Common use of General Contract Provisions Clause in Contracts

General Contract Provisions. Any and all Schedules to this Agreement form a part hereof. No amendment, waiver, discharge or release of this Agreement shall be binding or enforceable unless made in writing signed by all of the parties hereto. Time is and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent default. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and all other provisions of this Agreement shall remain in full force and effect and be binding upon the parties hereof. The headings set forth in this Agreement are inserted for convenience and reference only and shall in no way define or limit the intent or interpretation of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the context. This Agreement shall be read and construed with all changes of gender and number of the party or parties referred to in each case as required by the context, and the covenants and agreements of each party shall be deemed to be joint and several where such party is more than one person, firm or corporation. With respect to each party which is a partnership, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership shall be and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent of the limited liability of any such person that is a limited partner of such partnership.

General Contract Provisions. Any and all Schedules to this Agreement form a part hereof. No amendment, waiver, discharge or release of this Agreement 7.01 This agreement shall be binding or enforceable unless made in writing signed governed by all the laws of Canada to the extent they apply and by the laws of the parties hereto. Time is Province of Ontario. 7.02 All words and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent default. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and all other provisions of this Agreement shall remain in full force and effect and be binding upon the parties hereof. The headings set forth in this Agreement are inserted for convenience and reference only and shall in no way define or limit the intent or interpretation of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the context. This Agreement personal pronouns relating thereto shall be read and construed with all changes of as the number and gender and number of the party or parties referred to in each case as required by the context, require and the verb shall be construed as agreeing with the required word and/or pronoun. 7.03 Time shall be of the essence of this agreement and every part herein and no extension or violation of the Agreement shall operate as a waiver of this provision. 7.04 If the Purchaser is two or more persons, the representations, warranties and covenants and agreements on the part of each party the Purchaser herein made shall be deemed to be the joint and several where representations, warranties and covenants of such party is more than one person, firm or corporation. With persons. 7.05 This Agreement shall constitute the entire agreement between the parties hereto with respect to each all of the matters herein and no warranty, representation, covenant or condition pertaining to any of such matters shall have any force and effect whatsoever unless contained in this Agreement. 7.06 This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings and discussions, whether oral or written, and there are no warranties or representations between the parties except as expressly provided in this agreement. 7.07 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.08 All communications provided for herein shall be in writing and shall be personally delivered to an officer or other responsible employee of the addressee or sent by telefacsimile or other direct written electronic means, charges prepaid, at or to the applicable address or telefacsimile number, as the case may be, set opposite the party's name below or at or to such other address or addresses or telefacsimile number or numbers as any party hereto may from time to time designate to the other parties in such manner. Any communication which is personally delivered as aforesaid shall be deemed to have been validly and effectively given on the date of such delivery if such date is a partnershipBusiness Day (as hereinafter defined) and such delivery was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of delivery. Any communication which is transmitted by telefacsimile or other direct written electronic means as aforesaid shall be deemed to have been validly and effectively given on the date of transmission if such date is a Business Day and such transmission was made during normal business hours of the recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of transmission. For the purposes hereof, "Business Day" shall mean any day other than a Saturday, Sunday or statutory or civic holiday in the City of Toronto, Province of Ontario. To the Purchaser, Xxxxxx, 00 Xxxxxxx Xxxxx - Xxxx 0 or Purchaser Principal at: Xxxxxxx, Xxxxxxx X0X 0X0 Phone: (000) 000-0000 Fax: (000) 000-0000 with a copy to: Xxxxxx Xxxxxxxx Xxxxxxxxxx, LLP Barristers & Solicitors 000 Xxx Xxxxxx - Xxxxx 0000 Xxxxxxx, Xxxxxxx X0X 0X0 Phone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxxxxxxx@xxxx.xxx 7.09 This Agreement may be executed in multiple counterparts, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership which shall be deemed an original and continue to all of which taken together shall be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be but a partner of such partnership, subject to and only to the extent of the limited liability of any such person that is a limited partner of such partnershipsingle instrument.

General Contract Provisions. Any and all Schedules 1. Subject to this Agreement form a part the provisions of SECTION 12 hereof. No amendment, waiver, discharge no change or release modification of this Agreement shall be binding or enforceable valid unless made it be in writing and signed by all of the parties heretoeach party. 2. Time is and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to The headings used in this Agreement may are for convenience only and are not to be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as considered a waiver or limitation of such party's rights hereunder in respect of any subsequent default. If any provision part of this Agreement and do not in any way limit or amplify the application thereof to any person or circumstance terms and provisions of this Agreement. 3. It is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and intended that all other provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void or unenforceable for any reason, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force and effect force. 4. This Agreement shall ensure to the benefit of and be binding upon on the parties hereof. The headings set forth in this Agreement are inserted for convenience respective heirs, executors, administrators and reference only and shall in no way define or limit the intent or interpretation permitted assigns of any each of the provisions hereofparties. 5. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated Both parties agree to the contrary, use of electronic communication and e-signatures for contract execution. Either party will have the word “including” or any other derivation or variation of that word means, as option to execute the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the contextagreement through original signature. 6. This Agreement shall be read governed by and construed in accordance with all changes of gender and number the laws of the party or province of Ontario, Canada. The parties referred submit themselves to in each case as required the exclusive jurisdiction of the courts of that country. 7. This Agreement is not assignable by the contextXXXXXXX without the prior written consent of LPI. Any attempt to assign any of the rights, and duties or obligations of this Agreement 8. The failure on the covenants and agreements part of each either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be joint and several where such party is more than one person, firm or corporation. With respect to each party which is a partnership, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership shall be and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent of the limited liability waiver of any such person that right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 9. All provisions and details of this Agreement may be considered public information by the XXXXXXX and disclosed, at will, to whomever or whatever the XXXXXXX chooses. 10. Upon default by one of the Parties under any terms of this Agreement, and at any time after the default, the aggrieved Party shall have all rights and remedies provided by law and by this Agreement. No single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, the aggrieved Party may remedy any default by the Party in default of this Agreement in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Party in violation of this Agreement. All rights and remedies of the aggrieved Party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. 11. If there is a limited partner any conflict between the terms and conditions of such partnershipthis Agreement and the PROGRAM guidelines, the terms and conditions of the PROGRAM guidelines shall prevail.

General Contract Provisions. Any and all Schedules to All notices given under this Agreement form a part hereof. No amendment, waiver, discharge or release must be in writing and delivered to the receiving Party at the address set forth on the first page of this Agreement Agreement, or addressed to the recipient which the receiving Party has most recently designated for itself by proper notice. Notices will be deemed given when actually received. In providing the Services hereunder, uBack is acting as and shall be binding considered to be an independent contractor. Nothing contained herein shall be deemed or enforceable unless made in writing signed by all construed as creating the relationship of partnership, employer/employee, joint employers or joint venture between the parties hereto. Time is and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent defaultParties. If any provision of this Agreement is found unenforceable by a court, the remaining provisions shall remain in effect, and the Parties intend for the unenforceable provision to be enforced to the maximum extent permissible. This Agreement cannot be modified except in a writing executed by authorized representatives of both Parties. No waiver of a Party’s performance will be effective unless expressly stated in writing and signed by an authorized representative of the waiving Party. This Agreement may not be assigned by either Party without the other Party’s prior written consent, and without consent any purported assignment will be null and void, except that uBack may, without the Client’s consent, assign this Agreement pursuant to a merger or reorganization, or in connection with the application thereof sale of all or substantially all of its assets to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall which this Agreement relates. This Agreement will be considered separate binding upon each Party’s successors and severable herefrom and all other provisions permitted assignees. There are no intended third-party beneficiaries of this Agreement shall remain in full force and effect and be binding upon (and, for the parties hereofavoidance of doubt, no Participating User is an intended third-party beneficiary of this Agreement). The section titles and headings set forth in this Agreement are inserted for convenience and of reference only and shall may not be used to interpret the Agreement. This Agreement may be executed in no way define or limit the intent or interpretation multiple counterparts, all of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described personswhich will be considered original copies, things, events or other items, unless expressly stated to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the contextbut together will constitute only a single contract. This Agreement shall be read interpreted and construed with all changes of gender and number governed according to the laws of the party or parties referred State of Delaware, without giving effect to any conflict of laws principles that would obtain a different result. The Parties agree that any disputes arising under this Agreement shall be resolved exclusively in the state courts located within New Castle County in the State of Delaware and each case as required by Party consents to the contextpersonal jurisdiction of such courts. This Agreement is the entire contract between the Parties regarding the subject matter herein, and this Agreement supersedes all prior and contemporaneous understandings regarding that subject matter. highlight all that apply): Nonprofit Organization Engagement Leaderboard Nonprofit Organization Donation of Goods Nonprofit Organization Donations User Profile Creation and Management Nonprofit Organization Corporate Partner listings Nonprofit Event sign-up via the covenants App Nonprofit Event listings via the App Nonprofit Organization Profiles Search, find and agreements of each party shall be deemed to be joint and several where such party is more than one person, firm or corporation. With respect to each party which is a partnership, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership shall be and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent of the limited liability of any such person that is a limited partner of such partnership.explore functionality • • • • • • • • •

General Contract Provisions. Any and all Schedules to this Agreement form a part hereofThis Lease together with its exhibits, contains the entire agreement between the parties. No amendmentoral or written statements or representations not contained in this Lease shall have any force or effect. This Lease cannot be modified or terminated orally, waiver, discharge or release of this Agreement shall be binding or enforceable unless made in but only by a writing signed by Landlord and Tenant, except for a termination expressly permitted by this Lease. If more than one party executes this Lease as “Tenant,” the liability of all such signatories shall be joint and several. This Lease may be executed in any number of counterparts, each of which shall be an original and all of which shall be one and the same instrument. Any counterpart of this Lease may be delivered via facsimile, email (.pdf format) or other electronic transmission, and shall be legally binding upon the parties heretohereto to the same extent as originals. Time is and Neither this Lease nor any memorandum, thereof shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing be recorded in any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent defaultpublic records. If any provision of this Agreement Lease shall be declared by a court to be invalid, the remainder of this Lease shall not be affected, provided the intent of the parties can still be effectuated. Each of Landlord and Tenant represents that the person signing this document on behalf of such party represents (by such signature) that he or she has been duly authorized by such party to execute this document and that such signature creates a binding obligation of such party. This Lease is binding upon the application thereof heirs, assigns and successors in interest to the parties. Tenant shall pay Landlord a Fifty Dollar ($50.00) charge for each returned check. The captions of Articles and Sections are for convenience only and shall not be deemed to limit, construe, affect or alter the meaning of such Articles and Sections. Time is of the essence of this Lease and each of its provisions. This Lease shall be construed and enforced in accordance with the laws of the state or commonwealth in which the Premises are located. Tenant acknowledges that the content of this Lease and any related documents are confidential information and shall keep such confidential information strictly confidential and shall not disclose such confidential information to any person or circumstance is entity other than Tenant’s financial, legal, accounting, real estate and space planning consultants, respectively, or as otherwise required by law. Tenant shall deliver to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate Landlord within thirty (30) days a current financial statement and severable herefrom and all other provisions of this Agreement shall remain in full force and effect and be binding upon the parties hereof. The headings set forth in this Agreement are inserted for convenience and reference only and shall in no way define or limit the intent or interpretation of any financial statements of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated two (2) years prior to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the context. This Agreement shall be read and construed with all changes of gender and number of the party or parties referred to in each case as required by the context, and the covenants and agreements of each party shall be deemed to be joint and several where such party is more than one person, firm or corporation. With respect to each party which is a partnership, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership shall be and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent of the limited liability of any such person that is a limited partner of such partnershipcurrent financial statement year.

General Contract Provisions. Any and all Schedules to this Agreement form a part hereof. No amendment, waiver, discharge or release of this Agreement 7.01 This agreement shall be binding or enforceable unless made in writing signed governed by all the laws of Canada to the extent they apply and by the laws of the parties hereto. Time is Province of Ontario. 7.02 All words and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent default. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and all other provisions of this Agreement shall remain in full force and effect and be binding upon the parties hereof. The headings set forth in this Agreement are inserted for convenience and reference only and shall in no way define or limit the intent or interpretation of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated to the contrary, the word “including” or any other derivation or variation of that word means, as the case may be, “including, without limitation,” or “including, without limiting the generality of the foregoing,” or such derivation or variation thereof as required by the context. This Agreement personal pronouns relating thereto shall be read and construed with all changes of as the number and gender and number of the party or parties referred to in each case as required by the context, require and the verb shall be construed as agreeing with the required word and/or pronoun. 7.03 Time shall be of the essence of this agreement and every part herein and no extension or violation of the Agreement shall operate as a waiver of this provision. 7.04 If the Purchaser is two or more persons, the representations, warranties and covenants and agreements on the part of each party the Purchaser herein made shall be deemed to be the joint and several where representations, warranties and covenants of such party is more than one person, firm or corporation. With persons. 7.05 This Agreement shall constitute the entire agreement between the parties hereto with respect to each all of the matters herein and no warranty, representation, covenant or condition pertaining to any of such matters shall have any force and effect whatsoever unless contained in this Agreement. 7.06 This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings and discussions, whether oral or written, and there are no warranties or representations between the parties except as expressly provided in this agreement. 7.07 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.08 All communications provided for herein shall be in writing and shall be personally delivered to an officer or other responsible employee of the addressee or sent by telefacsimile or other direct written electronic means, charges prepaid, at or to the applicable address or telefacsimile number, as the case may be, set opposite the party's name below or at or to such other address or addresses or telefacsimile number or numbers as any party hereto may from time to time designate to the other parties in such manner. Any communication which is a partnership, each person who is presently a partner personally delivered as aforesaid shall be deemed to have been validly and effectively given on the date of such partnership delivery if such date is a Business Day (as hereinafter defined) and each person who becomes a partner such delivery was made during normal business hours of such partnership the recipient; otherwise, it shall be deemed to have been validly and continue effectively given on the Business Day next following such date of delivery. Any communication which is transmitted by telefacsimile or other direct written electronic means as aforesaid shall be deemed to be jointly have been validly and severally liable for all covenants effectively given on the date of transmission if such date is a Business Day and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to the extent transmission was made during normal business hours of the limited liability recipient; otherwise, it shall be deemed to have been validly and effectively given on the Business Day next following such date of transmission. For the purposes hereof, "Business Day" shall mean any such person that is day other than a limited partner Saturday, Sunday or statutory or civic holiday in the City of such partnershipToronto, Province of Ontario. To the Purchaser at: 00 Xxxxxxx Xxxxx - Xxxx 0 Xxxxxxx, Xxxxxxx X0X 0X0 Attention: Xxxxxxx Xxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 with a copy to: Xxxxxx Xxxxxxxx Xxxxxxxxxx, LLP Barristers & Solicitors 000 Xxx Xxxxxx - Xxxxx 0000 Xxxxxxx, Xxxxxxx X0X 0X0 Attention: Xxxxx X. Xxxxxxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxxxxxxx@xxxx.xxx To the Vendor at: NewsWireCentral Inc. 00 Xxxxxxx Xxxxx Xxxxxxx, XX 00000 Attention:Xxxx Xxxxxx Phone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxxxxx@xxxxxxxxxxxxxxx.xxx with a copy to: Law Offices of Frosst, Xxxxx, Xxxx LLP Xxxxxxx Xxxxxxx 000 Xxxxxx xx., Xxxxx 0000 Xxxxxxxxxx, XX 00000-0000

General Contract Provisions. Any a) Words of any gender used herein shall be held and all Schedules construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. b) The terms, provisions, covenants and conditions contained in this Agreement form Contract shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, personal representatives, successors and permitted assigns. c) Each party agrees to furnish to the other, promptly upon demand, a part hereof. No amendmentcorporate resolution, waiverproof of due authorization by partners, discharge or release other appropriate documentation evidencing the due authorization of such party to enter into this Contract. d) The captions inserted in this Contract are for convenience only and in no way define, limit or otherwise describe the scope of intent of this Agreement shall Contract, or any provision hereof, or in any way affect the interpretation of this Contract. e) This Contract may not be binding altered, changed or enforceable unless made amended except by an instrument in writing signed by all of the both parties hereto. Time is and shall remain of the essence under and pursuant to this Agreement; provided that the time for performing or completing any matter under or pursuant to this Agreement may be extended or abridged by an agreement in writing by the parties or their respective solicitors. Failure by any party to strictly enforce any provisions hereof shall not operate as a waiver or limitation of such party's rights hereunder in respect of any subsequent default. . f) If any provision clause, provisions, or portion of this Agreement Contract or the application thereof to any person or circumstance is to any extent held or rendered invalid, unenforceable or illegal, same shall be considered separate and severable herefrom and all other provisions invalid or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Agreement Contract nor any other clause, phrase, provision or portion hereof, nor shall remain it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances, and it is also the intention of the parties to this Contract that in full force and effect lieu of each such clause, phrase, provision or portion of this Contract that it is invalid or unenforceable, there be added as a part of this contract a clause, phrase, provision or portion as similar in terms in such invalid or unenforceable clause, phrase, provision or portion as may be possible and be binding upon valid and enforceable. g) Contractor agrees that it shall not discriminate against any person, employee, or applicant for employment, in accordance with all applicable local, federal and state discrimination laws, as the parties hereofsame may be amended from time to time. The headings set forth in this Agreement are inserted for convenience and reference only and This provisions shall in no way define include, not be limited to (i) employment, upgrading, demotion transfer, (ii) recruitment or limit the intent advertising, layoff or interpretation of any of the provisions hereof. Wherever in this Agreement any subject matter is described as including specifically described persons, things, events or other items, unless expressly stated to the contrary, the word “including” termination; (iii) rates or any other derivation form of compensation; and (iv) selection for training, including apprenticeship. Any final agency action or variation judicial decision finding actions by the Contractor to have constituted such discrimination shall constitute a default under this Agreement. Contractor agrees to indemnify and hold harmless the Owner of, from and against any and all suits, losses, costs, claims, demands and judgments by reason of that word means, any discriminatory action by the LESSEE as the case may be, “including, without limitation,” determined any final agency action or “including, without limiting the generality judicial decision. Without limitation of the foregoing,” , Lessee shall not discriminate against any person, employee, or such derivation applicant for employment because of race, religion, color, age, gender, sexual orientation, sexual preferences or variation thereof as required by national origin. h) All references in this Contract to the context. This Agreement shall be read and construed with all changes of gender and number of date hereof, the party Effective Date or parties referred to in each case as required by the context, and the covenants and agreements of each party similar references shall be deemed to refer to the last date in point in time on which all parties hereto have executed this Contract. i) In connection with any matter arising hereunder, the prevailing party shall be joint entitled to attorneys fees and several where such party costs. j) It is more than one personmutually agreed by and between the parties hereto that they each waive trial by jury in any action, firm proceeding or corporation. With respect to each party which counterclaim brought by either of them against the other on any matter arising out of or in any way connected with this Contract. k) This is a partnershipnon-exclusive contract, each person who is presently a partner of such partnership and each person who becomes a partner of such partnership Owner has the right to use any third party, or its forces, to perform the Work, without any obligation to Contractor.· I) This Contract shall be governed by and continue to be jointly and severally liable for all covenants and agreements of such party notwithstanding that any such person subsequently ceases to be a partner of such partnership, subject to and only to construed under the extent laws of the limited liability State of Florida, and sole and exclusive venue for any such person that is a limited partner of such partnershiplitigation shall lie in the Circuit Court in and for Palm Beach County, Florida.