Interpretation; Precedence. The provisions of this BAA shall prevail over any provisions in the Terms of Use that conflict or appear inconsistent with any provision in this BAA. This BAA and the Terms of Use shall be interpreted as broadly as necessary to implement and comply with HIPAA and the HITECH Act. Any ambiguity in this BAA shall be resolved in favor of a meaning that complies and is consistent with HIPAA and the HITECH Act. Except as specifically required to implement the purposes of this BAA, or to the extent inconsistent with this BAA, all other terms of the Terms of Use shall remain in force and effect.
Interpretation; Precedence. In case of express conflict -------------------------- between a Section and an Appendix, the order of precedence shall be as follows:
Interpretation; Precedence. The provisions of this BAA shall prevail over any provisions in the Terms of Use that conflict or appear inconsistent with any provision in this BAA. This BAA and the Terms of Use shall be interpreted as broadly as necessary to implement and comply with HIPAA and the HITECH Act. Any ambiguity in this BAA shall be resolved in favor o f a meaning that complies and is consistent with HIPAA and the HITECH Act. Except as specifically required to implement the purposes of this BAA, or to the extent inconsis tent with this BAA, all other terms of the Terms of Use shall remain in force and ef fect.
Interpretation; Precedence. Whenever the context may require, any pronoun will include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” will be deemed to be followed by the phrase “without limitation.” Unless the context requires otherwise, (A) any definition of or reference to any agreement, instrument or other document herein will be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein or therein), (B) any reference to any laws herein will be construed as referring to such laws as from time to time enacted, repealed or amended, (C) any reference herein to any Person will be construed to include the Person’s successors and assigns, (D) the words “herein”, “hereof’ and “hereunder”, and words of similar import, will be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (E) any reference herein to the words “mutually agree” or “mutual written agreement” will not impose any obligation on either Party to agree to any terms relating thereto or to engage in discussions relating to such terms except as such Party may determine in such Party’s sole discretion; (F) all references herein to Articles, Sections, Appendices, Exhibits or Schedules will be construed to refer to Articles, Sections, Appendices, Exhibits and Schedules of this Agreement; and (G) all references to the “knowledge” of a Party will refer to the actual knowledge of any of such Party’s officer or director level employees or members of its Board of Directors, or the knowledge which any such person would reasonably be expected to have assuming reasonable inquiry in light of such person’s position with such Party. In the event of any conflict between this Agreement and any Appendix attached hereto, the terms of this Agreement shall control.
Interpretation; Precedence. In the event of conflict between provisions in the Swedish Property Federation’s form for leasing contracts and these special provisions, interpretation precedence applies to these special provisions. Appendix 2 NCC Floor Plan [Floor Plan diagram] Exhibit 2 - NCC Floor Plan Appendix 3 NCC Delegation of Responsibilities Delegation of responsibilities Investments, maintenance, exchanges, supervision and operations Appendix 3 Leasing contract: 995 1 006 Lxxxxx: NCC Property G AB Leasee: Neonode AB Address of premises: Wxxxxxxxxxxxx 00, Xxxxxxxxx 2007-10-18 NCC Property G AB hereafter called the Landlord (U) and Neonode AB hereafter called the txxxxxx (HG) have come to agreement on the following division of responsibility concerning the investment, replacements, maintenance, repairs, supervision and operations of fixtures and equipment. The general principle for the acquisition costs is that U is responsible for all investments in the building (i.e. but not limited to, roof, floor, walls, water, sewer, heat, ventilation, electricity, fixed fixtures and fixed equipment) and HG is responsible for all loose furnishings (i.e. but not limited to, AV equipment, alarm, furniture, concept conforming shelving, office machines and all other property that is required by the operations). The general principle for the maintenance is that the party which is responsible for the acquisition is also responsible for the maintenance and repairs. However, HG is responsible for the daily maintenance, cleaning and supervision in accordance with the manufacturer’s recommendations. HG is responsible for damage exceeding normal wear and tear. The list below is a guideline of the allocation of responsibility for the new acquisitions, replacements, maintenance, repairs, supervision and operations of equipment. In cases where a specific item is not listed on the list below, the general principles described above are enforced. U = Landlord = NCC Property G AB HG = Txxxxxx = Neonode AB NCC Delegation of Responsibilities Investment Maintenance, replacement Supervision and operation Note Building Roof Guttors U U U Drains U U U Roofing U U U Drain spouts U U U Antennas HG HG HG Fasad Signage/light fixtures HG HG HX Xxxxxxx Signage/light fixtures U U U Landlords Entre door U U U buildings Garage door U U U Window glass U U HG Openable, exept for towards essingleden Window frames U U U Interior Fixed fixtures and equipment Entre door to premisses U U HG Door closer/opener, magnetic devices HG ...
