Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
Civil Code. To the fullest extent permitted by applicable law, the following provisions shall apply (and shall be binding on the Settlor, the Trustees and on all Unitholders), namely:
Civil Code. The Seller acknowledges that he is aware of the importance to the Buyer of the fulfilment of this Contract in terms of quality and schedule and that in the event of a failure by the Seller to meet them (e.g. in case of delay with delivery and/or in the case if the Object of Purchase does not meet the stipulated requirements) the Buyer may incur substantial damage. Duly and timely performance hereunder is essential for the Buyer, in particular, given the follow-on activities within the framework of the Project (FAIR-CZ-OP II) or the FAIR project and observation of the respective deadlines for their completion. SUBJECT-MATTER This Contract concerns delivery of the photomultipliers for ECAL detector. Each photomultiplier shall include a socket. The photomultipliers shall fully comply with the requirements and specification stipulated herein, including Annex No. 1 (Technical Specification) The supply of photomultipliers shall also include potential additional works and/or deliveries, and a free licence to use the supply for the needs of the Project, including its follow-up phases (the supplies and related activities to be made hereunder shall be referred to jointly as the “Object of Purchase”). This Contract stipulates the obligation of the Seller to deliver to the Buyer and transfer to the Buyer the ownership right to the Object of Purchase as specified herein and in accordance with the terms hereof. The Seller undertakes to duly deliver, under the terms agreed herein and within the time frame agreed herein, at his own cost and risk the items forming the Object of Purchase to the Buyer at the prescribed location and to hand them over to the Buyer. The Seller shall be liable for delivery of the said items fully in accordance with this Contract, his bid submitted within the Procurement Procedure and applicable legal, technical and quality regulations. For the sake of clarity, the Seller’s obligations hereunder to deliver the Object of Purchase, performance of which has been included in the Purchase Price, shall also include all the activities under the above Article. This Contract further stipulates the obligation of the Buyer to take over the duly and timely delivered Object of Purchase and pay the Purchase Price, under the terms hereof, to the Seller. For the sake of clarity, the Buyer is hereunder obliged to accept and take over only the parts of Object of Purchase that are fully in compliance with all requirements specified in this Contract (including its A...
Civil Code. Each Party represents that it is not aware of any claim against the other than the claims that are released by this Agreement. Each Party acknowledges that it has been advised by legal counsel and is familiar with the provisions of the Nevada Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Each Party, being aware of said code section, agrees to expressly waive and relinquish any right or benefit it has or may have under the Civil Code of the State of Nevada, as well as any other similar provision under the statutory or nonstatutory law of any other jurisdiction to the full extent that it may lawfully waive all such rights and benefits.
Civil Code. Each Releasor acknowledges that he, she, or it may hereafter discover facts other than or different from those which the Releasor knows or believes to be true with respect to the claims which are the subject matter of this Paragraph, but each Releasor, through this Agreement, and with the ability to seek independent advice of counsel, hereby expressly waives and fully, finally, and forever settles and releases any known or unknown, suspected or unsuspected, contingent or non-contingent claim that would otherwise fall within the definition or Released Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. The releases herein given by the Releasors shall be and remain in effect as full and complete releases of the claims set forth in this Action, notwithstanding the later discovery or existence of any such additional or different facts relating to the Action or this Agreement or the later discovery of any such additional or different claims that would fall within the scope of the release provided in Paragraph 37 of this Agreement, as if such facts or claims had been known at the time of this release.
Civil Code. The Dutch Civil Code.
Civil Code. The conclusion of the conditional real agreement, which is accompanied by making a declaration as referred to in Article 3:115 Civil Code, and, if necessary, by performing a factual act, leads to the situation that transfer of ownership takes place at the moment that the alienator acquires ownership and possession, and the condition is fulfilled: the acquirer becomes owner and possessor. The formality of delivery prescribed in Article 3:95 Civil Code may also be per- formed in advance. Since the condition included in the real agreement corresponds to a legal requirement for transfer, pending the fulfilment of the condition no (condi- tional) transfer is effected. However the conclusion of the real agreement leads to ‘a binding of xxxxx under property law’: the alienator cannot unilaterally withdraw from the real agreement in order to frustrate in this way the transfer of ownership. Just as an entitled party can invoke his right under property law against everybody, the binding under property law, which has originated due to a delivery in advance, also has an absolute effect. By performing the delivery in advance the alienator has exercised in advance his privilege to dispose. In case of a delivery in advance by means of an anticipated constitutum possessorium Article 3:110 Civil Code is the final element of this binding under property law. From this provision it follows that at the moment at which the alienator will acquire the property he will inevitably start to detain it for the acquirer. So a possible contrary possessory will has no significance.
Civil Code the Act of 23rd April 1964 Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended).
Civil Code. The Parties acknowledge that this Settlement Agreement constitutes a transaction within the meaning of article 2631 Quebec Civil Code, and the Settlement Class Members waive any recourse for annulment of this Settlement in case of mistake of fact or law, any errors of calculation and any aggravation of any and all damages of any nature whatsoever in connection with any Released Claims. [REMAINDER OF XXXX IS INTENTIONALLY BLANK] Annex 1 Long Form Pre-Approval Settlement Notice PRE-APPROVAL NOTICE Canada Dry Settlement Program in Quebec NOTICE OF COURT HEARING ON [INSERT DATE] CONCERNING THE APPROVAL OF A CLASS ACTION SETTLEMENT AGREEMENT IN THE CASE OF ZOUZOUT v. CANADA DRY XXXX’X INC. AND KEURIG XX XXXXXX INC. QUEBEC SUPERIOR COURT 000-00-000000-000 PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS THE SETTLEMENT CLASS: A proposed settlement has been reached with respect to the class action commenced by a Quebec consumer (the “Plaintiff”) against Canada Dry Xxxx’x Inc. and Keurig Xx Xxxxxx Inc. (collectively referred to as “Defendants”) before the Superior Court of Quebec for the judicial district of Montreal (the “Court”) under docket number 000-00-000000-000 (the “Action”) on behalf of the Settlement Class defined in the parties’ Settlement Agreement as: All consumers who purchased in Quebec any Canada Dry Ginger Ale product marketed as “Made from Real Ginger” or “Fait à partir de vrai gingembre” at any time between January 14, 2016 and until November 11, 2020) (the “Class Period”). If you would like to exclude yourself from the class action, then you must timely and validly request exclusion (i.e. “opt out”) as described in this Notice. SUMMARY: Plaintiff alleges that Defendants used or published certain labelling and advertising material that contained false or misleading information relating to the ingredients in Canada Dry Ginger Ale soft drinks. Defendants completely deny any and all wrongdoing or liability. Plaintiff and Defendants negotiated and ultimately agreed to the proposed settlement in order to avoid the burdens and expense of the lawsuit, and the risk and uncertainty of litigation. Members of the Settlement Class who do not opt out may qualify for compensation under the proposed settlement. Plaintiff and Class Counsel believe that the settlement is in the best interest of the Settlement Class. As part of the settlement process, the Class Action will be authorized by the Court for settlement purposes only. The settlement ...
Civil Code. Borrower is aware of the provisions of Section 1542 of the California Civil Code, which Section reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Borrower waives the provisions of said Section 1542 of the California Civil Code and the provisions of any other applicable laws restricting the release of claims which the releasing parties do not know or suspect to exist at the time of release, which, if known, would have materially affected the decision of Borrower to agree to this Agreement.
