Common use of GENERAL PROVISIONS RELATING TO AGREEMENT Clause in Contracts

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 This Agreement shall be binding on and enure for the benefit of the successors of the parties but assignment may only be made after prior written consent of the other party has been given. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 Any provision of this Agreement which is capable of being performed after Closing but which has not been performed at or before Closing and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding Closing. 12.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 2 contracts

Samples: Placing Agreement, Placing Agreement

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GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as 10.1 As regards any date or period (whether or not amended or changed as aforesaid) period, time shall be of the essence of this Agreement. 12.2 10.2 Each of the parties hereto party undertakes to the other to execute or procure to be executed all such documents and to do or procure to be done all such other acts and things as may be reasonable and necessary to give the other party all parties the full benefit of this Agreement. 12.3 10.3 This Agreement shall be binding on and enure for the benefit of the successors of each of the parties but assignment may only and shall not be made after prior written consent of the other party has been givenassignable. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the 10.4 The exercise of or failure to exercise any right or remedy in respect of such any breach of this Agreement shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 10.5 Any right or remedy conferred by this Agreement on any party for breach of this Agreement (including without limitation the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach. 10.6 Any provision of this Agreement which is capable of being performed after Closing Completion but which has not been performed at or before Closing Completion and all the representations and warranties and other undertakings contained in or entered into pursuant to this Agreement shall remain in full force and effect notwithstanding ClosingCompletion. 12.6 10.7 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no neither party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and no variation of this Agreement shall be effective unless made in writing and signed by all of the parties. 10.8 This Agreement supersedes all and any previous agreements, arrangements or understandings understanding between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, understanding or arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 10.9 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (GDS Holdings LTD), Subscription Agreement (GDS Holdings LTD)

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time 9.1 Time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 9.2 This Agreement shall be binding on and enure for the benefit of the successors of each of the parties but assignment may only be made after prior written consent of and (subject to the other party has been given. 12.4 Any right or remedy conferred on any party for breach provisions of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the Conditions) permitted assigns provided that the benefits and obligations or any part thereof bestowed upon each party to this Agreement shall not be capable of being assigned, transferred, encumbered or otherwise disposed of save and except any assignment, transfer, encumbrance or disposal thereof in connection with a transfer of the Note by the holder in accordance with the Conditions. 9.3 The exercise of or failure to exercise any right or remedy in respect of such any breach of this Agreement shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 9.4 Any right or remedy conferred by this Agreement on either party for breach of this Agreement (including without limitation the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach. 9.5 Any provision of this Agreement which is capable of being performed after Closing Completion but which has not been performed at on or before Closing Completion and all the representations and warranties Warranties contained in or entered into pursuant to this Agreement shall remain in full force and effect notwithstanding ClosingCompletion. 12.6 9.6 This Agreement (together with the other documents referred to herein including, without limitation, the Note) constitutes the entire agreement between the parties hereto with respect to its subject matter (no neither party having relied on any representation or warranty made by the other party with respect thereto parties which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No no variation of this Agreement shall be effective unless made in writing and signed by each of all the parties heretoparties. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Contract for Subscription of Convertible Note (China Enterprises LTD)

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 13.1 This Agreement shall be binding on and enure for the benefit of the successors of each of the parties but assignment may only shall not be made after assignable without prior written consent of the other party has been givenparty(ies). 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the 13.2 The exercise of or failure to exercise any right or remedy in respect of such any breach of this Agreement shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 13.3 Any provision right or remedy conferred by this Agreement on the Vendor and the Purchaser respectively for breach of this Agreement which is capable (including without limitation the breach of being performed after Closing but which has not been performed at or before Closing and all the any representations and warranties contained warranties) shall be in this Agreement shall remain addition and without prejudice to all other rights and remedies available to it in full force and effect notwithstanding Closingrespect of that breach. 12.6 13.4 This Agreement (together with the other documents referred to herein) constitutes the entire agreement between the parties hereto with respect to its subject matter (no neither party having relied on any representation or warranty made by the other party with respect thereto parties which is not contained in this Agreement) and no variation of this Agreement shall be effective unless made in writing and signed by the parties. 13.5 This Agreement supersedes all and any previous agreements, arrangements or understandings understanding between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, understanding or arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 13.6 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by 13.7 Subject to the requirements or requests of the Stock Exchange or any other applicable laws and regulations, none of the parties hereto in may make any number of counterparts press or other announcements relating to this Agreement, and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to any other transactions and/or agreements contemplated hereunder without prior consultation with the other party within two days after the same was sent by facsimileparties hereto. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Share Sale and Purchase Agreement

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time 9.1 Time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 9.2 This Agreement shall be binding on and enure for the benefit of the successors of each of the parties but assignment may only and shall not be made after prior written consent of the other party has been givenassignable. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the 9.3 The exercise of or failure to exercise any right or remedy in respect of such any breach of this Agreement shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 9.4 Any provision right or remedy conferred by this Agreement on any of the parties for breach of this Agreement which is capable (including without limitation the breach of being performed after Closing but which has not been performed at or before Closing and all the any representations and warranties contained warranties) shall be in this Agreement shall remain addition and without prejudice to all other rights and remedies available to it in full force and effect notwithstanding Closingrespect of that breach. 12.6 9.5 This Agreement (together with the other documents referred to herein including, without limitation, the Subscription Note) constitutes the entire agreement between the parties hereto with respect to its subject matter (no neither party having relied on any representation or warranty made by the other party with respect thereto parties which is not contained in this Agreement) and no variation of this Agreement shall be effective unless made in writing and signed by the parties. 9.6 This Agreement supersedes all and any previous agreements, arrangements or understandings understanding between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, understanding or arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 9.7 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by 9.8 Subject to the requirements of the Stock Exchange or any other law and regulation, none of the parties hereto in may make any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the press or other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party announcements relating to this Agreement shall not have any rights under and the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term Notes without prior consultation with the other parties hereto. 9.9 The terms of this AgreementAgreement and the Subscription Note shall remain valid and enforceable notwithstanding the issue and redemption, conversion or exchange of the Subscription Note to the extent that any of the terms in this Agreement or the Subscription Note have not been fully and properly performed or satisfied.

Appears in 1 contract

Samples: Shareholder Agreement (China Enterprises LTD)

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties hereto but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 This Agreement shall be binding on and enure for the benefit of the successors of the parties but assignment may only be made after prior written consent of the other party has been given. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 Any provision of this Agreement which is capable of being performed after Closing but which has not been performed at or before Closing and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding Closing. 12.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party parties with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party parties within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623Chapter 623 of the Laws of Hong Kong) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Placing Agreement

GENERAL PROVISIONS RELATING TO AGREEMENT. β€Œ 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 This Agreement shall be binding on and enure for the benefit of the successors of the parties hereto but assignment may only shall not be made after assignable otherwise than with the prior written consent of the other party has been givenparty. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 Any provision of this Agreement which is capable of being performed after Closing completion of issue of the Bonds but which has not been performed at or before Closing completion of issue of the Bonds and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding Closingcompletion of issue of the Bonds. 12.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties heretoparties. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Placing Agreement

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GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 14.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 14.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 14.3 This Agreement shall be binding on and enure for the benefit of the successors of the parties but assignment may only be made after prior written consent of the other party has been given. 12.4 14.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 14.5 Any provision of this Agreement which is capable of being performed after Closing Completion but which has not been performed at or before Closing Completion and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding ClosingCompletion. 12.6 14.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 14.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 14.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 14.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other another party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Placing Agreement

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 This Agreement shall be binding on and enure endure for the benefit of the successors of the parties but assignment may only be made after prior written consent of the other party has been given. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 Any provision of this Agreement which is capable of being performed after Closing Completion but which has not been performed at or before Closing Completion and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding ClosingCompletion. 12.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Placing Agreement

GENERAL PROVISIONS RELATING TO AGREEMENT. 12.1 Any date or period in this Agreement may be changed by written agreement of the parties but as regards any date or period (whether or not amended or changed as aforesaid) time shall be of the essence of this Agreement. 12.2 Each of the parties hereto undertakes to the other to execute all such documents and to do or procure to be done all such other acts and things as may be necessary to give the other party the full benefit of this Agreement. 12.3 This Agreement shall be binding on and enure endure for the benefit of the successors of the parties but assignment may only be made after prior written consent of the other party has been given. 12.4 Any right or remedy conferred on any party for breach of this Agreement (including the breach of any representations and warranties) shall be in addition and without prejudice to all other rights and remedies available to it in respect of that breach and the exercise of or failure to exercise any right or remedy in respect of such breach shall not, save as provided herein, constitute a waiver by such party of any other right or remedy it may have in respect of that breach. 12.5 Any provision of this Agreement which is capable of being performed after Closing Completion but which has not been performed at or before Closing Completion and all the representations and warranties contained in this Agreement shall remain in full force and effect notwithstanding ClosingCompletion. 12.6 This Agreement constitutes the entire agreement between the parties hereto with respect to its subject matter (no party having relied on any representation or warranty made by the other party with respect thereto which is not contained in this Agreement) and this Agreement supersedes all and any previous agreements, arrangements or understandings between the parties hereto relating to the matters referred to in this Agreement and all such previous agreements, arrangements or understandings (if any) shall cease and determine with effect from the date hereof. 12.7 No variation of this Agreement shall be effective unless made in writing and signed by each of the parties hereto. 12.8 If at any time any provision of this Agreement is or becomes illegal, void or unenforceable in any respect, the remaining provisions hereof shall in no way be affected or impaired thereby. 12.9 This Agreement may be executed by the parties hereto in any number of counterparts and on separate counterparts, each of which when so executed shall be deemed an original but all of which shall constitute one and the same instrument and be binding on all parties. Any party executing this Agreement on a facsimile copy counterpart shall deliver the original of the counterpart to the other party within two days after the same was sent by facsimile. 12.10 Unless otherwise provided herein, a person or company who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this Agreement.

Appears in 1 contract

Samples: Placing Agreement

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