Legally Void or Unfeasible Provisions Sample Clauses

Legally Void or Unfeasible Provisions. Should individual provisions of this agreement be legally void or unfeasible, the validity of the remaining agreement shall not be affected thereby. In such a case the Parties shall by mutual agreement substitute for the questionable provisions new provisions considered substantially equivalent in economic terms. Place, Date GAP Aktiengesellschaft Smart Technology /s/ Awa Garlinska /s/ Mxxx X. Xxxxxxxxxx ------------------------------- ----------------------------- Awa Garlinska, CEO Mxxx X. Xxxxxxxxxx, President Cxxxxxxxx Xxxxx Sales Director Europe Annex 1 to Annex 5 ------------------ Annex 1 between GAP AG fur GSM Applikationen und Produkte - Hereinafter referred to as "GAP" - and SMART TECHNOLOGY, Inc. and all current and future subsidiaries and affiliates - Hereinafter collectively referred to as "Smart" or "The Value-Added Reseller" or "The VAR" Contractual Products referred include: * Bordcomputer -BCmini Plus - HiTrack exclusive sales rights for France non-exclusive sales rights Saudi Arabia, UAE, Kuwait, Yemen, Bahrain, Qatar, Syria and Lebanon HiTrack includes: BCmini + GPS/GSM antenna + 14 pin Power Cable + installation & user guide + portable hands free + firmware * HiPer exclusive sales rights for France non-exclusive sales rights Saudi Arabia, UAE, Kuwait, Yemen, Bahrain, Qatar, Syria and Lebanon HiPer + HiPer leather pocket + Power supply + Motion sensor + installation & user guide + firmware * HiLocate exclusive sales rights for France non-exclusive sales rights Saudi Arabia, UAE, Kuwait, Yemen, Bahrain, Qatar, Syria and Lebanon HiLocate server + HiLocate client + Map server All above products including upgrades, options, modifications and succeeding products.
Sample 1
AutoNDA by SimpleDocs
Legally Void or Unfeasible Provisions. Should individual provisions of this Agreement be legally void or unfeasible, the validity of the remaining Agreement shall not be affected thereby. In such a case, the Parties shall by mutual agreement substitute for the provisions concerned a provision considered substantially equivalent in economic terms. Bruker Nano GmbH Caldera Pharmaceuticals, Inc. /s/ Xxxxxx Xxxxxxxx /s/ Xxxxxxxx Xxxxxx Signature Signature Xxxxxx Xxxxxxxx Xxxxxxxx Xxxxxx Name Name Managing Director President Position Position June 28, 2011 July 5, 2011 Date Date Annexes Annex 1: M4 BIO Technical Specification and Prices Annex 2: M4 BIO Service Price List Annex 3: General Terms and Conditions of Bruker Nano GmbH OEM Agreement Bruker – Caldera ANNEX 1 XXXX XXXX - redacted pursuant to a confidentiality request with the United States Securities and Exchange Commission OEM Agreement Bruker – Caldera ANNEX 2 XXXX XXXX - redacted pursuant to a confidentiality request with the United States Securities and Exchange Commission ANNEX 3 GENERAL TERMS AND CONDITIONS of Broker Nano GmbH, Germany
Sample 1
Legally Void or Unfeasible Provisions. Should individual provisions of this Agreement be legally void or unfeasible, the validity of the remaining Agreement shall not be affected thereby. In such a case, the Parties shall by mutual agreement substitute for the provisions concerned a provision considered substantially equivalent in economic terms. Any similar agreement between the Parties signed at an earlier date, will be void and superseded by this Agreement.
Sample 1
Legally Void or Unfeasible Provisions. Should individual provisions of this Agreement be legally void or unfeasible, the validity of the remaining Agreement shall not be affected thereby. In such a case, the Parties shall by mutual agreement substitute for the provisions concerned a provision considered substantially equivalent in economic terms. Bruker Nano GmbH Caldera Pharmaceuticals, Inc. Signature Signature Name Name Position Position Date Date Annexes Annex 1: M4 BIO Technical Specification and Prices Annex 2: M4 BIO Service Price List Annex 3: General Terms and Conditions of Bruker Nano GmbH OEM Agreement Bruker – Caldera ANNEX 1 XXXX XXXX - redacted pursuant to a confidentiality request with the United States Securities and Exchange Commission OEM Agreement Bruker – Caldera ANNEX 2 XXXX XXXX - redacted pursuant to a confidentiality request with the United States Securities and Exchange Commission ANNEX 3 GENERAL TERMS AND CONDITIONS of Broker Nano GmbH, Germany
Sample 1
Legally Void or Unfeasible Provisions. Should individual provisions of this Agreement be legally void or unfeasible, the validity of the remaining Agreement shall not be affected thereby. In such a case the Parties shall by mutual agreement substitute for the provisions concerned a provision considered substantially equivalent in economic terms. Munich, October I I, 2001 Siemens Aktiengesellschaft U.S-China Industrial Exchange, Inc.
Sample 1

Related to Legally Void or Unfeasible Provisions

  • Severability of Covenants/Blue Pencilling If any court determines that any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the Restrictive Covenants shall not thereby be affected and shall be given full effect, without regard to the invalid portions. If any court determines that any of the Restrictive Covenants, or any part thereof, are unenforceable because of the duration of such provision or the area covered thereby, such court shall have the power to reduce the duration or area of such provision and, in its reduced form, such provision shall then be enforceable and shall be enforced. Executive hereby waives any and all right to attack the validity of the Restrictive Covenants on the grounds of the breadth of their geographic scope or the length of their term.

  • Term; Termination; Survival of Provisions The term of this Agreement shall commence on the date hereof and shall continue, unless earlier terminated pursuant to the provisions of this section, for twelve (12) months, automatically renewed thereafter for monthly periods unless either Party informs the other in writing thirty (30) days prior to the end of the current term of its intent to terminate this Agreement. This Agreement may be terminated prior to the end of the current term, by mutual written consent of the Parties hereto, or:

  • Lock-Up Provisions (a) Holder hereby agrees not to, during the period (the “Lock-Up Period”) commencing from the Closing and ending on the earlier of (A) the one (1) year anniversary of the date of the Closing, (B) the first date subsequent to the Closing with respect to which the closing price of the Purchaser Common Stock has equaled or exceeded $12.00 per share (as adjusted for stock splits, stock dividends, reorganizations, recapitalizations and the like) for any 20 trading days within any 30-trading day period commencing at least 150 days after the Closing or (C) the date on which the Purchaser completes a liquidation, merger, capital stock exchange, reorganization or other similar transaction that results in all of the Purchaser’s stockholders having the right to exchange their shares of Purchaser Common Stock for cash, securities or other property: (i) lend, offer, pledge, hypothecate, encumber, donate, assign, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, or otherwise transfer or dispose of, directly or indirectly, any Restricted Securities, (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Restricted Securities or (iii) publicly disclose the intention to do any of the foregoing, whether any such transaction described in clauses (i), (ii) or (iii) above is to be settled by delivery of Restricted Securities or other securities, in cash or otherwise (any of the foregoing described in clauses (i), (ii) or (iii), a “Prohibited Transfer”). The foregoing sentence shall not apply to the transfer of any or all of the Restricted Securities owned by Xxxxxx (I) by gift, (II) by will or other testamentary document or intestate succession upon the death of Xxxxxx, (III) to any Permitted Transferee (as defined below), (IV) pursuant to a court order or settlement agreement or other domestic order related to the distribution of assets in connection with the dissolution of marriage or civil union, (V) to the Purchaser pursuant to any contractual arrangement in effect on the date of this Agreement that provides for the repurchase of shares of Purchaser Common Stock in connection with the termination of the undersigned’s employment with or service to the Purchaser; provided, however, that in any of cases (I), (II), (III) or (IV) above, it shall be a condition to such transfer that the transferee executes and delivers to the Purchaser and the Purchaser Representative an agreement stating that the transferee is receiving and holding the Restricted Securities subject to the provisions of this Agreement applicable to Holder, and there shall be no further transfer of such Restricted Securities except in accordance with this Agreement. As used in this Agreement, the term “

  • Restrictive Provisions As consideration for the foregoing payments, Executive agrees not to challenge the enforceability of any of the restrictions contained in Sections 5, 6 or 7 of this Agreement upon or after the occurrence of a Change of Control.

  • Transfers in Violation of Agreement Any Transfer or attempted Transfer of any Carried Shares in violation of any provision of this Agreement shall be void, and the Company shall not record such Transfer on its books or treat any purported transferee of such Carried Shares as the owner of such equity for any purpose.

  • Standard of Care; Uncontrollable Events; Limitation of Liability SMC shall use reasonable professional diligence to ensure the accuracy of all services performed under this Agreement, but shall not be liable to the Company for any action taken or omitted by SMC in the absence of bad faith, willful misfeasance, negligence or reckless disregard by it of its obligations and duties. The duties of SMC shall be confined to those expressly set forth herein, and no implied duties are assumed by or may be asserted against SMC hereunder. SMC shall maintain adequate and reliable computer and other equipment necessary or appropriate to carry out its obligations under this Agreement. Upon the Company's reasonable request, SMC shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. Notwithstanding the foregoing or any other provision of this Agreement, SMC assumes no responsibility hereunder, and shall not be liable for, any damage, loss of data, delay or any other loss whatsoever caused by events beyond its reasonable control. Events beyond SMC's reasonable control include, without limitation, force majeure events. Force majeure events include natural disasters, actions or decrees of governmental bodies, and communication lines failures that are not the fault of either party. In the event of force majeure, computer or other equipment failures or other events beyond its reasonable control, SMC shall follow applicable procedures in its disaster recovery and business continuity plan and use all commercially reasonable efforts to minimize any service interruption. SMC shall provide the Company, at such times as the Company may reasonably require, copies of reports rendered by independent public accountants on the internal controls and procedures of SMC relating to the services provided by SMC under this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall SMC, its affiliates or any of its or their directors, officers, employees, agents or subcontractors be liable for exemplary, punitive, special, incidental, indirect or consequential damages, or lost profits, each of which is hereby excluded by agreement of the parties regardless of whether such damages were foreseeable or whether either party or any entity has been advised of the possibility of such damages.

  • Inapplicable Provisions If any term, condition or covenant of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision.

  • Survival of Restrictive Covenants Employee acknowledges that the above restrictive covenants shall survive the termination of this Agreement and the termination of Employee’s employment for any reason. Employee further acknowledges that any alleged breach by the Company of any contractual, statutory or other obligation shall not excuse or terminate the obligations hereunder or otherwise preclude the Company from seeking injunctive or other relief. Rather, Employee acknowledges that such obligations are independent and separate covenants undertaken by Employee for the benefit of the Company.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • Severability; Survival In the event any provision or portion of this Agreement is determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the invalid or unenforceable part had been severed and deleted. The respective rights and obligations of the parties hereunder shall survive the termination of the Executive's employment to the extent necessary to the intended preservation of such rights and obligations.

Time is Money Join Law Insider Premium to draft better contracts faster.