Without limiting the provisions of Section 9 Clause Samples
The clause 'Without limiting the provisions of Section 9' serves to clarify that the current section or provision does not restrict or reduce the scope of rights, obligations, or remedies already established in Section 9 of the agreement. In practice, this means that any additional terms or conditions introduced in the present section are intended to supplement, rather than override or narrow, what is set forth in Section 9. For example, if Section 9 outlines certain warranties or indemnities, this clause ensures that further provisions elsewhere do not diminish those protections. Its core function is to preserve the full effect of Section 9, preventing any unintended limitation or conflict with its terms.
Without limiting the provisions of Section 9. 03, Level 3 and the Borrower shall reimburse the Collateral Agent for all reasonable out-of-pocket costs and expenses, including the reasonable fees, charges and disbursements of counsel, incurred by it in connection with any action contemplated by this Section.
Without limiting the provisions of Section 9. 09, the Lenders irrevocably authorize the Administrative Agent, at its option and in its discretion,
Without limiting the provisions of Section 9. 13(a), each Payment Recipient (and each of their respective successors and assigns) hereby further agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in this Credit Agreement or in a notice of payment, prepayment or repayment sent by Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by Administrative Agent (or any of its Affiliates), or (z) that such Payment Recipient otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), in each case:
(i) it acknowledges and agrees that (A) in the case of immediately preceding clauses (x) or (y), an error shall be presumed to have been made (absent written confirmation from Administrative Agent to the contrary) or (B) in the case of immediately preceding clause (z), an error and mistake has been made, in each case, with respect to such payment, prepayment or repayment; and
(ii) such Lender, L/C Issuer or Secured Party shall (and shall cause any other Payment Recipient that receives funds on its respective behalf to) promptly (and, in all events, within one Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (x), (y) and (z)) notify Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying Administrative Agent pursuant to this Section 9.13(b). For the avoidance of doubt, the failure to deliver a notice to Administrative Agent pursuant to this Section 9.13(b) shall not have any effect on a Payment Recipient’s obligations pursuant to Section 9.13(a) or on whether or not an Erroneous Payment has been made.
Without limiting the provisions of Section 9. 03, the Borrower shall reimburse the Administrative Agent for all reasonable out-of-pocket expenses, including the reasonable fees, charges and disbursements of counsel for the Administrative Agent, incurred by it in connection with any action contemplated by this Section 9.15.
Without limiting the provisions of Section 9. 03, the Borrower shall reimburse the Collateral Agent for all costs and expenses, including attorneys’ fees and disbursements, incurred by it in connection with any action contemplated by this Section.