ISCELLANEOUS. 1. The parties confirm:
(a) The Employer’s right to employ one person to perform the duties of both make-up and hair on the same production;
(b) The Employer’s right to employ, when requested by either the agency or the client, such individuals as they designate on a particular production;
(c) That the Employers have no obligation to have a Local 798 member “travel” to a distant location.
2. It is agreed that this Appendix applies exclusively to those AICP member companies who are signatory to the CPA and who are engaged in the physical production of television commercials pursuant to contracts with advertising agencies and/or advertisers which are intended for television exhibition. This Appendix is intended to recognize and address the special needs of the television commercial production. Extended Workday Safety Guidelines: The following guidelines set forth common-sense measures which should be considered on extended work days. These guidelines are not contractual terms or conditions or provisions of the CPA: 38TUhttp://xxx.xxxxx.xxx/xxxxxxxxxxx.xxxxxX00X.
1. Sleep deprivation, which may be caused by factors other than an extended work day, should be identified by the employee. The American Automobile Association (AAA) cautions drivers as to the following danger signs: – even twenty minutes will help. Upon waking, the driver should get some exercise and consume caffeine for an extra boost.
2. Any employee who believes that he/she is too tired to drive safely should notify an authorized representative of the Employer before leaving the set. In that event, the Employer will endeavor to find alternative means of transportation or provide a hotel room or a place to rest. Such request may be made without any fear of reprisal and will not affect any future employment opportunities.
3. When the production company anticipates an extended work day, the employees should be encouraged to car pool.
4. When an extended work day is necessary, appropriate beverages and easily metabolized foods should be available.
ISCELLANEOUS. 6.1 Except as specifically modified and amended hereby, all the provisions of the Master Agreement and the User Agreements entered into with respect thereto, and all exhibits and schedules thereto, shall remain unaltered and in full force and effect in anccceorwdiath their
6.2 If any provision of this Amendmentis held invalid or unenforceable the remaining provision of thisAmendmentshall become null and void and be of no further force or effect. If by rule, regulation, order, opinion or decision of the Federal Communications Commission or any other regulatory body having jurisdiction or delegated authority with respect to the subject matter of thisAmendmentor the Master Agreement, thAismendmentis required to be rescinded or is declared ineffective or void in whole or in part, whethemrptoerarily, permanently oar b
6.3 This Amendmentmay be executed in two or more counterparts and by different parties
6.4 If at any time hereafter a Customer, other than a Customer that is a patrotydheesrieres to become a party hereto, such Customer may become a party hereto by executing a joinder agreeing to be bound by the terms and conditions ofAtmhiesndmen,t as modified from time to time.
6.5 This Amendment is the joint work product of represenivtaets of Customer and Contractor; accordingly, in the event of ambiguities, no inferences will be drawn against either party, including the party that drafted the Agreement in its final form.
6.6 This Amendmentsets forth the entire understanding between thretiePsawith regard to the subject matter hereof and supersedes any prior or contemporaneous agreement, discussions, negotiations or representations between the Parties, whether written or oral, with respect thereto. The modifications, amendments and prcicoencessions made herein were negotiated together and collectively, and each is made in consideration of all of the other terms herein. All such modifications, amendments and price concessions are interrelated and are dependent on each other. No separatea,dditional or different consideration is contemplated with respect to the modifications, amendments and price concessions herein. [THIS SPACE INTENTIONALLY LEFT BLANK]
ISCELLANEOUS. This document contains the entire agreement relating to its subject matter and supersedes any prior agreements or understandings, whether verbal or written. No modification of this agreement will be valid or enforceable unless it is in the form of a written document signed by FontFabrik. If FontFabrik waives a right, that does not mean it is waived for the future. If any part of this agreement is found void or unenforceable, it will not affect the valid- ity of the rest of the agreement. This agreement is governed by the laws of the Germany and any disputes or legal proceedings will be handled exclusively in Berlin — and by that we mean the Berlin that is the capital of Germany, not the one in Schleswig-Hol- xxxxx and definitely not the ones in Canada, Russia, South Africa, El Salvador, Antarctica, California, Connecticut, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, New York, New Jersey, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Vermont, West Virginia, or Wisconsin.
ISCELLANEOUS. A. This Agreement shall bind and inure to the benefit of the Parfies and their respecfive successors and permited assigns; except that Recipient may not assign or otherwise transfer this Agreement, by operation of law or otherwise, (including by merger, reorganization, consolidation, change of control, or sale of all or substantially all of Recipient’s assets to which this Agreement pertains), without written consent of Discloser.
B. Any assignment or transfer of this Agreement in violafion of the foregoing shall be null and void. This Agreement will be interpreted and construed in accordance with the laws of the State of [Utah], without regard to conflict of law principles.
C. Recipient hereby represents and warrants that the persons execufing this Agreement on its behalf have express authority to do so, and, in so doing, to bind Recipient thereto.
D. If a court or other body of competent jurisdicfion finds any provision of this Agreement, or porfion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parfies, and the remainder of this Agreement will confinue in full force and effect.
E. No provision of this Agreement may be waived except by a wrifing executed by the Party against whom the waiver is to be effecfive. A Party’s failure to enforce any provision of this Agreement shall neither be construed as a waiver of the provision nor prevent
A. No provision of this Agreement may be amended or otherwise modified except by a wrifing signed by the Parfies to this Agreement.
B. The Parfies may execute this Agreement in counterparts, each of which shall be deemed an original, but all of which together consfitute one and the same agreement.
C. This Agreement may be delivered by facsimile transmission, and facsimile copies of executed signature pages shall be binding as originals.
ISCELLANEOUS. Modifying this Agreement: We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted above.
ISCELLANEOUS. A waiver by either party of any term or condition of this PO shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers of any rights or remedies under this PO may only be given, and shall only be effective when given, in writing. Any liability to either party may in whole or in part be released, compounded or compromised, or time or indulgence given, by that party in its absolute discretion without in any way prejudicing or affecting its other rights against the other party. This PO does not create or purport to create any rights or benefits in favour of any party other than Equinix and Seller. This PO and the transactions contemplated hereby shall be governed by, and construed and enforced in accordance with, the laws of the country or state where Equinix is incorporated or domiciled without regards to its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this PO or any purchase or sale made hereunder. The parties irrevocably submit to the exclusive jurisdiction of the courts of the county or state where Equinix is incorporated or domiciled. The invalidity or unenforceability of any term or condition of this PO shall in no way affect the validity or enforceability of the remaining terms and conditions, which shall remain in full force and effect. Seller shall not assign, transfer and/or subcontract any of its rights and obligations under this PO without Equinix’s prior written consent. Subject to the foregoing, Seller shall remain fully responsible and liable for any subcontractor engaged by Seller. Equinix shall be entitled to assign and/or transfer any or all of its rights and/or obligations under this PO to any third party.
ISCELLANEOUS. 16.1 Neither the failure nor any delay on the part of any party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
ISCELLANEOUS. The headings and subheadings are inserted for convenience only and shall not affect the construction of this Agreement.
ISCELLANEOUS. ▪ These Terms and Conditions, together with any Purchase Order, any attachments, exhibits, manuals, or supplements specifically referenced herein and/or therein, and any written, existing "Supplier Confidentiality Agreement" (a.k.a. "Supplier Agreement", "Supplier Security Agreement") or the like entered into between Buyer and Seller, constitutes the entire agreement between Seller and Buyer with respect to the matter it contains and supersedes all prior oral or written representations and agreements. ▪ Seller may not assign its rights or delegate its obligations, in whole or in part, under the Purchase Order without Buyer's prior written consent. The sale of a controlling interest in Seller’s outstanding voting securities, or a merger or combination involving Seller that changes the voting control of Seller or in which Seller is not the surviving corporation, shall be deemed an assignment of the Purchase Order requiring Buyer’s consent. ▪ Buyer’s sole liability to Seller under the Purchase Order (including its termination, expiration or cancellation) is to pay for the goods and services and to pay the specific termination related amounts described above. IN NO EVENT SHALL BUYER BE LIABLE TO SELLER FOR ANTICIPATED OR LOST PROFITS, INTEREST, PENALTIES OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES OR LIABILITIES IN CONNECTION WITH THIS ORDER, WHETHER FOR BREACH OF CONTRACT, TORT LIABILITY, LATE PAYMENT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH OR OTHERWISE unless Buyer’s liability is based on gross negligence or willful acts. ▪ All payments made under the Purchase Order shall be free of any taxes, duties, levies, fees or other charges, except for withholding taxes. Where any sum due to be paid is subject to any withholding taxes, the Parties are obliged to use commercially reasonable efforts to do all acts and to sign all documents that will enable them to take advantage of any applicable double taxation agreement or treaty. In the event that there is no applicable double taxation agreement or if an applicable double taxation agreement or treaty reduces, but does not eliminate withholding taxes, the paying Party is obliged to deduct withholding taxes from payment and pay the tax to the appropriate government authority, deduct the amount paid from the amount due to the receiving Party and secure and send the best available evidence of the payment to the receiving Party. ▪ The Purchase Order includes all related customs duty...
ISCELLANEOUS
