Interpretation and Miscellaneous. 24.01 When the context so requires wherever the singular or masculine is used in this Agreement it shall be read as if the plural or feminine respectively were used.
Interpretation and Miscellaneous. Condonation Not a Waiver 10.1 No condoning, excusing, giving of time or overlooking by the Landlord of any default, breach or non-observance or non-performance by the Tenant at any time or times of any of the Tenant’s agreements, stipulations, terms, conditions and obligations herein contained shall operate as a waiver of the Landlord’s rights hereunder in respect of any continuing or subsequent default, breach or non-observance or non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and in no way shall be considered as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided.
(a) The common areas referred to in this Agreement shall mean the following:-
(i) Such parts of the said building as may be designated under the Deed in respect of the said building as common areas for use in common by the co-owners for the time being of the said building; and
(ii) Such other parts of the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building;
(b) The common services and facilities referred to in this Agreement shall mean the following :-
(i) Such services and facilities as may be designated under the Deed in respect of the said building as common services and facilities for the use in common by or benefit of the co-owners for the time being of the said building; and
(ii) Such other services and facilities within the said building as may from time to time and at any time be so designated by the Landlord and/or the manager of the said building; Provided always that the Landlord and/or the manager of the said building shall also have the full and unrestricted right and power from time to time and at any time without the same constituting an actual or constructive eviction of the Tenant and without incurring any liability to the Tenant therefor to designate redesignate reallocate and/or partition such part or parts of th...
Interpretation and Miscellaneous. 13.1 CONDONATION NOT A WAIVER No condoning, excusing or overlooking by the Landlord of any default, breach, non-observance or non-performance by the Tenant at any time or times of any of the agreements, stipulations, terms and conditions herein contained shall operate as a waiver of the Landlord's rights hereunder in respect of any continuing or subsequent default, breach, non-observance or non-performance or so as to defeat or affect in any way the rights and remedies of the Landlord hereunder in respect of any such continuing or subsequent default or breach and no waiver by the Landlord shall be inferred from or implied by anything done or omitted by the Landlord unless expressed in writing and signed by the Landlord. Any consent given by the Landlord shall operate as a consent only for the particular matter to which it relates and shall in no way be considered as a waiver or release of any of the provisions hereof nor shall it be construed as dispensing with the necessity of obtaining the specific written consent of the Landlord in the future in respect of similar or other matters unless expressly so provided.
Interpretation and Miscellaneous. This Agreement, together with the attachments enclosed herewith, is the entire agreement of the parties, and supersedes all prior understandings, agreements, promises, and discussions concerning the subject matter hereof. No modification or amendment to this Agreement will be effective unless it is written and signed by all parties. Neither this Agreement, nor any rights or obligations arising under this Agreement may be assigned or transferred to a third party, and any such attempted transfer shall be void. Trainee, Principal Supervisor and IBOC acknowledge and understand that this Agreement is governed by the laws of the State of California, USA, the Handbook and related IBOC rules, and Professional Standards enacted, from time to time, by ITAA. In the event of a dispute among or between any of the parties to this Agreement arising out of the interpretation or enforcement
Interpretation and Miscellaneous. This Agreement, together with the attachments enclosed herewith, is the entire agreement of the parties, and supersedes all prior understandings, agreements, promises, and discussions concerning the subject matter hereof. No modification or amendment to this Agreement will be effective unless it is written and signed by all parties. Neither this Agreement, nor any rights or obligations arising under this Agreement may be assigned or transferred to a third party, and any such attempted transfer shall be void. Trainee, Supervisor and IBOC acknowledge and understand that this Agreement is governed by the laws of the State of California, USA, the Handbook and related IBOC rules, and Professional Standards enacted, from time to time, by ITAA. In the event of a dispute among or between any of the parties to this Agreement arising out of the interpretation or enforcement of this Agreement, the parties agree to negotiate in good faith to resolve their difference amicably. The parties may resort to the use of a neutral mediator, whose fees will be shared equally among the parties, to facilitate a consensual resolution. Mediation may take place in an electronic chat room to minimize the inconvenience and expense to the parties. All dispute resolution negotiations, mediation or other proceedings shall take place in the English language unless all parties agree otherwise. The parties further acknowledge and agree that jurisdiction for any disputes arising out of or under this Agreement will lie solely in that the California Superior Court for Alameda County or the Federal District Court – Northern District situated in Oakland, California. The prevailing party or parties in any such proceeding will be entitled to recover a reasonable attorney fee in addition to any other relief awarded. NO PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUES AND LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Interpretation and Miscellaneous. (a) This Agreement contains the entire agreement of the parties relating to the subject matter hereof. This Agreement supersedes any prior written or oral agreements or understandings between the parties relating to the subject matter hereof. No modification or amendment of this Agreement shall be valid unless in writing and signed by or on behalf of the parties hereto. The failure of a party to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later time to enforce any provision of this Agreement. A waiver of the breach of any term or condition of this Agreement shall not be deemed to constitute a waiver of any subsequent breach of the same or any other term or condition. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be held invalid or unenforceable, such invalidity and unenforceability shall not affect the remaining provisions hereof or the application of such provisions to other persons or circumstances, all of which shall be enforced to the greatest extent permitted by law. The headings in this Agreement are inserted for convenience of reference only and shall not be a part of or control or affect the meaning of any provision hereof.
(b) When used herein, the phrase “CPI Business Lines” shall mean each and any of the following business lines: (1) promotion of music concert tours; (2) acquisition and exploitation of intellectual property rights of enduring value that relate to or derive from live entertainment performances (such as, by way of example, DVD rights, merchandise rights, manuscript rights and film rights); (3)
Interpretation and Miscellaneous. The Marginal Notes, Headings and Index are intended Notes, Headings for guidance only and do not form part of this and Index Agreement nor shall any of the provisions of this Agreement be construed or interpreted by reference thereto or in any way affected or limited thereby. As-is Basis 2. The Tenant shall take over the Premises on an "as is" basis which include any ducting or vents currently installed for extraction of exhaust gases, fumes and hot air from the Premises but the Landlord gives no warranty or representation as to the adequacy thereof or as to their compliance with all relevant regulations.
Interpretation and Miscellaneous. 15.1 Any notice or liaison sent by the parties of this contract according to this contract or related to this contract should be delivered in the form of registered mail, EMS or express in a written form according to the address below: Party A: Shanghai Zhangjiang Microelectronics Port Co., Ltd. Addressee: Operation Department of Shanghai Zhangjiang Microelectronics Port Co., Ltd. Address: Xx.000 Xxxxxx Xxxx, Xxxxxx Xxx Xxxx, Xxxxxxxx Postal code: 201203 Party B: SDC China Ltd. Addressee: Address: Postal code: Or send according to the latest other address sent by the receiving party to the sending party. As to any notice or liaison, it will be deemed as received in the delivery for direct delivery; it will be deemed as received three days after the delivery for the registered mail or EMS.
Interpretation and Miscellaneous. (1) Marginal notes, headings and indexes The marginal notes, headings and indexes are for guidance only, and shall not constitute an integral part of the Lease, which shall not be given consideration to or affect or restrict the interpretation or clarification of any provision hereof.
(2) No waiver by tolerance The Lessor’s tolerance, forgiveness or excuse of one-off or repeated nonperformance, violation, incompliance or non-execution of responsibility hereunder by the Lessee doesn’t imply a waiver of rights regarding continuous or further nonperformance, violation, incompliance or non-execution by the Lessee, nor eliminate or affect the Lessor’s rights or compensation available hereunder in respect of such continuous or further nonperformance of violation. Unless the Lessor waives its rights in written statement, no act or omission of the Lessor implies waiver of rights or infers as waiver. Any approval given by the Lessor applies only to certain issues specifically approved, which shall not operate as simultaneous waiver of other rights available to the Lessor nor exempt the Lessee from further applying to the Lessor for any other specific written approval.
Interpretation and Miscellaneous. Non-Business Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 16.2 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 16.3
