GENERAL A. Nothing in this Agreement shall create, or be deemed to create a partnership or relationship of employer and employee or that of Principal and Agent between the Parties. B. Each Party acknowledges that in entering into this Agreement, it does not do so on the basis of, and does not rely on, any representation or warranty or other provision except as expressly provided herein. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act. C. Each Party warrants to the other Party that it has full power and authority to enter into this Agreement.
GENERAL A. The parties may mutually agree to involve a facilitator or mediator at any stage of the Dispute Resolution Process.
GENERAL A. Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by the authorized representatives of both parties.
GENERAL A. Subject to the limitations and conditions hereinafter set forth, GULFSTREAM warrants that the Primary and Secondary Structure and the Components of the Aircraft supplied hereunder shall
(a) at the Delivery Time be free from: (i) defects in material or workmanship, (ii) defects arising from the selection of material or process of manufacture, (iii) defects inherent in the design thereof in view of the state of the art at the time of design thereof;
(b) at the Delivery Time and throughout the periods identified in Section 6.2, be free from: (i) defects arising from the failure to conform to the Product Specification as it may be changed pursuant to this Agreement, except failure to conform to such portions of the Product Specification stated to be estimates, approximations, design objectives or design criteria, or described as not guarantees, and (ii) defects arising from the failure to conform to the FAA Type Certificate, as the Type Certificate existed at the Delivery Time; and (c) at the Delivery Time and throughout the periods identified in the BMW Rolls-Royce GmbH warranty provided under Section 6.7, be free from: (i) defects in workmanship furnished by GULFSTREAM in the process of installation of the engines and nacelles, and (ii) defects inherent in the design of the installation of the engines and nacelles in view of the state of the art at the time of the design thereof.
GENERAL A. Subject to clause 14.01, an employee is entitled to overtime compensation for each completed period of fifteen (15) minutes of overtime worked by him: i. when the overtime work is authorized in advance by the Employer or is in accordance with standard operating instructions, and ii. when the employee does not control the duration of the overtime work.
GENERAL A. Assignment Neither Party will assign their rights or delegate or subcontract their duties under this Subcontractor Agreement to third parties without the prior written consent of the other Party, such consent not to be withheld unreasonably. However, this Subcontractor Agreement may be assigned by either party in conjunction with the sale of a substantial part of its business utilizing this Subcontractor Agreement. Any unauthorized assignment of this Subcontractor Agreement is void. B. Force Majeure Neither Party will be considered in default or liable for any delay or failure to perform any provision of this Subcontractor Agreement if such delay or failure arises directly or indirectly out of an act of God, acts of the public enemy, freight embargoes, quarantine restrictions, unusually severe weather conditions, insurrection, riot, and other such causes beyond the reasonable control of the Party experiencing the delay or failure to perform (excluding labor disputes affecting a Party and its suppliers, contractors and subcontractors), provided the affected Party notifies the other Party as soon as is reasonably practicable. C. Limitation of Actions Neither Party will bring a legal action under this Subcontractor Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation. D. Governing Law The Parties consent to the application of the laws of the country in which the transaction is executed and performed, to govern, interpret, and enforce all of each Party’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Subcontractor Agreement, without regard to conflict of law principles. In the United States, this Subcontractor Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of New York. The Parties expressly waive any right to a jury trial regarding disputes arising under or related to this Subcontractor Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply. E.
GENERAL A. Buyer's execution of this Agreement constitutes Buyer's offer to purchase, on the terms and conditions set forth herein, the equipment described in this agreement, and such offer is irrevocable for thirty (30) days after Buyer executes and delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for sixty (60) days after the bid date provided a firm order is received at the factory within that time period and provided approved Submittal Data is received at the factory within forty-five (45) days from the date submittals are forwarded from the factory. In the event firm orders and Submittal Data are not received by Seller within the times set forth above, then price and delivery estimates may change due to changes in the costs of material and labor and/or factory capacity at the time when the firm orders or approved Submittal Data is received by Seller. Seller reserves the right to amend this Sales Agreement if not signed and returned within sixty (60) days from the quotation date. In the event we are unable to ship within estimated period for reasons beyond our control, including a request by the Buyer to defer shipment, the prices are subject to adjustment to those prevailing at the time of shipment, but will not exceed 1-1/2% per month.
B. THIS AGREEMENT IS NOT BINDING ON SELLER UNLESS SIGNED ON SELLER'S BEHALF BY AN OFFICER OR MANAGER OF SELLER.
C. This Agreement constitutes the entire contract between the parties with respect to said equipment (any prior agreement, representation, covenant or warranty, written or oral, being superseded hereby) and may not be amended or modified except by a written instrument duly executed by both parties, the provisions of any purchase order or other document submitted by or on behalf of Buyer to the contrary notwithstanding.
D. All notices hereunder are to be in writing and mailed postage prepaid to the party being notified at the address indicated in this agreement or at such other address as may be designated in writing.
E. Remedies provided for herein are cumulative and are in addition to all other remedies as may be available at law or in equity.
F. This Agreement is governed by and subject to the laws of the State of Kansas and the Buyer by executing this agreement agrees to submit to the Jurisdiction of the State of Kansas and the venue for any disputes between the parties will be in the District Court of Xxxxxxx County, Kansas, or the Federal District Court...
GENERAL A. Failure on the part of either party (the "first party") to insist on strict compliance by the other with any provisions of this Agreement shall not constitute a waiver of the other party's obligations in respect thereof, or of the first party's right hereunder to require strict compliance therein in the future.
b. This Agreement sets forth the entire understanding of the parties as to the matters included herein, and can be amended or extended only by written Agreement signed by both parties.
c. This Agreement shall be binding upon and inure to the benefit of the parties hereto and permitted assigns, and Consultant shall not convey or assign his rights or obligations hereunder without the prior written consent of the Company.
d. The obligations set forth in this Agreement are severable and divisible, and any clause or portion not enforceable thereof shall not cause the remainder of such clause or of the other obligations contained herein from being enforceable.
GENERAL A. End-User and its authorized users are responsible for the use of the Cloud Service within any professional practice and should obtain their own expert advice. End-User is responsible for its use of TUNGSRAM IS products and services.
b.) A Cloud Service or feature of a Cloud Service is considered "Preview" when TUNGSRAM IS makes such services or features available at no charge, with limited or pre-release functionality, or for a limited time to try available functionality (such as beta, trial, no-charge, or preview designated Cloud Services). Preview services are excluded from Service Level Availability agreements. A Preview service may not be covered by support and TUNGSRAM IS may change or discontinue a Preview service at any time and without notice. TUNGSRAM IS is not obligated to release a Preview service or make an equivalent service generally available. Preview services are made available as-is, without warranties of any kind. c). Account Data is information, other than Content, that End- User provides to TUNGSRAM IS to enable End-User's use of a Cloud Service or that TUNGSRAM IS collects using tracking technologies, such as cookies and web beacons, regarding End-User's use of a Cloud Service. TUNGSRAM IS, its affiliates, and contractors of either, may use Account Data, for example, to enable product features, administer use, personalize experience, and otherwise support or improve use of the Cloud Service.
GENERAL A. This Agreement contains the entire understanding of the parties, shall supersede any other oral or written agreements, and shall ensure to the benefit of Company's successors and assigns. It may not be modified in any way without the written consent of both parties.
