Generality Sample Clauses

Generality. In order to regulate all structures and uses everywhere in the municipality’s territory, the municipality is divided into zones and zone districts, which are delimited on one or more zoning plans. These zones and zone districts are an integral part of this regulation and are identified as following: ⮚ Zoning plan no (scale 1 : 20 000) ⮚ Zoning plan no (scale 1 : 2 000)
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Generality. User shall ensure that its environment will be compatible with BIONUMERICS® Software and that its network is configured correctly, as required by bioMérieux. In no event shall bioMérieux bear any responsibility as to the connection of the BIONUMERICS® Software with User’s Environment. Furthermore, User hereby acknowledges that the access to and use of the whole functionalities of the BIONUMERICS® Software is subject to the proper use of protection key associated to such software, the protection of which is under the User’s sole responsibility. Subject to Sections 9 b., c. and d. below, bioMérieux warrants to User that the BIONUMERICS® Software shall: (i) be in compliance with the provisions of this Agreement, (ii) perform substantially in accordance with its functional specifications as set forth in the BIONUMERICS® Software Documentation provided by bioMérieux to User in connection with that version of the BIONUMERICS® Software, be merchantable, safe and fit for their intended RUOuse, (iii) be free of any viruses, including without limitation in design, workmanship or operating at the time of delivery of the BIONUMERICS® Software, (iv) be free of any defects in title, whereby title means the ownership of the components under normal use. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded by bioMérieux. Notwithstanding the foregoing, this warranty will not apply to the extent that the BIONUMERICS® Software does not conform to and/or functions in accordance with the applicable written technical documentation as a result of a defect arising from (i) any act or omission of the User, such as, without limitation, any loss, damage or theft, or improper use of the protection key associated with the BIONUMERICS® Software (ii) any corporation, joint stock company or any other entity or organization of any kind (other than bioMérieux or any person under the express direction of bioMérieux) making any revisions or modifications to the BIONUMERICS® Software after its provision to the User, (iii) the malfunction of any User-supplied or User-authorized third-party software or equipment, (iv) User operation of the BIONUMERICS® Software (including the associated protection key) other than in accordance with applicable documentation or design, or on hardware not recommended, supplied or approved by bioMérieux as mentioned in Sections 2 and 3, or (v) the...
Generality. The PTR Holder who fails to settle their liabilities pertaining to allocated PTRs will be suspended from any further auctions by the Auction Operator until the aforementioned participant has set- tled all his liabilities. In order to be again allowed to participate in the next auctions, in the direction from Croatia to Slovenia, the PTR Holder is also obliged to pay the difference, if negative, between Auction Price set on the first auction at which the capacity was allocated and the Auction Price set on the fol- lowing Auctions where the capacity is once again allocated. Applicable bank fees of the sender bank including the fees of the intermediary bank (if applica- ble) will be covered by the sender. Bank fees of the receiving bank will be covered by the benefi- ciary.
Generality. Each Party undertakes to declare any incident related to a FHS Component delivered to the other Party. For the avoidance of doubt, any FHS Component that is not declared to be incident-related shall be understood to be non-incident-related by the other Party.
Generality. Unless the context clearly indicates otherwise, any use of the singular in this Agreement shall include the plural and vice versa. Additionally, any use of the masculine gender includes both the feminine and neuter genders and any use of the neuter gender includes both the masculine and feminine genders.
Generality. The PTR Holder who fails to settle their liabilities pertaining to allocated PTRs will be suspended from any further auctions by the Auction Operator until the aforementioned participant has set- tled all his liabilities. In order to be again allowed to participate in the next auctions, in the direction from Croatia to Slovenia, the PTR Holder is also obliged to pay the difference, if negative, between Auction Price set on the first auction at which the capacity was allocated and the Auction Price set on the fol- lowing Auctions where the capacity is once again allocated.
Generality. No agreement or other understanding in any way modifying the terms and conditions is applicable upon DICI unless made in writing and signed by an authorized representative of DICI All goods received by DICI will be subject to inspection and any rejected goods may be returned at Seller's expense. Shipment must be made to meet the AGREED dates. DICI reserves the right to cancel or postpone deliveries, without cost to DICI of any goods covered by this order which are not shipped in reasonable time to meet said agreed date. Xxxxxx agrees to protect and indemnify DICI against all claims or liabilities pertaining to the goods ordered. DICI may cancel this order in whole or in part at any time, by written notice. In that event any claim arising out of the termination of this order shall be settled on the basis of the Seller's cost less allowance for salvage value. All prices noted are FIRM FIXED and not subject to change, unless previously approved in writing by DICI. No substitution can be shipped unless previously approved by DICI in writing.
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Generality. Interest shall be calculated on a daily basis on outstanding balances at the Applicable Rate, divided by 360, on the actual days elapsed. During any time that the Applicable Rate would exceed the applicable maximum lawful rate of interest, the Applicable Rate shall automatically be reduced to such maximum rate. Any interest payment made in excess of such maximum rate shall be applied as, and deemed to be, in the Bank's sole discretion, (a) a payment of any of the Liabilities, in such manner as determined by the Bank, or (b) cash collateral to be retained by the Bank to secure repayment of this Note.
Generality. Interest shall be calculated on a daily basis on outstanding balances at the Applicable Rate, divided by 360, on the actual days elapsed. During any time that the Applicable Rate would exceed the applicable maximum lawful rate of interest, the Applicable Rate shall automatically be reduced to such maximum rate. Any interest payment made in excess of such maximum rate

Related to Generality

  • Without limiting the other provisions of this Section 3.1, among other delegations by the Trustees, the Trustees have determined that there is a significant risk that the Trust and its shareholders may be adversely affected by investors with short term trading activity and/or whose purchase and redemption activity follows a market timing pattern as defined in the prospectus for the Trust, and have authorized the Trust, the Underwriter and the Trust's transfer agent to adopt procedures and take other action (including, without limitation, rejecting specific purchase orders in whole or in part) as they deem necessary to reduce, discourage, restrict or eliminate such trading and/or market timing activity. You agree that your purchases and redemptions of Portfolio shares are subject to, and that you will assist us in implementing, the Market Timing Trading Policy and Additional Policies (as described in the Trust's prospectus) and the Trust's restrictions on excessive and/or short term trading activity and/or purchase and redemption activity that follows a market timing pattern.

  • GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy.

  • Without prejudice to Paragraph 6.1, University’s liability to the Licensee for all losses or damage of any kind howsoever caused shall be limited to the aggregate total amount received by University from Licensee under this Agreement as at the date of such breach.

  • Without prejudice to Sections 5.1 and 5.2 above, You are responsible for (a) any required notices, consents and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal Data) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Agreement. To the extent You disclose or transmit Your Content to a third party, we are no longer responsible for the security, integrity or confidentiality of such content outside of Oracle’s control.

  • Waiver of defences The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

  • Notwithstanding Clause 19.16, if Malicious Software is found, the Supplier shall co-operate with the Customer to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Customer Data, assist the Customer to mitigate any losses and to restore the provision of the Services to its desired operating efficiency as soon as possible.

  • Provisos Landlord's right to end this Lease (irritancy)

  • Without prejudice to Clause 10.1 above, this Clause shall remain in full force and effect notwithstanding any discharge, release or termination of this Pledge (whether or not in accordance with Clause 7.1 of this Pledge Agreement).

  • Without prejudice all proceedings and disclosures will be conducted and made without prejudice to the rights and positions of the parties in any subsequent arbitration or other legal proceedings;

  • Limitation Notwithstanding any provisions in the Declaration of Trust and these By-Laws pertaining to indemnification, all such provisions are limited by the following undertaking set forth in the rules promulgated by the Securities and Exchange Commission: In the event that a claim for indemnification is asserted by a Trustee, officer or controlling person of the Trust in connection with the registered securities of the Trust, the Trust will not make such indemnification unless (i) the Trust has submitted, before a court or other body, the question of whether the person to be indemnified was liable by reason of willful misfeasance, bad faith, gross negligence, or reckless disregard of duties, and has obtained a final decision on the merits that such person was not liable by reason of such conduct or (ii) in the absence of such decision, the Trust shall have obtained a reasonable determination, based upon a review of the facts, that such person was not liable by virtue of such conduct, by (a) the vote of a majority of Trustees who are neither interested persons as such term is defined in the Investment Company Act of 1940, nor parties to the proceeding or (b) an independent legal counsel in a written opinion. The Trust will not advance attorneys' fees or other expenses incurred by the person to be indemnified unless (i) the Trust shall have received an undertaking by or on behalf of such person to repay the advance unless it is ultimately determined that such person is entitled to indemnification and (ii) one of the following conditions shall have occurred: (x) such person shall provide security for his undertaking, (y) the Trust shall be insured against losses arising by reason of any lawful advances or (z) a majority of the disinterested, non-party Trustees of the Trust, or an independent legal counsel in a written opinion, shall have determined that based on a review of readily available facts there is reason to believe that such person ultimately will be found entitled to indemnification.

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