Subject to Clause 18. 1 (Liability), Xxxxxxx’x obligations under this Clause 11 shall be limited (at Sandvik’s option): (a) as described in the Sandvik Warranty; and (b) in all other cases, to making good by repair, replacement, or refund of any Goods in which any defect appears.
Subject to Clause 18. 3.1, neither party shall in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for: • Any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; • Loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or • Any loss or liability (whether direct or indirect) under or in relation to any contract.
Subject to Clause 18. 1, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any of term of, or enjoy any benefit under, this Agreement.
Subject to Clause 18. 1: (a) the Supplier's liability to TUK, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with this Agreement shall: i. not include any liability for any indirect or consequential loss arising under or in connection with this Agreement; and ii. be limited per claim or series of related claims to the greater of: (i) £5,000,000; and (ii) 300% of the Goods Price and/or Service Price applicable to the Goods and/or Services giving rise to the claim; and (b) TUK’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with this Agreement shall: i. not include any liability for loss of revenue; cost of capital; loss of profit; loss of business reputation; loss of contract or loss of opportunity; or for any indirect, special, incidental or consequential loss or damage; and
Subject to Clause 18. 2.2, all payments made by a Party under this Agreement shall be made free from any counterclaim or set-off and without deduction or withholding of any Tax other than Taxes to be deducted or withheld by Law. If a Party is required by Law to make a deduction or withholding in respect of any sum payable under this Agreement, other than the Purchase Price, the sum shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, each other Party receives the full amount which would have been received but for such deduction or withholding. Project Grease - share purchase agreement 34 Table of Contents 18.4 Assignment
Subject to Clause 18. 8.1, Geron shall grant to BRC, HKUST and the Associated Companies of HKUST a non-exclusive, non-transferable and fully paid-up licence to use, reproduce and exploit for research purposes (i) all Geron Existing IP; and (ii) all Geron Background IP (including, subject to appropriate obligations of confidentiality, trade secrets and knowhow) which has been made available to the Company prior to the commencement of the winding up of the Company;
Subject to Clause 18. 3.1 neither party shall pending Completion make or authorise or issue any formal announcement or circular or other communication concerning the subject matter of this Agreement or any Local Agreement or any Transaction referred to in or contemplated by this Agreement and any Local Agreement.
Subject to Clause 18. 3, none of the Manager or any Associate of the Manager shall be required to account to the Partnership for any directors’, management, monitoring or other fees received by it or any of its Associates arising from an Investment or proposed Investment or paid by any Investee Company or proposed Investee Company provided that such fees shall not be paid directly to any director or employee of the Manager.
