Implied Terms Excluded Sample Clauses

Implied Terms Excluded. 38.01 Except as otherwise specified in this Agreement, the Parties exclude any other warranty, condition or other undertaking implied at Law or by custom (including implied warranty of merchantability or fitness) or otherwise arising other than by express written agreement between the Parties. Without limiting the generality of the foregoing, Seller expressly does not warrant supply of Gas at any level, and Xxxxx acknowledges and agrees that the obligation to supply Gas will remain subject to the availability of Gas.
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Implied Terms Excluded. For the avoidance of doubt, the provisions of Section 39 of the Sale of Goods and Supply of Services Act, 1980 of Ireland are hereby expressly excluded.
Implied Terms Excluded. Subject to clause 6.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded. Any warranty or term that any Products or Services will be fit for their intended purpose are hereby expressly excluded.
Implied Terms Excluded. To the greatest extent permitted by law, all terms and conditions otherwise implied in, or incorporated into, the Agreement or the Term Sheet by law (including the operation of any statute) will be excluded.
Implied Terms Excluded. 44 SECTION 12.13. Table of Contents; Headings............................. 44 Page Appendix A Subsidiaries Appendix B Form of Accession Agreement ADMINISTRATIVE AGENCY AGREEMENT dated as of July 17, 2000 (the "AGREEMENT"), among debis Aircraft Leasing Limited, a limited company incorporated under the laws of Ireland (the "ADMINISTRATIVE AGENT"), debis AirFinance B.V., a limited company incorporated under the laws of The Netherlands (the "GUARANTOR"), AerCo Limited, a company incorporated under the laws of Jersey, Channel Islands ("AerCo"), debis Aircraft Leasing Limited, as Servicer (the "SERVICER") and the entities listed on Appendix A hereto and any other Subsidiary of AerCo which accedes to this Agreement pursuant to an Accession Agreement (together, the "SUBSIDIARIES"). For the consideration set forth herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
Implied Terms Excluded. To the greatest extent permitted by law, the Parties agree that all terms and conditions, which would, but for the operation of this clause, have been deemed to be implied in this Term Sheet by any statute or law, are excluded. 38. Governing Law: This Term Sheet will be governed by the laws of the State of Queensland, Australia. The Parties submit irrevocably to the non-exclusive jurisdiction of the courts of the State of Queensland. The Parties waive any objection they might have to claim any action in these courts has been brought in an inconvenient forum or to those courts not having jurisdiction. 39. Title and Risk: Title to, possession of and risk in the gas transfers from the Sellers to the Buyer at the Delivery Point.
Implied Terms Excluded. To the fullest extent permitted by law the implied provisions of the Property Law Xxx 0000, Land Transfer Xxx 0000 and the Land Transfer Regulations 2002 are expressly excluded from this Agreement.
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Implied Terms Excluded. 45 Appendix A............................................... Subsidiaries ADMINISTRATIVE AGENCY AGREEMENT dated as of July 15, 1998, (the "AGREEMENT") among GPA ADMINISTRATIVE SERVICES LIMITED, a company incorporated under the laws of Ireland (the "ADMINISTRATIVE AGENT"), GPA GROUP PLC, a company incorporated under the laws of Ireland (the "GUARANTOR" or "GPA GROUP"), AerCo LIMITED, a company incorporated under the laws of Jersey, Channel Islands ("AERCO") and the entities listed on Appendix A hereto. For the consideration set forth herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the Administrative Agent, the Guarantor, and AerCo Group each agree as follows:
Implied Terms Excluded. 46 SECTION 12.13. Table of Contents; Headings............................... 46 SECTION 12.14.

Related to Implied Terms Excluded

  • SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by the Agreement, and other forms of any defined words shall have a meaning parallel thereto.

  • Definition of Good Reason For purposes hereof, “Good Reason” shall mean:

  • Definitions and Scope 1.1 Employees shall have the right to present grievances in accordance with the procedures prescribed in this Article. 1.2 For purposes of this Agreement, a grievance is a dispute concerning the interpretation or application of the terms or provisions of this Agreement. It is intended that this shall not mean administrative matters under the Retirement System and the Group Health Insurance Program.

  • DPA Definitions The definition of terms used in this DPA is found in Exhibit “C”. In the event of a conflict, definitions used in this DPA shall prevail over terms used in any other writing, including, but not limited to the Service Agreement, Terms of Service, Privacy Policies etc.

  • Services Not Exclusive Nothing in this Agreement shall limit or restrict USBFS from providing services to other parties that are similar or identical to some or all of the services provided hereunder.

  • Specific Definitions The following terms used in this Agreement shall have the following meanings:

  • Definitions and Schedules 1.1 Words and phrases contained in this Agreement (whether capitalized or not) that are not defined in this Agreement have the meanings given to them in the Electricity Act, 1998, the Ontario Energy Board Act, 1998, any regulations made under either of those Acts, or the Code. 1.2 The following schedules form part of this Agreement: Schedule A – Application and Connection Cost Agreement (recitals) Schedule B – Single Line Diagram, Connection Point and Location of Facilities (section 2.3) Schedule C – List of Other Contracts (section 3.4) Schedule D – Technical and Operating Requirements (section 4.1(d)) Schedule E – Billing and Settlement Procedures (section 5.3) Schedule F – Contacts for Notice (section 12.1) Schedule G – Dispute Resolution (section 16.1) 1) Where a schedule is to be completed by the Parties, the Parties may not include in that schedule a provision that would be contrary to or inconsistent with the Code or the remainder of this Agreement.

  • Defined Terms; References Unless otherwise specifically defined herein, each term used herein which is defined in the Credit Agreement has the meaning assigned to such term in the Credit Agreement. Each reference to "hereof", "hereunder", "herein" and "hereby" and each other similar reference and each reference to "this Agreement" and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.

  • Original Terms Unmodified The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded, if necessary to protect the interests of the Purchaser, and which has been delivered to the Custodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

  • and Section 7 4. If, by reason of any exercise of Warrants on a “cashless basis”, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to such holder.

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