Common use of APPLICATION OF THESE TERMS AND CONDITIONS Clause in Contracts

APPLICATION OF THESE TERMS AND CONDITIONS. The parties acknowledge and agree that: (a) any agreement by CTC to license the Site or parts of the Site to the Licensee is subject to these terms and conditions, and is subject to availability; (b) CTC has not given or made and will not give or make any warranty, representation or guarantee to the Licensee that the Site or any part of the Site required by the Licensee will be available to the Licensee at the times required by the Licensee; (c) CTC is entitled to grant licences in respect of the whole or parts of the Site to third parties; (d) any licence which CTC may grant to the Licensee will be described in the Booking Confirmation issued to the Licensee; (e) notwithstanding anything to the contrary, any licence which CTC may grant to the Licensee shall be deemed to include the terms and conditions set out herein as well as the Hot Leasing Operations Handbook; (f) unless the parties otherwise agree in writing, any access or use of the Site by the Licensee on or after the date of this Agreement shall be on the terms and conditions set out herein; and (g) the terms and conditions set out herein will prevail over and operate to the exclusion of any terms on which the Licensee later submits or purports to submit to CTC; (h) CTC has made no promise, representation, warranty or undertaking: (i) in respect of the suitability of the Site or the Land for any use or for any business to be carried on, or in respect of the fixtures, fittings, furnishings, finish, plant, machinery and equipment of or in the Site or the Land or as to other businesses to be carried on or not to be carried on in the Site or the Land; (ii) that others have leased, will license or will continue to lease or license or will not be permitted to lease or license premises forming part of the Land or the Site or that the Licensee has any exclusive or limited shared right to carry on any use or business at the Site or on the Land.