Without limiting Clause Clause Samples

Without limiting Clause. 19.4, any Indemnitee shall be entitled to participate in, but not control, the defence of a Third Party Claim by having its views regularly solicited by the Indemnifying Party and, where proceedings are commenced, to retain counsel of its choice for such purpose; provided, however, that such retention shall be at the Indemnitee’s own expense unless, (a) the Indemnifying Party has failed to assume the defence and retain counsel in accordance with Clause 19.4.1 (in which case the Indemnified Party shall control the defence), or (b) the interests of the Indemnitee and the Indemnifying Party with respect to such Third Party Claim are sufficiently adverse to prohibit the representation by the same counsel of both Parties under Legal Requirement, ethical rules or equitable principles.

Without limiting Clause. 13.1, each Party shall comply with the restrictions set out in the Applicable Laws and Mandatory Policies (irrespective of whether the Supplier or the Customer is subject to any other jurisdiction), including but not limited to: a) The Prevention of Corruption Act 1906 & Public Bodies Corrupt Practices Act 1889, the UK Bribery Act 2010 and the United States Foreign Corrupt Practices Act 1977; and b) The Proceeds of Crime Act 1996, Criminal Assets Bureau Act 1996, Criminal Justice (Money Laundering and Terrorist Financing) Act 2010), the Criminal Justice (Terrorist Offences) Act 2005, Offences Against the State Act 1939, the UK Terrorism Act 2000 and UK Proceeds of Crime Act 2002 and the U.S. Sanctions and Embargo laws and regulations including Executive Order 13224 on Terrorist Financing, which effectively prohibit transactions with persons or entities that commit, threaten to commit or support terrorism.

Without limiting Clause. 5.8.10 hereof, if at any time trading on an exchange is suspended or halted in any underlying security, AAAFx will, in determining the closing value of a CFD, at its reasonable discretion have regard to the last traded price before the time of suspension or halt taking into account the closing value determined by the Liquidity Provider.

Without limiting Clause. 19.13.1 above, an Administrative Party need not disclose any information relating to any Obligor or any of its related entities if the disclosure might, in the opinion of that Administrative Party constitute a breach of any law or regulation or any duty of secrecy or confidentiality or be otherwise actionable at the suit of any person.

Without limiting Clause. 10.1.1 the Lessee's repair, maintenance and replacement obligation includes keeping the Building in good structural repair and condition irrespective of how or when the necessity or desirability for such repair, maintenance or replacement arose, including: 10.1.2.1 undertaking any Structural Work required to keep the Building (including roof, floor, sub-floor and exteriors) in good and substantial repair, watertight and weather tight condition; and 270792110ZR01513184 10.1.2.2 undertaking any works required to repair, renew or replace any component parts (including major component parts) of any Services.

Without limiting Clause. 28.1 and without prejudice to the continuation of this Agreement with respect to all other Shareholders who are party (or who, in accordance with Clause 19.6 have adhered) to it, this Agreement shall terminate with respect to a Shareholder if that Shareholder ceases to hold Shares in the Company (subject to Clause 19.5)

Without limiting Clause. 34.16, if any of the Sites are occupied by any other person, the Contractor shall at all times maintain an appropriate level of security, including by ensuring that no person gains access to, or enters, the relevant Site(s) unless it is a person whose name is on a register that is maintained by the Contractor for that purpose, or who is supervised by such a person.

Without limiting Clause. 23.1, the Service Provider agrees to release and indemnify, and keep indemnified, Community Services, the Minister, the State of New South Wales and all employees and other staff and agents of Community Services against any liability arising as a result of the Service Provider’s failure to pay its employees or the failure of any of its contractors or subcontractors to pay their employees, in accordance with any relevant industrial instrument, including loss resulting from any fines or penalties for failure to make such payments.

Without limiting Clause. 11.4 of Part 1 of the Agreement, the Contractor undertakes, in relation to the Hardware, that: (a) all Hardware, for the duration of the relevant Warranty Period: (i) will be free from defects or omissions in materials, workmanship, design and performance; (ii) will be and remain compatible and interoperable with Customer’s then current hardware and software environment as it exists at the time each Product passes the relevant Acceptance Tests; (iii) will be and remain sufficient and appropriate to enable each software product that is to be installed on the Hardware to operate in satisfaction of the Contract Specifications, provided that the relevant software products have been disclosed to the Contractor prior to the date of the Order; (iv) has the capacity and will maintain the level of reliability and availability specified in the Contract Specifications; and (v) will be fully scalable to accommodate the Customer’s changing requirements as specified by Customer to the Contractor prior to the date of the Order; (b) in addition to the Contractor’s obligations under clause 14.6 of Part 1 of the Agreement, the Documentation to be provided by the Contractor will not be limited to material the Contractor usually makes available free to its other customers, and must at a minimum: (i) be specific to the Hardware, so that the unique aspects of the Hardware, as Installed within the Customer’s existing hardware and software environment are taken into account, and MODULE 01 (ii) provide adequate instructions on how to operate and use the Hardware without reference to the Contractor; (c) components of the Hardware will not emit fumes, liquids, electromagnetic radiation or noise, in normal operating conditions, which could be detrimental to personnel, the Hardware or the operation of other equipment; and (d) it has and will continue to have the right and authority to grant to the Customer the licences and rights that it grants to the Customer in relation to Bundled Software.