General Acknowledgments. Borrower acknowledges and agrees to the following:
(a) The foregoing recitals are hereby incorporated into and made a part of this Agreement by this reference;
(b) Capitalized terms used but not defined herein have the meanings set forth in the Loan Agreement;
(c) Neither this Agreement nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of any of the Loan Documents, or any rights or obligations thereunder, or a waiver by Lender of any of its rights under the Loan Documents or at law or in equity;
(d) Except as specifically set forth herein, neither this Agreement nor any other agreement executed in connection herewith pursuant to the terms hereof, nor any actions taken pursuant to this Agreement or such other agreement shall be deemed to cure any Event of Default which may exist under the Loan Documents, or to be a waiver by Lender of any Event of Default under the Loan Documents, or of any rights or remedies in connection therewith or with respect hereto, evidencing the parties’ intention that Borrower’s obligations under the Loan Documents shall remain in full force and effect;
(e) All liens, security interests, rights and remedies granted to Lender for its benefit under the Loan Documents are hereby renewed, confirmed and continued; and
(f) Borrowers reaffirm the validity, binding effect and enforceability of each of the Loan Documents, as modified by provisions of this Agreement, and acknowledge that Borrower is liable to Lender for the full amount of the principal and interest evidenced by the Loan Documents (as modified hereby), without offset, deduction, claim, counterclaim, defense or recoupment of any kind.
General Acknowledgments. (a) Borrowers and Guarantor fully and finally waive any notice or demand from Lender to Borrowers or Guarantor in connection with the Existing Defaults.
(b) By reason of the Existing Defaults Lender has the right to, at its option, declare all Obligations immediately due and payable.
(c) As a result of the Existing Defaults, Lender has no further obligation to make any further advances or extensions of credit to any Borrower.
(d) Neither this Agreement nor any other agreement executed in connection herewith or pursuant to the terms hereof, nor any actions taken pursuant to this Agreement or such other agreement shall be deemed to cure the Existing Defaults or any other Events of Default which may exist under the Loan Agreement or the other Loan Documents or to be a waiver by Lender of the Existing Defaults or any other defaults or Events of Default under the Loan Agreement or the other Loan Documents, or of any rights or remedies in connection therewith or with respect thereto, it being the intention of the parties hereto that the obligations of Borrowers and Guarantor with respect to the Loan Agreement and the other Loan Documents are and shall remain in full force and effect
General Acknowledgments. I understand that the practice of medicine and surgery is not an exact science. No promise of cure or outcome of treatment has been made to me. I understand that many of the physicians who care for me in this Facility are not employees or agents of the Facility but are allowed by the Facility to provide for the care and treatment of their patients. I understand that the Facility is not liable for any acts or omissions of, or the instructions given by, such independent contractors who treat me at the Facility. I understand that it is my responsibility to follow the instructions of my care providers and to make arrangements for follow up care. I understand that in the course of diagnosis and treatment, cells, tissues and/or parts may be removed from my body. I authorize Facility personnel to preserve or use such cells, tissues, or parts for teaching purposes and/or dispose of any cells, tissues or parts that are removed.
General Acknowledgments. Officer and Employer expressly agree that the restrictions on Officer's activities imposed under Section 10 are reasonable and necessary to protect the trade secrets of Employer. The parties expressly agree that (i) Officer is benefited by these restrictions, insofar as other persons in similar managerial positions with Employer have entered or will enter into similar agreements with Employer, and (ii) these restrictions are reasonable and necessary to protect Employer and its subsidiaries from loss of property rights and from competing efforts. The parties further expressly agree that, if any court of competent jurisdiction determines that any provision of Section 10 is unreasonable, the court will not declare the provision invalid, but rather will reform and modify the provision, and enforce the provision, to the maximum extent permitted by law. The existence of any claim or cause of action of Officer against Employer, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by Employer of the provisions of Section 10.
General Acknowledgments. Employee and Employer expressly agree that the restrictions on Employee's activities imposed under Section 8 are reasonable in their temporal and geographic scope and with respect to the nature of the activities so restricted and that the restrictions on Employee's activities imposed under Section 9 are reasonable and necessary to protect the trade secrets and other Confidential Information of Employer. The parties expressly agree that (i) Employee is benefitted by these restrictions, insofar as other persons in similar managerial positions with Employer have entered or will enter into similar agreements with Employer, (ii) these restrictions are reasonable and necessary to protect Employer and its subsidiaries from loss of property rights and from competing efforts, and (iii) because of these restrictions Employer is willing to share its trade secrets and confidential information with Employee to enable Employee to perform his or her duties. The parties further expressly agree that, if any court of competent jurisdiction determines that any provision of Section 8 or Section 9 is unreasonable, the court will not declare the provision invalid, but rather will reform and modify the provision, and enforce the provision as reformed and modified, to the maximum extent permitted by law. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by Employer of the provisions of Section 8 or Section 9.
General Acknowledgments. Customer acknowledges that WISP may establish general practices and limits concerning use of the service, including without limitation (i) the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the service, (ii) the maximum number of email messages that may be sent from or received by an account on the service, (iii) the maximum size of any email message that may be sent from or received by an account on the service, (iv) the maximum disk space that will be allotted on WISP's servers on Customer's behalf. Customer agrees that WISP has no responsibility or liability for the failure of the service and the deletion of other Content maintained or transmitted by the service. WISP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
General Acknowledgments. You understand and acknowledge that, while SMBX will verify such information to the extent such verification is required under applicable law, it may rely on the truthfulness of your representations regarding your income, net worth, and/or your prior participation in Reg Crowdfunding Offerings in the prior 12 months when determining whether to permit you to participate in a particular Reg Crowdfunding Offering. • You acknowledge that you are limited in the amount you may invest in offerings under Regulation Crowdfunding over any 12 month period and that, even though SMBX will ask you about these investment amounts and store data regarding such amounts on the App and Site, you alone are responsible for complying with all investment limitations applicable to all such Offerings, both through the App and Site and not through the App and Site; • You understand that any investment you make in a Reg Crowdfunding Offering on the App or Site will be in a security of the particular Small & Medium Business or Startup (“Small & Medium Business Securities” or "Startup Securities"), and that neither SMBX nor any of its affiliates will be involved in the setting of the Offering Terms or the management of the Small & Medium Business or Startup. • You represent that you have or you will review the educational materials provided to you on SMBX App, Site or portion of the App or Site prior to making each investment in a Reg Crowdfunding Offering.
General Acknowledgments. Officer and Employer expressly agree that the restrictions on Officer's activities imposed under Section 10 are reasonable in their temporal and geographic scope and with respect to the nature of the activities so restricted and that the restrictions on Officer's activities imposed under Section 11 are reasonable and necessary to protect the trade secrets of Employer. The parties expressly agree that (i) Officer is benefited by these restrictions, insofar as other persons in similar managerial positions with Employer have entered or will enter into similar agreements with Employer, and (ii) these restrictions are reasonable and necessary to protect Employer and its subsidiaries from loss of property rights and from competing efforts. The parties further expressly agree that, if any court of competent jurisdiction determines that any provision of Section 10 or Section 11 is unreasonable, the court will not declare the provision invalid, but rather will reform and modify the provision, and enforce the provision, to the maximum extent permitted by law. The existence of any claim or cause of action of Officer against Employer, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by Employer of the provisions of Section 10 or Section 11.
General Acknowledgments. Xxxxxx is responsible to keep track of his own time and agrees to pay for all overtime use of Boat at the rental rate of $15 per 15 minute interval.
General Acknowledgments. The parties acknowledge that: (a) the City has entered into this Agreement pursuant to the Development Agreement Statutes and its police power in order to address public health and safety and general welfare concerns including those relating to the amount, density, intensity and timing of development on the Project Site and the need for public facilities and infrastructure in connection with the Project Site and other property in the area; (b) there is authority under the police power to address public health and safety concerns that cannot be legally relinquished or restricted by this Agreement and that such authority is intended to be reserved and hereby is reserved to City hereunder; and (c) nothing herein shall be construed to limit or restrict the exercise by the City of its power of eminent domain.
