Common use of Interpretation and General Clause in Contracts

Interpretation and General. 3. 1. All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together “covenantees”) for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together “covenants”) expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- ees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier of any of its rights and defences or as an increase of any of its liabilities under such compulsorily applicable law. 3. 3. Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors shall be operative and effective notwithstand- ing (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- tors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies available to it.

Appears in 4 contracts

Samples: Tariff Agreement, Tariff Agreement, Nra Governing Rules Tariff

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Interpretation and General. 3. 1. 3.1 All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together "covenantees") for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together "covenants") expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- eescovenantees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. 3.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual individual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier Xxxxxxx of any of its rights Rights and defences Defences or as an increase of any of its liabilities Liabilities under such compulsorily applicable law. 3. 3. 3.3 Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors shall be operative and effective notwithstand- ing notwithstanding (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- torsContractors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. 3.4 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. 3.5 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies remedies available to it.

Appears in 3 contracts

Samples: Tariff Agreement, Tariff Agreement, Tariff Agreement

Interpretation and General. 3. 1. 3.1 All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors Sub−Contractors (together "covenantees") for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together "covenants") expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- eescovenantees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. 3.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual individual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier Xxxxxxx of any of its rights Rights and defences Defences or as an increase of any of its liabilities Liabilities under such compulsorily applicable law. 3. 3. 3.3 Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors Sub−Contractors shall be operative and effective notwithstand- ing notwithstanding (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- torsSub−Contractors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. 3.4 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. 3.5 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies remedies available to it.

Appears in 1 contract

Samples: Tariff

Interpretation and General. 3. 1. 3.1 All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together "covenantees") for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together "covenants") expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- eescovenantees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. 3.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual individual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier Xxxxxxx of any of its rights Rights and defences Defences or as an increase of any of its liabilities Liabilities under such compulsorily applicable law. 3. 3. 3.3 Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Sub- Contractors shall be operative and effective notwithstand- ing notwithstanding (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- torsSub- Contractors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. 3.4 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. 3.5 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies remedies available to it.

Appears in 1 contract

Samples: Tariff Agreement

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Interpretation and General. 3. 1. 3.1 All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together "covenantees") for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together "covenants") expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- eescovenantees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. 3.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual individual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier Carrier of any of its rights and defences or as an increase of any of its liabilities under such compulsorily applicable law. 3. 3. 3.3 Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors shall be operative and effective notwithstand- ing notwithstanding (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- torsContractors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. 3.4 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. 3.5 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies remedies available to it.

Appears in 1 contract

Samples: Tariff Agreement

Interpretation and General. 3. 1. ‌ 3.1 All the persons within the definition of Merchant shall be jointly and severally liable to Carrier, its agents, servants and Sub–Contractors (together "covenantees") for all representations, warranties, undertakings, agreements, obligations, liabilities, and indemnities (together "covenants") expressed or implied to be made, given or assumed by Merchant in this Bill of Lading as if the covenants were expressly made, given or assumed by Merchant to each of the covenant- eescovenantees. No covenants of Merchant shall be affected by any acts or omissions (whether negligent, deliberate or otherwise) of Carrier or the other covenantees. 3. 2. 3.2 In the event that any provisions herein contained are inconsistent with any compulsorily applicable law in any individ- ual individual case, those provisions, to the extent of such inconsistency, shall be null and void, but the remaining provisions of this Bill of Lading shall remain valid and enforceable, and the validity and enforceability of those provisions in any other case shall not thereby be affected. To avoid doubt, nothing herein contained shall be construed as a surrender by Car- rier Carrier of any of its rights and defences or as an increase of any of its liabilities under such compulsorily applicable law. 3. 3. 3.3 Subject to contrary compulsorily applicable law in the individual case, provisions herein which exempt, exclude, relieve or limit the liability of Carrier, its servants, agents or Sub-Contractors shall be operative and effective notwithstand- ing notwithstanding (i) any act or omission (whether negligent, deliberate or otherwise) of Carrier, its servants, agents or Sub-Contrac- torsContractors, or (ii) the circumstances or cause of any loss or damage (to which such provisions relate) be unexplained, or (iii) any other matters or causes whatsoever. 3. 4. 3.4 No servant or agent of Carrier shall have any authority to waive or vary any term of this Bill of Lading, unless such waiver or variation is specifically authorized in writing by a director or other authorized officer of Carrier. 3. 5. 3.5 Any right or remedy herein conferred on Carrier is in addition to and without prejudice to all other rights and reme- dies remedies available to it.

Appears in 1 contract

Samples: Tariff Agreement

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