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Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

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Schedule 8Administrative ProvisionsEach relevant Party shall comply with their respective obligations in this Schedule1 Inconsistency and Conflict1.1 In the event of any insistency and conflict between:1.1.1 any Schedule and main body of this Agreement then the Schedule shallprevail;1.1.2 any provision of this Agreement and the H&F Option Agreement then thisAgreement shall prevail; and1.1.3 if any provision of this Agreement is more onerous than a similar provision inthe section <strong>10</strong>6 Agreement then this Agreement shall prevail but otherwise the section<strong>10</strong>6 Agreement shall prevail.1.2 Save as expressly provided herein, nothing in this Agreement is intended to lessen,relax, release or waive any of the obligations on any of the Parties contained in either:1.2.1 the H&F Option Agreement; and1.2.2 the section <strong>10</strong>6 Agreement.2 Further AssuranceWithout prejudice to any other provision in this Agreement each Party agrees to do allacts and things reasonably necessary to give meaning and effect to this Agreementand the things contemplated hereunder.3 To keep informedWithout prejudice to any other provision in this Agreement each Party agrees to keepthe other informed at all times of all relevant or material matters.4 Waiver etc4.1 The failure of a Party to insist upon strict performance of any provision of thisAgreement on the part of the other or a failure to exercise any right or remedy towhich it is entitled shall not constitute a waiver thereof and shall not cause adiminution of the obligations either Party under this Agreement or otherwise.4.2 A waiver by either Party of a default by the other shall not constitute a waiver of anysubsequent default by that Party.L1.040-CPO-CPOIA.v2.239Page 122

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