Subject to Clause 11 Clause Samples
The "Subject to Clause 11" provision establishes that the terms or obligations referenced are conditional upon, or governed by, the stipulations set out in Clause 11 of the agreement. In practice, this means that any rights, duties, or processes described in the current section must be interpreted in light of, or may be limited or modified by, the specific rules or exceptions detailed in Clause 11. This clause ensures that there is no conflict between different parts of the contract and clarifies the hierarchy or precedence of contractual terms, thereby preventing ambiguity and potential disputes.
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Subject to Clause 11. 2.1 of this Article, the Association agrees not to bypass the Individual or Group Grievance process by filing Policy Grievances.
Subject to Clause 11. 1, GO Power shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss of use or corruption of software, data or information; or
(g) any indirect or consequential loss.
(h) physical damage to property whether or not same was reasonably foreseeable, at the time of entry into this Agreement, as a likely result of any breach.
Subject to Clause 11 upon request, a teacher may return to duties prior to the expiration of maternity, adoption and/or parental leave of absence of fewer than thirty-seven (37) weeks in duration by providing notice in writing at least thirty (30) calendar days in advance of the return date.
Subject to Clause 11. 1 (Grant Claim Procedures), the Acceptance Date having passed and Homes England being satisfied that the Conditions Precedent have been satisfied, the Developer may apply to Homes England for the Acquisition Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Developer must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
Subject to Clause 11. 1.2, C4X shall use commercially reasonable efforts to prosecute and maintain the C4X Patents in each Major Market and each other country requested by Company, in each case in consultation with Company and at Company's cost. Company shall reimburse C4X for C4X’s reasonable out-of-pocket costs arising from such prosecution and maintenance within thirty (30) days of receiving each invoice therefor. In the event that C4X desires to prosecute and maintain Patents in any country that Company has not so requested (“Additional Country”), C4X shall notify Company of such desire and, if Company does not instruct C4X to commence prosecution in such Additional Country within thirty (30) after such notice, then C4X may prosecute and maintain C4X Patents in such Additional Country, at C4X’s cost. C4X shall provide Company with copies of all material documents relating to the Handling of the C4X Patents in a timely manner. Without limiting the foregoing, C4X shall provide to Company, for review and comment, drafts of filings relating to the C4X Patents no less than seven (7) days prior to making such filing. C4X shall (a) use best efforts to accommodate Company’s comments and suggestions in the Handling of C4X Patents (including with respect to Additional Countries) and (b) not take patent prosecution positions in any Additional Countries that would undermine or contradict positions taken in the prosecution of the C4X Patents in any Major Markets or other countries selected by Company or that would otherwise negatively impact the scope or validity of the C4X Patents in any Major Markets or other countries selected by Company.
Subject to Clause 11. 6 (Reserved Matters), a resolution of the Board shall be effective if passed by a simple majority of votes of Directors present at a duly constituted and called meeting of the Board.
Subject to Clause 11. 1
(a) The Supplier shall not be liable to the Distributor, whether in contract, tort (including negligence), by way of indemnity, for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for loss of profits; loss of sales or business; loss of Agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; or
(b) any indirect or consequential loss.
Subject to Clause 11. 1.2.1 the maternity leave shall include a period of at least six (6) weeks immediately following the actual date of delivery.
Subject to Clause 11. 4.1, the Borrower will procure that any dividends or other distributions and interest paid or payable in connection therewith received by NCL International, NCL America Holdings and/or Arrasas will be paid to the Borrower by way of dividend promptly on receipt.
Subject to Clause 11. 2.2 and except to the extent determined to have resulted from the Consultant’s negligence, misrepresentation, fraudulent behaviour or wilful misconduct, the Consultant's liability in connection with this Contract will not exceed 100% of the Contract Price.