Common use of Agreement Personal Clause in Contracts

Agreement Personal. Save as otherwise specifically provided for in this Agreement, this Agreement is personal to the Parties and no rights or obligations may be ceded, delegated or assigned, as the case may be, unless otherwise agreed to in Writing by both the Parties, which agreement may not be unreasonably conditioned, refused and/or delayed. Notwithstanding the aforegoing, if: - this Agreement results in and/or is considered or deemed to be a conflict of interest for the Service Provider by virtue of it being a network firm of the international and/or local auditing firm of one of its shareholders from time to time; or - the Service Provider disposes of its business or part thereof as a going concern, the Service Provider is entitled to cede, delegate and/or assign, as the case may be, any of its rights and/or obligations, including but not limited to this Agreement, without the necessity of obtaining the Client’s prior Approval thereto This Agreement does not and will not create or give rise to any third party rights. Save as provided for in the immediately succeeding Xxxxxx below, nothing herein contained will be construed and/or constitute a stipulation or benefit in favour of any Person who is not a Party to this Agreement. The Client hereby indemnifies and undertakes to indemnify and hold harmless the Service Provider, its shareholders, associated companies, directors, employees, sub-contractors, legal advisers, representatives and/or agents, as the case may be, against any loss, damage, expense or liability incurred by any third party or Person as a result of, arising from or in connection with or for: - any breach by the Client of any of its obligations under this Agreement; or - any claim made by a third party or Person pursuant to or which arises from or in connection with any breach by the Client of this Agreement. In addition to acting in its personal capacity and for itself, the Client, by its Signatory’s Signature of this Agreement, also accepts the provisions of this Agreement as an agent of and for Other Beneficiaries. The Client must and will procure that the Other Beneficiaries will act on the basis as if they are Parties to this Agreement, as if each has signed same and agreed to be bound by its terms and conditions, save that the Client shall alone be responsible for the payment of all fees, disbursements and interest. No agreement by and between the Client and a third party or other Person, which seeks to impose any obligation or liability on the Service Provider, will be binding on the Service Provider. Insofar as any of the provisions contained in this Agreement are in conflict with any of the Laws of South Africa and/or any country or jurisdiction to which this Agreement may apply as a result of the Client being in a country or jurisdiction other than South Africa, for the time being in force, such provisions will be deemed to be amended only to the extent necessary to comply with the provisions of such Laws. The Parties will ensure that they and their activities will, at all times, comply with the all applicable Laws and the Legislation of South Africa and/or any other applicable country or jurisdiction.