Common use of General Clauses Clause in Contracts

General Clauses. Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered or mailed to it by registered mail addressed to it at its last address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained will take effect or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee or in any promissory notes, agreements, or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee or any of the said promissory notes, agreements or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee to abandon any of the other remedies. The lien and charge xxxxxx created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgage.

General Clauses. (a) Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered or mailed to it by registered mail addressed to it at its last address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. . (b) No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained will take effect or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. . (c) A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee or in any promissory notes, agreements, or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee or any of the said promissory notes, agreements or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee to abandon any of the other remedies. . (d) The lien and charge xxxxxx created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. . (e) If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. . (f) If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and and (ii) provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. . (g) The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgage.

General Clauses. (a) Any notice required attempted or permitted to purported assignment or other transfer, sublicense, mortgage or other encumbrance of this License and the rights granted herein by Licensee without the prior written approval of MTVN shall be given void and of no effect. This Agreement and the rights and obligations of the parties hereunder shall be binding upon and shall inure to the Mortgagor benefit of MTVN and Licensee and their respective legal representatives, successors in interest and permitted assigns. (b) Nothing herein contained shall be construed to constitute a partnership or joint venture between the parties hereto, and neither Licensee nor MTVN shall become bound by any representation, act or omission of the other. Licensee is an independent contractor in the manufacture, advertisement, sale and distribution of the Licensed Products, and Licensee will pay all sales taxes and other taxes or charges imposed on Licensee or MTVN, except for MTVN's corporate income tax, by any law, ordinance or requirement of any government or governmental instrumentality in connection with this mortgage may be delivered or mailed to it by registered mail addressed to it at its last address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. No therewith. (c) A waiver by the Mortgagee of the performance either party of any covenant, proviso, condition terms or agreement herein contained will take effect conditions of this Agreement in any instance shall not be deemed or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. (d) This Agreement and all matters or issues collateral thereto shall be governed by the laws of the sameState of New York applicable to contracts performed entirely therein. A default In any such action or proceeding, service of process upon Licensee may be accomplished by sending such process in the due observance manner specified herein for the giving of notice to Licensee. Licensee hereby consents and submits to the jurisdiction of the Federal, and/or state court located in New York. (e) The entire understanding between the parties hereto relating to the subject matter hereof is contained herein and no warranties, representations or performance undertakings are made by the Mortgagor of any of its covenants contained parties hereto except as expressly provided herein. This Agreement cannot be changed except in the Guarantee or in any promissory notes, agreements, or other securities which may now or at any time be held or taken writing signed by the Mortgagee in respect of the Indebtedness will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms parties. (f) The paragraph titles of this mortgage. If Agreement are for convenience only and shall not affect the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect interpretation of this mortgage or in respect of the Guarantee Agreement or any paragraph thereof. (g) The parties hereto agree to execute such other writings, documents and instruments as may be necessary or desirable to effectuate the purposes of the said promissory notesthis Agreement. (h) Notwithstanding any termination, agreements cancellation or other securitiesexpiration of this Agreement, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee following provisions hereof that are intended to abandon any of the other remedies. The lien continue and charge xxxxxx created will take effect immediately on the execution of this mortgage, survive are paragraphs: 3 (d); 6-10; 11 (b); and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will:13-15. (i) maintain proper records and books of account with respect to This Agreement shall be interpreted as if the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgageparties hereto jointly prepared it.

General Clauses. Any notice 17.1 The Allottee hereby confirms being of legal capacity and competence to execute this AFS and that all clearances, approvals, consents, permissions, sanctions or anything required under Applicable Laws and agreements executed by the Allottee with any third party to execute this AFS have been duly obtained and shall be maintained as may be required of the Allottee under Applicable Laws. The Promoter shall not be required to verify whether the Allottee is in such compliance and it shall be incumbent on the Allottee to ensure that no violation of Applicable Laws or permitted breach of any agreements executed by the Allottee are committed by the Allottee in executing this AFS. The Allottee undertakes to be given exclusively responsible and fully liable for the same and agrees to keep the Promoter saved, indemnified and harmless in this connection at all times. 17.2 The Allottee shall comply with all legal requirements for purchase of the Apartment after execution of the AFS and sign all requisite applications, consents, declarations, NOCs, deeds, forms, affidavits, undertakings etc. as may be required for the purpose. 17.3 The Promoter shall compensate the Allottee in case of any loss caused to him due to the Mortgagor defective title of the Land, in connection the manner provided as provided under the Real Estate Act and the claim for compensation under this Clause shall not be barred by limitation provided under any law for the time being in force. 17.4 If the Allottee is required to pay any commission, brokerage or any consideration to any person under any agreement that the Allottee may have with this mortgage may such person for any services rendered or costs and expenses incurred thereby by such person to the Allottee in respect of the Apartment, the Promoter shall not be delivered liable or responsible for the same and no commission, brokerage or consideration shall be deductible from the Total Price. 17.5 The Allottee shall inform the Promoter in writing of any change in the mailing / correspondence address mentioned herein failing which all notices by the Promoter shall be mailed to it by registered mail addressed to it at its last the address as shown on the records of the Mortgagee. Such notice will given in this AFS and shall be conclusively deemed to have been duly served upon and received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. No waiver by the Mortgagee Allottee. 17.6 Any change in any Applicable Laws shall automatically entitle the Promoter to make such amendments, alterations, modifications and changes in the Project or any part thereof and in this AFS, as such change in the Applicable Laws may require in the best interest of the performance of any covenant, proviso, condition or agreement herein contained will take effect or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach development of the same. A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee or in any promissory notes, agreements, or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee or any of the said promissory notes, agreements or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee to abandon any of the other remedies. The lien and charge xxxxxx created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgageProject.

General Clauses. Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered personally or be mailed to it by registered mail addressed to it the Mortgagor at its last known address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three 3 business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. Whenever the Mortgagee is given the right, permission or discretion to take some step or to exercise some remedy pursuant to this mortgage, the Mortgagee will have no obligation to exercise or act on the right, permission or discretion or to do anything whatsoever pursuant thereto. The Mortgagee will have no liability whatsoever for choosing not to exercise or act, in whole or in part, on such right, permission, discretion or remedy. No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained or implied will take effect or be binding on the Mortgagee unless the same is expressed in writing by from the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee or in any promissory notes, agreements, collateral security or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness sum secured hereby will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee or any of the said promissory notes, agreements notes or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies remedies, this will not constitute an election by the Mortgagee to abandon any of the other remedies. The lien and charge xxxxxx created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. If the Mortgagor operates a business on at the lands Premises or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgage.

General Clauses. (a) Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered personally or be mailed to it by registered mail addressed to it the Mortgagor at its last known address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three 3 business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. (b) Whenever the Mortgagee is given the right, permission or discretion to take some step or to exercise some remedy pursuant to this mortgage, the Mortgagee will have no obligation to exercise or act on the right, permission or discretion or to do anything whatsoever pursuant thereto. The Mortgagee will have no liability whatsoever for choosing not to exercise or act, in whole or in part, on such right, permission, discretion or remedy. (c) No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained or implied will take effect or be binding on the Mortgagee unless the same is expressed in writing by from the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. . (d) A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee or in any promissory notes, agreements, collateral security or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness sum secured hereby will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee or any of the said promissory notes, agreements notes or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies remedies, this will not constitute an election by the Mortgagee to abandon any of the other remedies. The lien and charge xxxxxx created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. . (e) If the Mortgagor operates a business on at the lands Premises or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income revenue and expenses related theretoto the Premises. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; (ii) maintain an operating account at a branch of the Mortgagee; and and (iii) provide to the Mortgagee Mortgagee: (A) such financial statements for the Mortgagor as may be requested by the Mortgagee; and (B) such other information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee from time to time reasonably requests. (f) Neither the execution nor registration of this mortgage nor the advance or re-advance of part of the monies hereby intended to be secured will bind the Mortgagee to advance or re-advance the said monies or any unadvanced part thereof. The advance or re- advance of the said monies or any part thereof from time to time will be in the sole discretion of the Mortgagee. The lien and charge hereby created will take effect forthwith on the execution of this mortgage, notwithstanding that the balance owing may fluctuate, may from time to time request. The be reduced to a nil balance, or that monies advanced may be repaid and further advances made. (g) If the Mortgagor is a body corporate it will fulfill or comply with maintain its separate corporate existence and do all such additional terms, conditions and covenants, if any, things as are contained required in order to permit it to carry on Schedule "B" to this mortgageits business.

General Clauses. (a) Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered or mailed to it by registered mail addressed to it at its last address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. mortgage.‌‌ (b) No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained will take effect or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. . (c) A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee Obligations or in any promissory notes, agreements, or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness Obligations will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee Obligations or any of the said promissory notes, agreements or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee to abandon any of the other remedies. remedies.‌ (d) The lien and charge xxxxxx hereby created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. . (e) If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. . (f) If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will: (i) maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and and (ii) provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. . (g) The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgage.

General Clauses. Any notice required or permitted to be given to the Mortgagor in connection with this mortgage may be delivered or mailed to it by registered mail addressed to it at its last address as shown on the records of the Mortgagee. Such notice will be conclusively deemed to have been received on the date of delivery or three business days after the date of mailing. No want of notice or publication when required by this mortgage or by any statute, nor any impropriety or irregularity, will invalidate any sale made or purported to be made under this mortgage. No waiver by the Mortgagee of the performance of any covenant, proviso, condition or agreement herein contained will take effect or be binding on the Mortgagee unless the same is expressed in writing by the Mortgagee or its duly authorized agent. Such waiver will not nullify such covenant, proviso, condition or agreement, affect its future enforcement or be a waiver of any subsequent breach of the same. A default in the due observance or performance by the Mortgagor of any of its covenants contained in the Guarantee Obligations or in any promissory notes, agreements, or other securities which may now or at any time be held or taken by the Mortgagee in respect of the Indebtedness Obligations will, in addition to its usual effect, have the same effect and give rise to the same rights and remedies as a default under the terms of this mortgage. If the Mortgagee becomes entitled to take legal proceedings of any nature whatsoever against the Mortgagor in respect of this mortgage or in respect of the Guarantee Obligations or any of the said promissory notes, agreements or other securities, the Mortgagee may either concurrently with such suit, successively or otherwise, pursue any or all of its other remedies. If the Mortgagee pursues one or other of the said remedies this will not constitute an election by the Mortgagee to abandon any of the other remedies. The lien and charge xxxxxx hereby created will take effect immediately on the execution of this mortgage, and will secure the full amounts referenced in paragraph 2 hereof. If the Mortgagor is a body corporate it will maintain its separate corporate existence and do all such things as are required in order to permit it to carry on its business. If the Mortgagor operates a business on the lands or otherwise derives revenue therefrom the Mortgagor will: (i) : maintain proper records and books of account with respect to the operation of its business on the Lands and the income and expenses related thereto. The Mortgagor will allow the Mortgagee's representatives at all reasonable times to inspect all such records and books of account as such representatives may deem necessary; and provide to the Mortgagee such information, financial or otherwise, as to the business and affairs of the Mortgagor, in relation to the Mortgagor being able to observe and perform its obligations to the Mortgagee under this mortgage, as the Mortgagee may from time to time request. The Mortgagor will fulfill or comply with such additional terms, conditions and covenants, if any, as are contained on Schedule "B" to this mortgage.