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:
2.10.1 in the event of any inconsistency or contradiction between the provisions of this Contract of Trust and the Civil Code, the provisions of this Contract of Trust shall prevail;
2.10.2 the Settlor, having established the Trust, hereby waives any rights which it may have in its capacity as Settlor (but not in its capacity as a Unitholder during any period while he/she is a Unitholder) pursuant to Articles 1287 and 1297 of the Civil Code or any right which it may have (the existence of such right not being admitted by any party hereto) to be a party to or to participate in any amendment to this Contract of Trust;
2.10.3 any amendments to this Contract of Trust shall be made in accordance with ARTICLE 13, the whole without prejudice to the rights of any person pursuant to Article 1294 of the Civil Code and, except as provided in said ARTICLE 13, no Unitholder shall have any right to be a party to or to participate in any such amendment;
2.10.4 the following Articles of the Civil Code shall, to the extent in any way inconsistent with the provisions of this Contract of Trust, not apply to this Contract of Trust or to the Trustees, the Settlor, the Unitholders or the administration of the Trust or the Trust Property, namely: Articles 1275, 1301, 1302, 1303, 1304, 1305, 1306 (except that the Trustees shall have full administration of the Trust Property), 1310, 1311, 1312, 1321 (first paragraph), 1332, 1334, 1338, 1339 (it being specifically agreed that the investments of the Trust shall be made solely pursuant to this Contract of Trust), 1340, 1341, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352, 1353, 1354, 1355 (second paragraph), 1356, 1357, 1358, 1360, 1361, 1363, 1364, 1365, 1366, 1368, 1369 and 1370;
2.10.5 the provisions of this Contract of Trust shall apply notwithstanding the provisions of Article 1337 of the Civil Code;
2.10.6 notwithstanding anything in this Contract of Trust to the contrary, the second sentence of Article 1322 of the Civil Code shall apply to and enure to the benefit of the Settlor, the Trustees and the Unitholders; and
2.10.7 the Settlor particularly and specifically exempts the Trustees and the Unitholders from making any return of the Trust Property or any part thereof, whether capital or income, to the general mass of the estate and succession o...
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 the Act of 23rd April 1964 Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended).
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 conclusion of the conditional real agreement, which is accompanied by making
Civil Code. The Dutch Civil Code.
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 New York Civil Code, which provides as follows:
Civil Code. Lender 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. Lender 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 Lender to agree to this Agreement.
