Controlling Provision. The provisions of this Section 17 shall control, and be effective, notwithstanding the provisions of the Uniform Vendor and Purchaser Risk Act set forth in Section 5.007 of the Texas Property Code.
Controlling Provision. This Section 6.1 shall not apply to filings or consents under Antitrust Laws or Foreign Direct Investment Laws, which shall be governed by the obligations set forth in Section 6.2.
Controlling Provision. This Section 2.13 shall supersede any provisions in Section 2.7(d) and Section 14.4 to the contrary.
Controlling Provision. Notwithstanding any other provision hereof, as long as STC continues to only own non-voting securities in Smitx Xxxuisition Company, the Board shall have no authority to direct or control the management of Smitx Xxxuisition Company or television broadcast station WTOV-TV, Channel 9, Steubenville, Ohio.
Controlling Provision. This Section 6.2 and not Section 6.1, shall govern and define the obligations of the parties hereto with respect to making any filings, notifications with respect to, or obtaining any approvals under, the HSR Act, other Antitrust Laws, or Foreign Direct Investment Laws.
Controlling Provision. This Section 20 shall control in the event of a conflict with any other provision of this Agreement.
Controlling Provision. OpNext Japan, the Clarity Parties and Hitachi acknowledge and agree that the indemnification obligations of Hitachi pursuant to this Section 11 supersede and preempt in their entirety the indemnification obligations of Hitachi contained in Section 24(d) of the Stock Purchase Agreement to the extent such indemnification obligations cover the same subject matter as the subject matter hereof.
Controlling Provision. Contemporaneously with the execution of --------------------- this Deed of Trust, Grantor is executing an Assignment of Leases and Rents in favor of the Noteholder. To the extent any provision of Paragraph 3.1 above is construed to contradict, conflict with or be inconsistent with any term, condition or provision contained in the Assignment of Leases and Rents, the applicable terms, conditions and provisions of the Assignment of Leases and Rents shall supersede such contradicting, conflicting or inconsistent provisions of Paragraph 3.1 and shall control.
Controlling Provision. All agreements between Company and Purchaser are expressly limited so that, and Company and Purchaser intend and agree that, in no contingency or event whatsoever, whether by reason of advancement of the proceeds of the Notes, acceleration of maturity of the unpaid principal balance thereof, or otherwise, shall the amount paid or agreed to be paid to Purchaser for the use, forbearance or detention of the money to be advanced hereunder exceed the lesser of the sums payable under the Notes or the highest lawful rate permissible under applicable usury law. In the determination of the rate of interest under this provision, any charges which are determined
Controlling Provision. To the extent of any conflict between any provision in this Section 2 and any provision in any other section of this Agreement, the provision in this Section 2 shall control.
