contained in and accurately derived from Disclosure Documents (as such Disclosure Documents may be amended or supplemented from time to time), or in materials approved by you for distribution, including Sales Literature/ Promotional Material, except as required by legal process or regulatory authorities or with your written permission.
Other than. (i) the shares reserved for issuance under the Company's stock option plans; and (ii) shares which may be granted pursuant to this Agreement and the Related Agreements, there are no outstanding options, warrants, rights (including conversion or preemptive rights and rights of first refusal), proxy or stockholder agreements, or arrangements or agreements of any kind for the purchase or acquisition from the Company of any of its securities. Neither the offer, issuance or sale of any of the Note or the Option, or the issuance of any of the Note Shares or Option Shares, nor the consummation of any transaction contemplated hereby will result in a change in the price or number of any securities of the Company outstanding, under anti-dilution or other similar provisions contained in or affecting any such securities.
Other than a collateral assignment for security, neither this Agreement, nor any right, obligation or claim arising out of or in connection with this Agreement will be assigned to an unrelated or unaffiliated entity by either party or by operation of law without prior written consent of the other party.
Other than. ANG" or "NANG" , the Government shall have the option to take its entitlement to Profit Petroleum either in cash or in kind in any Year. In case of "ANG" or "NANG", as the case may be, the Government shall have the option to take its entitlement to Profit Petroleum in cash or in kind and such option shall be exercised at interval of every five (5) Years from the commencement of first Commercial Production from the Contract Area.
Other than. (a) claims for breach of the representations and warranties in (i) Sections 5.1(a), (b), and (c) of this Agreement, (ii) Section 8.2(a) of the Transition Services and Supply Agreement, and (iii) Sections 5.1 and 5.2(a), (b) and (c) of the Acquisition Option Agreement (collectively, “Fundamental Representations”),
(b) claims for indemnification arising under Sections 8.2(b), (c), (d) and (e) of this Agreement,
(c) claims for breach of Section 2.3.1 of this Agreement,
(d) VidaMed Claims as described in the Acquisition Option Agreement, and
(e) claims for breach of Section 9.1 of the Acquisition Option Agreement, Medtronic’s aggregate total liability under this Agreement and the Related Agreements, including for indemnification or for direct damages, is subject to a cap equal to 50% of all payments actually received by Medtronic under this Agreement and the Related Agreements (“Aggregate Cap”); provided, however, that in the event the Aggregate Cap is insufficient to cover Urologix’s claims under (c) above for breaches of the Restrictive Covenant of Section 2.3.1, Urologix may recover additional amounts on account of such claims, up to a maximum amount of $10,000,000, less any amounts applied to the Aggregate Cap. For illustration, if the Aggregate Cap is $250,000, and Urologix has a claim of $500,000 for a breach of a Fundamental Representation (“Breach A”), a separate claim for $500,000 for breach unrelated to Breach A and unrelated to Section 2.3.1 (“Breach B”), and also holds a claim of $10,000,000 for breach of Section 2.3.1, Urologix will be entitled to recover $500,000 on account of Breach A, $0 for Breach B, and $9,500,000 on account of the breach of Section 2.3.1;
Other than. (1) cash calls under an approved Program and Budget which are not Additional Contributions (as those terms are defined in the MDOA);
(2) expenditures which the Borrower makes as the manager of the Project on behalf of the other participant pursuant to the MDOA;
(3) its share of Budget overruns of less than ten percent, as described in section 9.8 of the MDOA; and
(4) emergency expenditures made in accordance with section 9.9 of the MDOA, where under the terms of the MDOA the agreement of the Borrower (in its capacity as a participant in the Project, and not the manager of the Project) is required for any Project expenditure not contemplated by the Project Plan, the Borrower will give notice to the Agent of such expenditure. The Borrower will not agree to the relevant expenditure being incurred without the consent of the Agent, but the Agent will not withhold its consent if it is satisfied (acting reasonably) that the incurring of the relevant expenditure will not result in:
Other than. (a) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Tahltan Nation, which covers a portion of the KSM Project;
(b) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Tsetsaut Skii km Lax Ha, which covers all of the KSM Project;
(c) rights of the Nisga’a Nation relating to the Nass Area under the Nisga’a Final Agreement, which covers a portion of the KSM Project;
(d) general assertions of claims to aboriginal rights and title in respect of the traditional territories of the Yellowknives Dene First Nation, which covers all of the Courageous Lake Project; and
(e) rights of the Tlicho Nation relating to shared use areas under the Tlicho Land Claims and Self-Government Agreement, which covers a portion of the Courageous Lake Project. there are no claims with respect to indigenous persons’ rights currently pending or, to the knowledge of the Corporation, threatened with respect to any of the Property Rights.
Other than a Tax Claim for any liability arising under paragraphs 1.5, 1.6 or 1.7 of part 3 of schedule 4, no amount shall be payable by the Warrantors in respect of any Tax Claim unless and until the aggregate cumulative liability of the Warrantors in respect of all such Tax Claims exceeds L250,000 in which case the Warrantors shall be liable for the whole amount and not just the excess.
Other than. (i) the approvals of BSP and the Governmental Authorities in respect of the Reorganization; (ii) the filing of the Certificate of Merger; and (iii) those Consents set forth in Schedule 5.3(b) of the SDL, assuming the accuracy of the representations and warranties set forth in Section 4.5, no Consent of any Governmental Authorities is required to be obtained by SPAC in connection with the execution, delivery and performance of this Agreement, the other Transaction Documents or the consummation of the Transactions, except where the failure to obtain such Consents would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on the ability of SPAC to perform or comply with on a timely basis any of their respective material obligations under this Agreement or to consummate the Transactions.
Other than. For Cause". Employee and the Company agree that Employee's employment hereunder is on an at-will basis. Accordingly, in addition to the Company's right, described above, to terminate the Employment Period "for Cause", Employee or the Company may terminate the Employment Period at any time for any reason whatsoever, and without being required to specify a reason for the termination to the other. For such terminations, both Employee and the Company do agree, however, to give the other thirty (30) calendar days' advance notice of such termination. If such notice is given by either party to the other, the Company will have the option of terminating Employee's services at any time prior to the date of termination of the Employment Period set forth in such 30 day notice. In the event the Employment Period is terminated pursuant to this Section 6(b), Employee will be paid Base Salary through the date of termination of the Employment Period.