Additional Terms & Conditions. Acknowledged and Agreed:
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the...
Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final.
B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 2021. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata.
C. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director.
D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A.
E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices.
F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 4-1, et seq., XXXX 0000, as amended.
G. This Agreement is governed by the la...
Additional Terms & Conditions. [DESCRIBE] 21.
Additional Terms & Conditions. If any term, condition, or provision of these Terms of Engagement (or part thereof) is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions (or parts thereof) shall not in any way be affected or impaired.
Additional Terms & Conditions. [Specify “none” if there are no additional provisions]
Additional Terms & Conditions. All contacts with the Seller must be made through SHS. Co-Broker and Client shall not contact Seller.
Additional Terms & Conditions. If you attempt to use or earn Points in a fraudulent way, we may, without limitation, take away all Points in your Program account, cancel your Program account, or cancel any My RewardsTM Debit Card belonging to you or an Additional Card Holder enrolled by you. All questions or disputes about Program eligibility, earning Points or using Points will be resolved exclusively by us. It is your responsibility to find out if you are liable for any federal, state or local taxes as a result of earning or using Points provided to you pursuant to this Program. Participants are responsible for the tax consequences, if any, of their participation in the Program, and specifically the issuance, use and redemption of Points. We do not make any representations or warranties regarding any tax implications arising from the receipt of Points, the redemption of Points or participation in the Program. If the receipt of Points, the redemption of Points or participation in the Rewards Program results in any income tax or other tax liability to you, all such tax liability will be borne by you. We disclaim all responsibility for any such taxes. These Terms and Conditions replace all previous versions and are governed and construed under the laws (excluding conflicts of law provisions) of Delaware.
Additional Terms & Conditions. Owner (or Agent) covenants and warrants that he or she is the sole Owner (or duly authorized Agent of the Owner) of the Premises and that legal title to the Leased Premises is vested in the Owner. Owner and Agent agree to indemnify and hold Southern States Sign Company. harmless from the claim of any third party to title, whether legal or equitable, or claim to the Lease Site, and shall at its expense defend Empire's interests and pay any judgment rendered against Empire resulting from any such claim. As such, reciprocal indemnification shall protect Owner from any losses or damages arising out of the acts or omissions of Southern States Sign Company.
Additional Terms & Conditions. Artist shall have the sole and exclusive right, but not the obligation, to sell souvenir items including posters & T-Shirts with receipts thereof shall belong exclusive to artist.
