Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding. 13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code. 13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office. 13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity. 13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting. 13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office. 13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement. 13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office. 13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 12 contracts
Samples: Agreement on the Performance of the Office of Member of the Board of Directors, Agreement on the Performance of the Office of Member of the Board of Directors, Agreement on the Performance of the Office of Member of the Board of Directors
Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Supervisory Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Supervisory Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 6 contracts
Samples: Agreement on the Performance of the Office of Member of the Supervisory Board, Agreement on the Performance of the Office of Member of the Supervisory Board, Agreement on the Performance of the Office of Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil CodeCC.
13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCCCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCCCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- non-contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting. The approved Agreement is then in force as of the day on which the Agreement was entered into or as of the day on which the Member was appointed to the office (in Czech: ode dne vzniku funkce), whichever occurred later.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 4 contracts
Samples: Agreement on the Performance of the Office of Member of the Board of Directors, Agreement on the Performance of the Office of Member of the Board of Directors, Agreement on the Performance of the Office of Member of the Board of Directors
Final Provisions. 13.1 Any obligation set out in
a) All rights and obligations of the Parties arising from this Agreement that is not fully performed upon cease to apply as of the date of expiry of the Agreement, with the exception of the rights and obligations, which according to their type continue to persist the Agreement.
b) The provisions pertaining to information protection, deposit, financial security, damage settlement, contractual penalties and dispute resolution remain in effect after the termination of this Agreement shall remain bindingpursuant to the provisions of Article 7 of this Agreement.
13.2 If c) The Parties hereby acknowledge that should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall not invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision.
d) This Agreement can be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof in the same document. The other Party is obligated to provide an opinion on a draft Appendix within 20 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period.
e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech.
f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The Balance Responsible Party hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms.
g) Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices:
i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx) ii. Appendix 2 – Form for Financial Security Determination iii. Appendix 3 – Persons authorized for communication in contractual and operations matters
h) In the event any provision of this Agreement is or becomes invalid or unenforceablesuperseded by new legislation, that shall not affect both Parties hereby undertake to substitute the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any affected provision of this Agreement is found putative (null) within with a new provision ensuing from the meaning of Section 553 (1) of new legislation, or they shall agree upon a provision which will as closely as possible achieve the New Civil Code.
13.3 This Agreement is governed purpose intended by Czech law, in particular by the both Parties when drafting this Agreement. All other provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain unaffected.
i) This Agreement has been executed in force 2 counterparts of which each Party receives one original copy. The Business Terms are valid and effective also binding for the duration both Parties as of the Member's term day of office as a member of approval by the Company's Board of Directors in this consecutive term of office.
13.7 For Energy Regulatory Office and posting on the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's officeWeb site xxx.xxx-xx.xx. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and They are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy an integral part of this Agreement in each language versionthe electronic form.
j) The Parties hereby acknowledge they have read this Agreement in detail, agree with its contents and are not aware of any obstacles, third party claims or other legal defects that would prevent entering into this Agreement or render it invalid. If there is a conflict or inconsistency between the English language text and the Czech language textIn witness whereof, the Czech prevailsauthorized representatives of the Parties attach their signatures below.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is shall be governed by and interpreted in accordance with Czech law, in particular by the provisions of the BCA Corporations Act and the NCCCivil Code. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's ’s office shall be governed by the relevant provisions of the Articles of Association, the NCCCivil Code, the BCA Corporations Act and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic shall have the exclusive jurisdiction to settle any dispute arising from under or in connection with this Agreement, including a any dispute regarding the existence, validity or termination of this Agreement, or any non- non-contractual obligation arising from this Agreement under or in connection with itthis Agreement, or the consequences of its nullity.
13.5 12.5 This Agreement becomes shall become effective upon the election of the Member to the office of member of the Board of Directors of the Company its approval by the General Meeting, and upon the approval . The approved Agreement shall then be in force as of the day on which the Agreement by was entered into or as of the General Meetingday on which the Member was appointed to the office (in Czech: ode dne vzniku funkce), whichever occurred later.
13.6 12.6 If the General Meeting elects employees of the Company elect the Member to the office of a member of the Supervisory Board of Directors for a consecutive another immediately following term of office, this Agreement shall also remain in force and effective also effect for the duration of the Member's ’s immediately following term of office as a member of the Company's Board of Directors in this consecutive term of office’s Supervisory Board.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that that, in addition to the reasons for termination of the Agreement under Clause 1211, this Agreement shall also expire be terminated if the General Meeting does employees of the Company do not elect the Member to the office of member of the Supervisory Board of Directors of the Company or the General Meeting does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede supersedes any previous negotiationscontracts, acts, agreements or arrangements of any nature or substance between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's ’s office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes acknowledges that he has no claims against the Company in relation to any previous negotiationscontracts, any acts, agreements or arrangements of any nature or substance between the Parties, or any agreements relating to the performance of the Member's ’s office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy counterpart of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevailslanguage text shall prevail.
Appears in 2 contracts
Samples: Agreement on the Performance of Office of Member of the Supervisory Board, Agreement on the Performance of Office of Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is shall be governed by and interpreted in accordance with Czech law, in particular by the provisions of the BCA Corporations Act and the NCCCivil Code. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's ’s office shall be governed by the relevant provisions of the Articles of Association, the NCCCivil Code, the BCA Corporations Act and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic shall have the exclusive jurisdiction to settle any dispute arising from under or in connection with this Agreement, including a any dispute regarding the existence, validity or termination of this Agreement, or any non- non-contractual obligation arising from this Agreement under or in connection with itthis Agreement, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Supervisory Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Supervisory Board of Directors for a consecutive another immediately following term of office, this Agreement shall also remain in force and effective also effect for the duration of the Member's ’s immediately following term of office as a member of the Company's Board of Directors in this consecutive term of office’s Supervisory Board.
13.7 For the avoidance of doubt, the Parties expressly state that that, in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Supervisory Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede supersedes any previous negotiationscontracts, acts, agreements or arrangements of any nature or substance between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's ’s office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes acknowledges that he has no claims against the Company in relation to any previous negotiationscontracts, any acts, agreements or arrangements of any nature or substance between the Parties, or any agreements relating to the performance of the Member's ’s office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy counterpart of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevailslanguage text shall prevail.
Appears in 2 contracts
Samples: Agreement on the Performance of Office of Member of the Supervisory Board, Agreement on the Performance of Office of Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office.in
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 2 contracts
Samples: Agreement on the Performance of the Office of Member of the Board of Directors, Agreement on the Performance of the Office of Member of the Board of Directors
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election appointment of the Member to the office of member of the Board of Directors Audit Committee of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 12.6 If the General Meeting elects appoints the Member to the office of a member of the Board of Directors Audit Committee for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors Audit Committee in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 1211, this Agreement shall also expire if the General Meeting does not elect appoint the Member to the office of member of the Board of Directors Audit Committee of the Company or does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 2 contracts
Samples: Agreement on the Performance of the Office of Member of the Audit Committee, Agreement on the Performance of the Office of Member of the Audit Committee
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election of the Member to the office of member of the Supervisory Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 12.6 If the General Meeting elects employees of the Company elect the Member to the office of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does employees of the Company do not elect the Member to the office of member of the Supervisory Board of Directors of the Company or the General Meeting does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 2 contracts
Samples: Agreement on the Performance of the Office of Member of the Supervisory Board, Agreement on the Performance of the Office of Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in a) All rights and obligations of the Parties arising from this Agreement that is not fully performed upon cease to apply as of the date of expiry of the Agreement, with the exception of the obligations contained in the provisions hereof, the nature of which warrants their survival of the Agreement.
b) The provisions pertaining to information protection, financial security, damage settlement, contractual penalties and dispute resolution remain in effect after the termination of this Agreement shall remain bindingpursuant to the provisions of Article 7 of this Agreement.
13.2 If c) The Parties hereby acknowledge that should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall not invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision.
d) This Agreement can be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof. The other Party is obligated to provide an opinion on a draft Appendix within 14 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period.
e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech.
f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The Subject of Settlement hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms.
g) Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices:
i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx) ii. Appendix 2 – Form for Determining Financial Security iii. Appendix 3 – Persons authorized for communication in contractual and operations matters
h) In the event any provision of this Agreement is or becomes invalid or unenforceablesuperseded by new legislation, that shall not affect both Parties hereby undertake to substitute the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any affected provision of this Agreement is found putative (null) within with a new provision ensuing from the meaning of Section 553 (1) of new legislation, or they shall agree upon a provision which will as closely as possible achieve the New Civil Code.
13.3 This Agreement is governed purpose intended by Czech law, in particular by the both Parties when drafting this Agreement. All other provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of officeunaffected.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 i) This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each been executed in two (2) counterpartscounterparts of which each Party receives one original copy. Each Party shall retain one (1) copy The Business Terms are valid and binding for both Parties as of the day of approval by the Energy Regulatory Office and posting on the Web site xxx.xxx-xx.xx. They are an integral part of this Agreement in each language versionthe electronic form.
j) The Parties hereby acknowledge they have read this Agreement in detail, agree with its contents and are not aware of any obstacles, third party claims or other legal defects that would prevent entering into this Agreement or render it invalid. If there is a conflict or inconsistency between the English language text and the Czech language textIn witness whereof, the Czech prevailsauthorized representatives of the Parties attach their signatures below.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Final Provisions. 13.1 Any obligation set out in
a) All rights and obligations of the Parties arising from this Agreement cease to apply as of the date of expiry of the Agreement, with the exception of the rights and obligations which according to their type continue to persist the Agreement.
b) The provisions pertaining to information protection, damage settlement, contractual penalties and dispute resolution remain in effect after the expiry of this Agreement.
c) The Parties hereby acknowledge that is not fully performed upon the termination should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall remain bindingnot invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision.
13.2 If d) This Agreement may be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof in the same document. The receiving Party is obligated to provide an opinion on a draft Appendix within 20 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period.
e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech.
f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The BEM Participant hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms.
g) Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices:
i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx)
ii. Appendix 2 – Persons authorized for communication in contractual and operations matters iii. Appendix 3 - Form for Financial Security Determination (in case that the BEM Participant does not conclude the valid and effective agreement on settlement of imbalance in the electricity market)
h) In the event any provision of this Agreement is or becomes invalid or unenforceablesuperseded by new legislation, that shall not affect both Parties hereby undertake to substitute the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any affected provision of this Agreement is found putative (null) within with a new provision ensuing from the meaning of Section 553 (1) of new legislation, or they shall agree upon a provision which will as closely as possible achieve the New Civil Code.
13.3 This Agreement is governed purpose intended by Czech law, in particular by the both Parties when drafting this Agreement. All other provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain unaffected.
i) This Agreement has been executed in force 2 counterparts of which each Party receives one original copy. The Business Terms are valid and effective also binding for the duration both Parties as of the Member's term day of office as a member of approval by the Company's Board of Directors in this consecutive term of office.
13.7 For Energy Regulatory Office and posting on the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's officewebsite xxx.xxx-xx.xx. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and They are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy an integral part of this Agreement in each language versionthe electronic form.
j) The Parties hereby acknowledge they have read this Agreement in detail, agree with its contents and are not aware of any obstacles, third party claims or other legal defects that would prevent entering into this Agreement or render it invalid. If there is a conflict or inconsistency between the English language text and the Czech language textIn witness whereof, the Czech prevailsauthorized representatives of the Parties attach their signatures below.
Appears in 2 contracts
Samples: Access to the Balancing Energy Market Agreement, Access Agreement
Final Provisions. 13.1 Any obligation set out in this 11.1 This Agreement becomes valid on the date of its signature by both Contractual Parties and effective as of the signature date of the Agreement on granting of Subsidy. The Agreement is concluded for the duration of the Project and for three years after the completion of the Project. The Contractual Parties have agreed that is not fully performed upon those provisions of the Agreement which were apparently intended by the Contractual Parties to survive after the termination or expiry of this the Agreement shall remain bindingvalid and effective (in particular Articles 8.1 - 8.12 and Articles 9.1 - 9.3).
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. 11.2 The relationships between the Contractual Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction agreed to settle any dispute disputes arising from out of the implementation of the Agreement by mutual agreement. Should such amicable settlement prove to be impossible within a reasonable amount of time, all disputes or claims arising out of or in connection with this Agreement, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by three arbitrators appointed in accordance with the said Rules. The language to be used in the proceedings shall be in English.
11.3 The Agreement may cease to exist upon full discharge of all obligations by both Contractual Parties arising hereunder, and/or by a dispute regarding written agreement of the existence, validity or Contractual Parties in which the Receiver and the Partner agree upon the terms and conditions of the termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to 11.4 Any relationships not provided for by this Agreement shall be agreed between governed by valid laws and regulations of the Member Czech Republic. The terms and the Company in writing and are subject conditions of subsidy granted to the prior approval Partner by its country of origin shall be governed by valid laws and regulations of the General Meetingcountry granting such subsidy.
11.5 Changes and amendments to the Agreement may be made solely by agreement of the Contractual Parties in the form of written numbered amendments to the Agreement. The Member recognizes that he has no claims against Partner is not entitled to transfer rights and duties hereunder to a third party without the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance prior written agreement of the Member's officeReceiver.
13.9 11.6 The Czech Agreement is made in four copies with the validity of the original, with each Contractual Party receiving two copies.
11.7 The Contractual Parties hereby declare that they have read through the whole Agreement, agree with the text and English versions of further represent that this Agreement are each executed has been concluded in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.full
Appears in 2 contracts
Samples: Cooperation Agreement, Cooperation Agreement
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCCCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCCCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- non-contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting. The approved Agreement is then in force as of the day on which the Agreement was entered into or as of the day on which the Member was appointed to the office (in Czech: ode dne vzniku funkce), whichever occurred later.
13.6 12.6 If the General Meeting elects employees of the Company elect the Member to the office of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does employees of the Company do not elect the Member to the office of member of the Supervisory Board of Directors of the Company or the General Meeting does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Supervisory Board
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election appointment of the Member to the office of member of the Board of Directors Audit Committee of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 12.6 If the General Meeting elects appoints the Member to the office of a member of the Board of Directors Audit Committee for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors Audit Committee in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12clause 11, this Agreement shall also expire if the General Meeting does not elect appoint the Member to the office of member of the Board of Directors Audit Committee of the Company or does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Audit Committee
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the applicable internal regulations of the Company, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election appointment of the Member to the office of member of the Board of Directors Audit Committee of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 12.6 If the General Meeting elects appoints the Member to the office of a member of the Board of Directors Audit Committee for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors Audit Committee in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect appoint the Member to the office of member of the Board of Directors Audit Committee of the Company or does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Audit Committee
Final Provisions. 13.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Supervisory Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects employees of the Company elect the Member to the office of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does employees of the Company do not elect the Member to the office of member of the Supervisory Board of Directors of the Company or the General Meeting does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Supervisory Board
Final Provisions. 13.1 8.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 8.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 8.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and Commercial Code, with the NCC. The relationships between the Parties which are not expressly defined in exception of those non-mandatory provisions disapplied by this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the officeAgreement.
13.4 8.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection connected with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 8.5 This Agreement becomes effective upon the election of the Member to the office position of member of the Supervisory Board of Directors of the Company by the General Meeting, Meeting and upon the approval of the Agreement by the General Meeting.
13.6 If 8.6 In accordance with clause 7.1.1, if the General Meeting elects appoints the Member to the office position of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective effect also for the duration of the Member's ’s term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office, however, no later than upon the expiry of the fifth consecutive term of office.
13.7 8.7 For the avoidance of doubt, the Parties expressly state that in addition to the expiration reasons for termination of the Agreement under Clause 12clause 7, this Agreement shall also expire expires if the Company’s General Meeting does not elect the Member to the office position of member of the Supervisory Board of Directors of the Company or does not approve the Agreement.
13.8 8.8 This Agreement represents the entire shall supersede any previous mandate or service agreement that has been agreed upon between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's officethis Agreement. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation related to any previous negotiationsmandate, any agreements service agreement or arrangements between the Parties, or any agreements relating to the performance of the Member's his office.
13.9 The Czech and English versions of this 8.9 This Agreement are each is executed in two (2) counterpartscounterparts in Czech and in English. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and In case of any discrepancies the Czech language text, the Czech prevailsversion shall prevail.
Appears in 1 contract
Samples: Agreement on Performance of the Office of a Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in 11.1. This Agreement as well as any non-contractual obligations related to this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is are governed by Czech law.
11.2. Business practices concerning the agreed or follow-up performance do not take precedence over contractual arrangements or provisions of law, even if such provisions do not have overriding mandatory effect.
11.3. If the circumstances after the conclusion of the Agreement change to such an extent that the performance will be more difficult for the Contractor or there will be a gross disproportion between the rights and obligations of the Contracting Parties, it does not affect in particular by any way the Contractor’s obligations arising from this Agreement; the provisions of Section 1765, Subsection 1 and 1766 of the BCA Civil Code shall not be applicable and the NCCContractor, in accordance with Section 1765, Subsection 2 of the Civil Code, assumes the risk of changing circumstances.
11.4. The relationships Contracting Parties exclude the application of the provisions of Sections 1799 and 1800 of the Civil Code on clauses in adhesion contracts.
11.5. Neither of the Contracting Parties is authorized to incorporate any right arising from the Agreement or its breach into a security.
11.6. The presumption of the mail delivery period according to provisions of Section 573 of the Civil Code is not applicable between the Parties which are not expressly defined in Contracting Parties.
11.7. The provisions of this Agreement and which are related to severable in the performance sense that if some of the Member's office shall be provisions of this Agreement become invalid, it does not annul the entire Agreement. In such case, the Contracting Parties undertake to replace the invalid provision by a valid one that best meets the intended purpose of the invalid provision. Until then, the relation between the Contracting Parties is governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts legislation of the Czech Republic have exclusive jurisdiction to settle any dispute Republic.
11.8. Any controversy arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination out of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or herewith shall fall within the consequences jurisdiction of its nullitythe locally competent court based on the place of business of the Contracting Authority.
13.5 11.9. This Agreement becomes effective upon the election has been made in one electronic counterpart.
11.10. The following appendices form an integral part of the Member to the office Agreement: Appendix 1 – Equipment Specification, Appendix 2 – List of member subcontractors or declaration of honour of the Board Contractor stating that the subcontractors shall not be used for performance of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Purchase Agreement
Final Provisions. 13.1 Any obligation set out 9.1. The Seller reserves the right to amend or supplement the Terms, particularly due to changes in this Agreement that the related laws or due to changes in the method of trading. The Seller shall inform the Buyer about any amendment, supplement and its effect. The Buyer is entitled to denounce Purchase Contracts within 10 days if he does not fully performed upon agree with the termination of this Agreement shall remain bindingamendments in 2-month notice period.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable9.2. The rights, that shall not affect the validity liabilities and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) legal positions of the New Civil Code.
13.3 This Agreement is governed by Parties of the Purchase Contract are subject to the Czech law, in particular legal order. The legal relations of the Seller and the Buyer that are not explicitly arranged by the provisions of Purchase Contract and/or the BCA and the NCC. The relationships between the Parties which Terms are not expressly defined in this Agreement and which are related subject to the performance of the Member's office shall be governed by the relevant provisions of the Articles Czech Civil Code and related legal regulations.
9.3. Any legal actions intended to change, cancel or terminate the obligatory relationship based on the Contract have to be executed in writing.
9.4. The withdrawal from the Purchase Contract does not affect the provisions on arbitration, interest on overdue payment and compensation of Association, damages.
9.5. It is not permitted to include any part of the NCC, purchase price for the BCA delivered goods into the Buyer’s claim towards the Seller.
9.6. In the event of a dispute about the content and other legal regulations applicable to the performance of the office.
13.4 Contract, the Parties are obliged to make every effort that may be justly demanded from them in order to settle these disputes amicably. The courts Parties have agreed that in the event that they fail to settle a dispute amicably, even at the level of their statutory representatives or persons authorized by them, all disputes arising under this Agreement and in connection with it will finally be decided by the Arbitration Court attached to the Czech Chamber of Commerce and Agrarian Chamber of the Czech Republic according to its regulations by three arbitrators. The Parties have exclusive jurisdiction to settle any dispute arising from or agreed that in connection with this Agreementthe event of arbitration, including a dispute regarding the existenceit shall take place in Brno, validity or termination Masaryk University - Faculty of this AgreementLaw, any non- contractual obligation arising from this Agreement or in connection with itVeveří 70, or the consequences of its nullitypostcode 611 70.
13.5 This Agreement 9.7. The document sent in the form of a recorded letter to the Buyer’s address stated in the Contract is considered to be delivered regardless of whether or not it is really delivered to the addressee. The delivery becomes effective upon on the election day when delivered to the addressee, even when the document is delivered to a person different from the addressee. If the document is not delivered at all, the delivery becomes effective on the day when the document is deposited at the post office, even when the addressee does not receive the information about the deposit of the Member to document at the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of post office.
13.7 For 9.8. The Buyer shall not transfer the avoidance of doubt, rights arising from the Parties expressly state that in addition Contract to a third party and shall not transfer or pledge a claim towards the reasons for termination of Seller to a third party without a prior written consent from the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the AgreementSeller.
13.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting9.9. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance Terms of the Member's officeTrade are available at xxx.xxxxx.xx.
13.9 9.10. The Czech and English versions Terms of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevailsTrade become effective on 01/05/2014.
Appears in 1 contract
Samples: Terms of Trade for the Sale of Goods
Final Provisions. 13.1 8.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 8.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 8.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and Commercial Code, with the NCC. The relationships between the Parties which are not expressly defined in exception of those non-mandatory provisions disapplied by this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the officeAgreement.
13.4 8.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection connected with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 8.5 This Agreement becomes effective upon the election appointment of the Member to the office position of member of the Board of Directors of the Company by the General Meeting, Meeting and upon the approval of the Agreement by the General Meeting.
13.6 8.6 If the General Meeting elects appoints the Member to the office position of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office, however, no later than upon the expiry of the fifth consecutive term of office.
13.7 8.7 For the avoidance of doubt, the Parties expressly state that in addition to the expiration reasons for termination of the Agreement under Clause 12clause 7, this Agreement shall also expire expires if the General Meeting does not elect the Member to the office position of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 8.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements mandate or arrangements service agreement that has been agreed upon between the Parties, whether verbal or written, relating parties to the rights and obligations that arise in relation to the performance of the Member's officethis Agreement. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation related to any previous negotiationsmandate, any agreements service agreement or arrangements between the Parties, or any agreements relating to the performance of the Member's his office.
13.9 The Czech and English versions of this 8.9 This Agreement are each is executed in two (2) counterpartscounterparts in Czech and in English. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on Performance of the Office of a Member of the Board of Directors
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCCCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCCapplicable internal regulations of the Company, the CC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- non-contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting. The approved Agreement is then in force as of the day on which the Agreement was entered into or as of the day on which the Member was appointed to the office (in Czech: ode dne vzniku funkce), whichever occurred later.
13.6 12.6 If the General Meeting elects appoints the Member to the office of a member of the Board of Directors Audit Committee for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors Audit Committee in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 1211, this Agreement shall also expire if the General Meeting does not elect appoint the Member to the office of member of the Board of Directors Audit Committee of the Company or does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Audit Committee
Final Provisions. 13.1 12.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 12.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 12.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the applicable internal regulations of the Company, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 12.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 12.5 This Agreement becomes effective upon the election appointment of the Member to the office of member of the Board of Directors Audit Committee of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 12.6 If the General Meeting elects appoints the Member to the office of a member of the Board of Directors Audit Committee for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors Audit Committee in this consecutive term of office.
13.7 12.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12clause 11, this Agreement shall also expire if the General Meeting does not elect appoint the Member to the office of member of the Board of Directors Audit Committee of the Company or does not approve the Agreement.
13.8 12.8 This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 12.9 The Czech and English versions of this Agreement are each executed in two (2) counterparts. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and the Czech language text, the Czech prevails.
Appears in 1 contract
Samples: Agreement on the Performance of the Office of Member of the Audit Committee
Final Provisions. 13.1 Any obligation set out in a) All rights and obligations of the Parties arising from this Agreement cease to apply as of the date of expiry of the Agreement, with the exception of the obligations contained in the provisions hereof, the nature of which warrants their survival of the Agreement.
b) The provisions pertaining to information protection, damage settlement, contractual penalties and dispute resolution remain in effect after the expiry of this Agreement.
c) The Parties hereby acknowledge that is not fully performed upon the termination should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall remain bindingnot invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision.
13.2 If d) This Agreement may be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof. The receiving Party is obligated to provide an opinion on a draft Appendix within 14 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period.
e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech.
f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The BMR Participant hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms.
g) Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices:
i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx)
ii. Appendix 2 – Persons authorized for communication in contractual and operations matters
h) In the event any provision of this Agreement is or becomes invalid or unenforceablesuperseded by new legislation, that shall not affect both Parties hereby undertake to substitute the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any affected provision of this Agreement is found putative (null) within with a new provision ensuing from the meaning of Section 553 (1) of new legislation, or they shall agree upon a provision which will as closely as possible achieve the New Civil Code.
13.3 This Agreement is governed purpose intended by Czech law, in particular by the both Parties when drafting this Agreement. All other provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of officeunaffected.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 i) This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each been executed in two (2) counterpartscounterparts of which each Party receives one original copy. Each Party shall retain one (1) copy The Business Terms are valid and binding for both Parties as of the day of approval by the Energy Regulatory Office and posting on the website xxx.xxx-xx.xx. They are an integral part of this Agreement in each language versionthe electronic form.
j) The Parties hereby acknowledge they have read this Agreement in detail, agree with its contents and are not aware of any obstacles, third party claims or other legal defects that would prevent entering into this Agreement or render it invalid. If there is a conflict or inconsistency between the English language text and the Czech language textIn witness whereof, the Czech prevailsauthorized representatives of the Parties attach their signatures below.
Appears in 1 contract
Final Provisions. 13.1 Any obligation set out in a) All rights and obligations of the Parties arising from this Agreement that is not fully performed upon cease to apply as of the date of expiry of the Agreement, with the exception of the obligations contained in the provisions hereof, the nature of which warrants their survival of the Agreement.
b) The provisions pertaining to information protection, deposit, financial security, damage settlement, contractual penalties and dispute resolution remain in effect after the termination of this Agreement shall remain bindingpursuant to the provisions of Article 7 of this Agreement.
13.2 If c) The Parties hereby acknowledge that should any provision of this Agreement or its Appendices be deemed invalid in the future, then such provision shall not invalidate the other provisions of this Agreement. In such event the invalid provision of the Agreement shall be substituted with an enforceable provision, which will most closely correspond to the contents of the invalid provision.
d) This Agreement can be modified and supplemented solely by attaching written Appendices numbered in a rising order and signed by authorized representatives of the Parties hereof. The other Party is obligated to provide an opinion on a draft Appendix within 14 days following its receipt. The Party which has sent the draft Appendix is bound by it for the same period.
e) Legal relations between the Parties are governed by Czech law. The governing language of the Agreement is Czech.
f) Legal relations between the Parties hereto are governed, aside from the provisions contained in the text of this Agreement, by the Business Terms. The Subject of Settlement hereby acknowledges that the contents of the Business Terms are known to it. In the event any provision of this Agreement diverges from or contradicts the wording of the Business Terms, then the wording of the Agreement supersedes the wording of the Business Terms.
g) Both Parties fully accept the integral parts of this Agreement, attached as the following Appendices:
i. Appendix 1 – Business Terms in the electronic form (xxx.xxx-xx.xx) ii. Appendix 2 – Form for Determining Financial Security iii. Appendix 3 – Persons authorized for communication in contractual and operations matters
h) In the event any provision of this Agreement is or becomes invalid or unenforceablesuperseded by new legislation, that shall not affect both Parties hereby undertake to substitute the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any affected provision of this Agreement is found putative (null) within with a new provision ensuing from the meaning of Section 553 (1) of new legislation, or they shall agree upon a provision which will as closely as possible achieve the New Civil Code.
13.3 This Agreement is governed purpose intended by Czech law, in particular by the both Parties when drafting this Agreement. All other provisions of the BCA and the NCC. The relationships between the Parties which are not expressly defined in this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of officeunaffected.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 i) This Agreement represents the entire agreement between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each been executed in two (2) counterpartscounterparts of which each Party receives one original copy. Each Party shall retain one (1) copy The Business Terms are valid and binding for both Parties as of the day of approval by the Energy Regulatory Office and posting on the Web site xxx.xxx-xx.xx. They are an integral part of this Agreement in each language versionthe electronic form.
j) The Parties hereby acknowledge they have read this Agreement in detail, agree with its contents and are not aware of any obstacles, third party claims or other legal defects that would prevent entering into this Agreement or render it invalid. If there is a conflict or inconsistency between the English language text and the Czech language textIn witness whereof, the Czech prevailsauthorized representatives of the Parties attach their signatures below.
Appears in 1 contract
Samples: Settlement Agreement
Final Provisions. 13.1 8.1 Any obligation set out in this Agreement that is not fully performed upon the termination of this Agreement shall remain binding.
13.2 8.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 8.3 This Agreement is governed by Czech law, in particular by the provisions of the BCA and Commercial Code, with the NCC. The relationships between the Parties which are not expressly defined in exception of those non-mandatory provisions disapplied by this Agreement and which are related to the performance of the Member's office shall be governed by the relevant provisions of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the officeAgreement.
13.4 8.4 The courts of the Czech Republic have exclusive jurisdiction to settle any dispute arising from or in connection connected with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement, any non- contractual obligation arising from this Agreement or in connection with it, or the consequences of its nullity.
13.5 8.5 This Agreement becomes effective upon the election of the Member to the office of member of the Board of Directors of the Company by the General Meeting, and upon the approval of the Agreement by the General Meeting.
13.6 If 8.6 In accordance with clause 7.1.1, if the General Meeting elects employees of the Company elect the Member to the office position of a member of the Supervisory Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective effect also for the duration of the Member's ’s term of office as a member of the Company's Supervisory Board of Directors in this consecutive term of office, however, no later than upon the expiry of the fifth consecutive term of office.
13.7 8.7 For the avoidance of doubt, the Parties expressly state that in addition to the expiration reasons for termination of the Agreement under Clause 12clause 7, this Agreement shall also expire expires if the Company’s General Meeting does not elect the Member to the office position of member of the Supervisory Board of Directors of the Company or does not approve the Agreement.
13.8 8.8 This Agreement represents the entire shall supersede any previous mandate or service agreement that has been agreed upon between the Parties relating to the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between the Parties, whether verbal or written, relating to the rights and obligations that arise in relation to the performance of the Member's officethis Agreement. Changes or amendments to this Agreement shall be agreed between the Member and the Company in writing and are subject to the prior approval of the General Meeting. The Member recognizes that he has no claims against the Company in relation related to any previous negotiationsmandate, any agreements service agreement or arrangements between the Parties, or any agreements relating to the performance of the Member's his office.
13.9 The Czech and English versions of this 8.9 This Agreement are each is executed in two (2) counterpartscounterparts in Czech and in English. Each Party shall retain one (1) copy of this Agreement in each language version. If there is a conflict or inconsistency between the English language text and In case of any discrepancies the Czech language text, the Czech prevailsversion shall prevail.
Appears in 1 contract
Samples: Agreement on Performance of the Office of a Member of the Supervisory Board
Final Provisions. 13.1 Any obligation set out in this Agreement The Contractor acknowledges that the purchase of Service is not fully performed upon the termination of this Agreement shall remain binding.
13.2 If any provision of this Agreement is or becomes invalid or unenforceable, that shall not affect the validity and enforceability of any other provision of this Agreement. This shall also apply to cases where any provision of this Agreement is found putative (null) within the meaning of Section 553 (1) of the New Civil Code.
13.3 This Agreement is governed by Czech law, in particular co-financed by the provisions European Union through the Operational Programme Enterprise and Innovation for Competitiveness. Persons authorized to inspect the grant project (especially grantor, MF, SAO, the European Commission, European Court of the BCA and the NCC. The relationships between the Parties which Auditors, Financial Authority) are not expressly defined in this Agreement and which are authorized to inspect documents related to the performance of the Member's office shall be governed by contract (Service) directly with the relevant provisions Contractor, and that for the time stated of the Articles of Association, the NCC, the BCA and other legal regulations applicable to the performance of the office.
13.4 The courts laws of the Czech Republic have exclusive jurisdiction of archiving. The Contractor is obligated to settle permit verification authorized persons to conduct the inspection, pursuant to the preceding sentence, for the inspect of the laws of the Czech Republic to archiving and to provide them with any dispute arising from or in connection assistance. The Contractor shall comply with this Agreementthe administration, including a dispute regarding the existence, validity or termination filing of this Agreement, any non- contractual obligation arising all documents and accounting documents for min. 10 years from this Agreement or in connection with it, or the consequences of its nullity.
13.5 This Agreement becomes effective upon the election completion of the Member grant project. The Contractor is aware that within the meaning of Section 2 e) of Act No. 320/2001 Coll. On Financial Control in Public Administration and on Amendments to Certain Acts (Act on Financial Control) as amended, is obliged to cooperate in the office performance of member of financial control. The Contract comes into force at the Board of Directors of the Company moment it is signed by the General Meeting, and upon the approval authorized representatives of the Agreement by the General Meeting.
13.6 If the General Meeting elects the Member to the office of a member of the Board of Directors for a consecutive term of office, this Agreement shall remain in force and effective also for the duration of the Member's term of office as a member of the Company's Board of Directors in this consecutive term of office.
13.7 For the avoidance of doubt, the Parties expressly state that in addition to the reasons for termination of the Agreement under Clause 12, this Agreement shall also expire if the General Meeting does not elect the Member to the office of member of the Board of Directors of the Company or does not approve the Agreement.
13.8 both Contracting Parties. This Agreement represents Contract contains the entire agreement between the Parties relating regarding the subject matter hereof, and supersedes all other written or oral agreements made regarding the subject hereof. Any changes to this Contract may be carried out only on the matters defined herein and shall fully supersede any previous negotiations, agreements or arrangements between suggestion of one of the Contracting Parties, whether verbal exclusively in writing by numbered annexes to this Contract, as agreed and signed by both parties. Written forms of communication such as exchange e-mail or written, relating other electronic messages will not be considered binding for this purpose. Attached to this Contract are the Business terms and conditions (hereinafter as “Terms and Conditions”) as a Appendix number 2 of this Contract. By closing of this Contract Contracting Parties obligatorily agrees with all the rights and obligations that arise contained in relation these Terms and Conditions. Definitions used in the Terms and Conditions shall also apply to the performance this Contract. All appendices listed below constitute an integral part of the Member's office. Changes or amendments to this Agreement shall be agreed between the Member Contract: Appendix number 1 – Scope and the Company in writing and are subject to the prior approval description of the General MeetingService Appendix number 2 – Business terms and conditions. The Member recognizes that he has no claims against the Company in relation to any previous negotiations, any agreements or arrangements between the Parties, or any agreements relating to the performance of the Member's office.
13.9 The Czech and English versions of this Agreement are each This Contract is executed in two (2) counterpartscopies, each with the legal force of an original. Each Party The Contractor and the Client shall retain each receive one (1) copy of this Agreement in each language versionContract. If there is a conflict or inconsistency between Contracting Parties have read the English language text Contract and declare that it was written on the basis of true data and their free will, seriously, definitely, comprehensibly, and that they are aware of any facts preventing the conclusion of this Contract and the Czech language text, fulfillment of obligations deriving from it. In witness of consent to the Czech prevailscontent of the Contract is carried out by the Contracting Parties attaching their signatures below. In Plzen dated …………………………….. In ………………….……. dated ……………. ………………………………………………... ………………………………………………...
Appears in 1 contract
Samples: Contract for Testing for the Development of a New Electric Motor Isolation System