Exclusion of certain provisions. Where any Finance Party has a security interest (as defined in the PPSA) under any Finance Document, to the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) each Finance Party with the benefit of the security interest need not comply with sections 95, 118, 121(4), 125,130, 132(3)(d) or 132(4) of the PPSA; and
(ii) sections 142 and 143 of the PPSA are excluded;
(b) for the purposes of section 115(7) of the PPSA, each Finance Party with the benefit of the security interest need not comply with sections 132 and 137(3);
(c) each Party waives its right to receive from any Finance Party any notice required under the PPSA (including a notice of a verification statement);
(d) if a Finance Party with the benefit of a security interest exercises a right, power or remedy in connection with it, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless the Finance Party states otherwise at the time of exercise. However, this Clause does not apply to a right, power or remedy which can only be exercised under the PPSA; and
(e) if the PPSA is amended to permit the Parties to agree not to comply with or to exclude other provisions of the PPSA, the Lenders may notify the Borrower and the Finance Parties that any of these provisions is excluded, or that the Finance Parties need not comply with any of these provisions. This does not affect any rights a person has or would have other than by reason of the PPSA and applies despite any other Clause in any Finance Document.
Exclusion of certain provisions. (a) To the extent permitted, sections 142 and 143 of the PPSA are excluded in full and will not apply to this document and the Scheme Owner need not comply with sections 95, 118, 121(4), 125, 130 ,132(3)(d), and 132(4) of the PPSA.
(b) The Customer waives its right to receive from the Scheme Owner any notice required under section 157 of the PPSA or, after the occurrence of an Event of Default, the provisions of the PPSA referred to in section 144 of the PPSA except section 135.
Exclusion of certain provisions. Sections 109(6) and (8) of the Law of Property Xxx 0000 shall not apply to a Receiver appointed under this Deed.
Exclusion of certain provisions. Section 103 of the Law of Property Xxx 0000 shall not apply to the security, charges and pledges created by this Deed which shall immediately become enforceable and the power of sale and other powers conferred by Section 101 of such Act (as varied or extended by this security) shall be immediately exercisable at any time after an Event of Default has occurred.
Exclusion of certain provisions. Where any Finance Party has a security interest (as defined in the PPSA) under any Finance Document, to the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA:
(i) each Finance Party with the benefit of the security interest need not comply with section 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the PPSA; and
(ii) sections 142 and 143 of the PPSA are excluded;
(b) for the purposes of section 115(7) of the PPSA, each Finance Party with the benefit of the security interest need not comply with sections 132 and 137(3);
Exclusion of certain provisions. To the extent the law permits:
(i) for the purposes of Sections 115(1) and 115(7) of the Australian PPSA:
(A) each Finance Party with the benefit of the security interest need not comply with Sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the Australian PPSA; and
(B) Sections 142 and 143 of the Australian PPSA are excluded;
(ii) for the purposes of Section 115(7) of the Australian PPSA, each Finance Party with the benefit of the security interest need not comply with Sections 132 and 137(3) of the Australian PPSA;
(iii) each party waives its right to receive from any Finance Party any notice required under the Australian PPSA (including a notice of a verification statement); and
(iv) if a Finance Party with the benefit of a security interest exercises a right, power or remedy in connection with it, that exercise is taken not to be an exercise of a right, power or remedy under the Australian PPSA unless the Finance Party states otherwise at the time of exercise. However, this clause does not apply to a right, power or remedy which can only be exercised under the Australian PPSA. This does not affect any rights a Finance Party has or would have other than by reason of the Australian PPSA and applies despite any other clause in any Loan Document.
Exclusion of certain provisions. The Parties exclude the application of the following provisions of the Civil Code to this Contract: Section 557 (contra proferentem rule), Section 1740 (3) (qualified acceptance of an offer), Sections 1799 and 1800 (clauses in adhesion contracts) and Section 1805 (2) (prohibition of ultra duplum). The Parties have expressly agreed that the provisions of Sections 1932 and 1933 of the Civil Code will not apply to this Contract. If there are multiple liabilities due that arise from this Contract, it is the Customer’s exclusive right to determine which liability will be paid first. For the avoidance of doubts, none of the obligations under this Contract is considered a fixed obligation pursuant to Section 1980 of the Civil Code. The invalidity of the Contract and/or its amendment due to the failure to comply with the form may be objected to by either Party at any time, even if performance has already begun.
Exclusion of certain provisions. The Parties exclude the application of the following provisions of the Civil Code to this Contract: Section 557 (contra proferentem rule), Section 1740(3) (qualified acceptance of an offer), Sections 1799 and 1800 (clauses in adhesion contracts) and Section 1805(2) (prohibition of ultra duplum).
Exclusion of certain provisions. The Parties exclude the application of the following provisions of the Civil Code to this Contract: Sec. 557 (rule of contra proferentem), Sec. 1740 (3) (qualified acceptance of an offer), Sec. 1799 and Sec. 1800 (clauses of accessory contracts) and Sec. 1805 (2) (ban of ultra duplum). Prior the conclusion of the Contract, the Client has expressly notified the Contractor that no paragraph or section of the Contract, its annexes and other components is of minor importance, the contractual arrangement of the wording of the Contract itself may not be complex and that paragraphs and sections of the Contract, its annexes and other components may contain provisions that may be considered surprising. As a business expert, the Contractor represents that it has acknowledged such notice and that it has duly acquainted itself with the Contract, any and all its annexes and components prior to the conclusion of the Contract. The Parties undertake to resolve any and all disputes that may arise between them in connection with the performance or interpretation of this Contract by the means of reconciliation and mutual agreement. If Parties do not resolve their dispute within 30 (thirty) days from its commencement, such dispute will be submitted by one of the Parties to the court having local and subject matter jurisdiction. The Parties hereby agree on the local jurisdiction of general court of the Client under Section 89a of the Act No. 99/1963 Coll., the Rules of Civil Procedure, as amended. Severability Clause. If any provision of this Contract is or becomes invalid, unenforceable or ineffective, such invalidity, unenforceability or ineffectiveness of other provisions of this Contract shall not be affected thereby. The Parties undertake to replace the invalid, unenforceable or ineffective provision with a valid, enforceable and effective provision the contents of which will correspond to the intention contemplated by the original provisions and this Contract as a whole within five (5) Working Days from day of the delivery of the notice from the other Party. The Parties represent that no facts stated in this Contract and its annexes constitute a trade secret under Sec. 504 of the Civil Code. Assignment, pledge, set-off. The Parties expressly agree that without a prior written consent of the Client: The Contractor is not entitled to assign any of its claims under this Contract or its claims incurred in connection with this Contract to a third party, The Contractor is not ...
Exclusion of certain provisions. 8.2 Sole and Exclusive Remedy................................... 8.3
