M iscellaneous. 14.1. In the event of any inconsistency, discrepancy, misstatement or error appearing in translations of the particulars and the Online Terms and Conditions to any other language (if any), the Online Terms and Conditions in the English language shall prevail.
M iscellaneous. This Submission Agreement shall be governed exclusively by the laws of
M iscellaneous. 14 .1 . In the event of an y inc onsis tenc y, discrepanc y, misstatement or error ap pearing in trans lations of the particulars and the Online T erms an d Conditions to any other language ( if any), the O nl ine T erms and Conditions in the English languag e shall prevail.
M iscellaneous. Except for the Rules and Regulations and the APCHA Guidelines, this lease may not be modified except in writing signed by the parties. Subject to Section 12.0, this lease shall be binding upon the heirs, successors, and assigns of the parties hereto. This lease shall be construed in accordance with the laws of the State of Colorado; jurisdiction for any disputes hereunder shall be in the courts in and of Pitkin County and the State of Colorado. The APCHA may, at its discretion, refer tenant to one or more assistance organizations if paying rent becomes a problem or if there are any other behavioral concerns regarding safety, quiet enjoyment, the health and welfare of the tenant or others. Information shared with these organizations will include name, address and telephone number. Tenant will be notified in writing when a referral has been made giving the resource name and contact information.
M iscellaneous. A. G eneral, Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. The rights and obligations of the parties hereunder shall be governed by and construed as a sealed instrument in accordance with the laws of the State of Kansas without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in Wyandotte County, Kansas, in any action arising out of or relating to this Agreement and waives any other venue to which it may be entitled by domicile or otherwise. In the event that any one or more provisions contained herein (other than the provisions obligating Buyer to pay Seller for the Products) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The remedies contained herein are cumulative and in addition to any other remedies at law or in equity. Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other. This is the complete and exclusive statement of the agreement between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer.
B. W aiver of Jury Trial. IN THE EVENT OF ANY LEGAL PROCEEDING BETWEEN THE SELLER AND BUYER RELATING TO THIS AGREEMENT, NEITHER PARTY MAY CLAIM THE RIGHT TO A TRIAL BY JURY, AND BOTH PARTIES HEREBY WAIVE ANY RIGHT THAT EITHER PARTY MAY HAVE UNDER APPLICABLE LAW OR OTHERWISE TO A RIGHT TO A TRIAL BY JURY. BOTH BUYER AND SELLER HEREBY ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH PARTY HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT, AND THAT EACH...
M iscellaneous. (a) No amendment of this Agreement shall be valid or binding unless set forth in writing and executed by the party against whom enforcement of the amendment is sought. This Agreement constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and it supersedes all prior oral or written agreements, commitments, or understandings with respect to such matters.
(b) This Agreement shall be binding upon and shall inure to the benefits of the parties hereto and their respective successors and assigns. Each party agrees not to assign this Agreement to any person, except its Affiliates, without the consent of the other Party.
(c) All issues and questions concerning the construction, validity, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Pennsylvania, without giving effect to any choice of law rules.
(d) This Agreement and the obligations hereunder shall terminate on the consummation of the Proposed Transaction between Owner and Disclosing Party, or if no such consummation between Owner and Disclosing Party, then ten (10) years from the date hereof.
(e) The invalidity or unenforceability of any provision of this Agreement shall not affect or limit the validity or enforceability of any other provision hereof. If any provision shall be deemed to be invalid or unenforceable, each party authorizes any court or tribunal of competent jurisdiction to amend, revise, or edit the unenforceable provision so as to narrow its application to the extent necessary to render it enforceable according to, or in compliance with, applicable law.
(f) The headings of the Sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.
M iscellaneous. You will not present for processing or credit, directly or indirectly, any transaction not originated as a result of a Card transaction directly between you and a Cardholder or any transaction you know or should know to be fraudulent or not authorized by the Cardholder. You will not sell or disclose to third parties Card account information other than in the course of performing your obligations under this Agreement.
M iscellaneous. 14 .1 . In the event of any inc ons istenc y, discrepanc y, misstatement or error appearing in t ranslations of th e partic ulars and the O nline T erms and Conditions to any oth er language ( if any), the Online T erms and Condition s in the English language s hall prevail.
M iscellaneous. 14 .1 . In the event of any inc ons istenc y, discrepanc y, misstatement or error appearing in t ranslations of the particulars an d the Online T erms and Conditions to any other language ( if any), the O nline T erms and Co nditions in the Englis h language shall prevail.
M iscellaneous. 9.1 This Agreement shall be governed by the laws of the Commonwealth of Kentucky.
9.2 Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture or agency relationship between the parties or cause PCS to be responsible in any way for the debts or obligations of the Registered Sales Assistant. The intention of the parties is solely to create an independent contractor relationship with the Registered Sales Assistant of PCS and to provide securities services, subject to this PCS Registered Sales Assistant agreement.
9.3 Sales of securities, variable insurance products, variable annuities and insurance products to the general public by PCS or other Registered Sales Assistants of PCS will not be limited by this Agreement.
9.4 All notices required or permitted hereunder shall be given in writing and delivered personally or sent by United States registered or certified mail, postage prepaid, to the following address: Private Client Services 0000 Xxxxxxxxx Xxxx Louisville, Kentucky 40206 (000) 000-0000
9.5 This contains the entire understanding and Agreement of the Registered Sales Assistant and PCS, and supersedes all prior and contemporaneous Agreements or understandings, inducements, or conditions, expressed or implied, written or oral, between the Registered Sales Assistant and PCS and may be modified only in writing by PCS. The Registered Sales Assistant agrees that PCS may unilaterally change, amend or modify this Agreement at any time. If any of its provisions are held unenforceable, the remaining provisions shall not be invalidated. This may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and same instrument. It shall not be necessary to make proof of but one such counterpart in any court of law having jurisdiction with regard to this Agreement or any dispute arising pursuant hereto.
9.6 Any dispute or claim over the performance or interpretation of this Agreement that cannot be resolved by mutual consent of the parties shall be submitted subject to approval by PCS to be subjected to arbitration under the rules and procedures of the American Arbitration Association ("AAA") or otherwise all actions shall be brought in a court located in Louisville, Kentucky. This Agreement shall be governed by and constructed in accordance with the laws of the Commonwealth of Kentucky without regard to the rul...
