MISCELANEOUS Sample Clauses

MISCELANEOUS. 17.1 This Agreement together with any documents referred to in it constitutes the entire agreement and understanding between the Parties and supersedes any previous oral or written agreement between them (which shall be deemed to have been terminated by mutual consent) relating to subject matter hereof . 17.2 If any term, covenant, condition or provision of this Agreement, or their application to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired. 17.3 Waiver by party of performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver of any other covenant or condition under this Agreement. 17.4 Time is of the essence in the performance of services under this Agreement. 17.5 The Parties agree that the present business arrangement reflected in this Agreement is on a non exclusive basis. 17.6 No variation of or supplement to this Agreement, or of any of the documents referred to in it, shall be valid unless it is in writing and signed by or on behalf of each of the Parties . 17.7 This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and all the counterparts together shall constitute one and the same instrument. 17.8 Unless otherwise notified in writing by the Seller to the Buyer, the following additional persons can only represent and bind the Seller for the purposes of this Agreement: Full Name: SELLER’S REPRESENTATIVE 1 Passport No/Country: Full Name: SELLER’S REPRESENTATIVE 2 Passport No/Country: 17.9 Unless otherwise notified in writing by the Buyer to the Seller, the following additional persons can only represent and bind the Buyer for the purposes of this Agreement: Passport No/Country: Passport No/Country: Position: Name: Passport No/Country: Date: Authorized Seller’s Signature & Company Stamp Company: EKA GOLD GENERAL TRADING FZC Position: Administrative Manager Name: Xxxx Xxxxx Passport No/Country: United Kingdom, XXX, Exp. XX-XXX- XXXX Authorized Buyer’s Signature & Company Stamp EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As app...

MISCELANEOUS. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to execute this Contract on such principal’s behalf. This Contract may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Any party hereto may deliver a copy of its counterpart signature page to this Contract via fax or e-mail. Each party hereto shall be entitled to rely upon a facsimile or electronic signature of any other party delivered in such a manner as if such signature were an original.

MISCELANEOUS. 43.1 The Allottee hereby agrees for allotment of the Apartment on the specific understanding that his/her/its right to the use of Common Areas shall be subject to timely payment of Maintenance Charges, as determined by the Promoter/Maintenance Company (or Association) and performance by the Allottee of all his/her/its obligations in respect of the terms and conditions specified by the Promoter/Maintenance Company and/or Association from time totime. 43.2 The Deed of Conveyance of the Apartment shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the Deed of Conveyance will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error. 43.3 It is understood by the Allottee that all other areas i.e. areas and facilities falling outside the Project shall not form a part of the declaration to be filed with competent authority to be filed in accordance with the Applicable Laws. 43.4 It is understood by the Allottee that the Sub-Station Portion are fully excluded from the purview and ambit of these presents and notwithstanding anything elsewhere to the contrary herein contained, the Allottee shall not have any ownership share right title interest whatsoever or howsoever therein nor any claim or demand with regard thereto. 43.5 The Allottee is fully aware of the fact and covenants that notwithstanding anything elsewhere to the contrary herein contained, it is expressly clarified that the paths passages driveways etc., along the outer periphery of the Residential Complex on its Northern, Eastern, Southern and Western Portion shall be for common use by the Allottees as well as the Promoter. 43.6 Provisions of this Agreement applicable on the Allottee/subsequent Allottees

MISCELANEOUS. 38.1 Nothing contained in this Agreement is intended to be nor shall be construed as a grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be sold to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the Promoter until the same is transferred as hereinbefore mentioned. 38.2 Prior to registration of the Conveyance Deed for the Apartment, no assignment, sublease or alienation of interest in the Apartment in full or in part, shall be permitted or recognized by the Promoter except upon payment of a transfer fee @ 5% (five percent) of the Total Consideration or the consideration for such transfer, whichever is higher plus applicable taxes, to the Promoter, provided that the Allottee has cleared all his/her dues together with interest thereon, if any, payable till the date of such proposed transfer with respect to the Apartment. Such transfer shall be subject to due diligence, approval and written acceptance of the profile of the intended transferee by the Promoter before the transfer request can be processed. Provided further that no transfer fee is payable in case of transfer to the spouse or child or parents of the Allottee or in case of joint allottees transfer by the first allottee in favour of the second allottee. or vice versa It is further clarified that inclusion of a new joint allottee or change of a joint allottee shall be treated as a transfer unless such joint allottee is the spouse or child or parent of the original allottee. Such transfer shall be on the execution and registration of an agreement for sale by the transferee and the Promoter, the costs for which shall be borne by the transferee. 38.3 It is hereby clarified that stamp duty, registration fee and mutation charges shall not be included in the Total Consideration and the same shall be paid by the Allottee as per actuals. Further, at the time of handover of possession of the Apartment, the Allottee shall pay to the Promoter a documentation charge/legal fee of Rs. 7,500/- for two bedroom unit and Rs.10,000/- for three bedroom apartment. 38.4 On dishonour of a cheque on any ground whatsoever, the payment for such amount shall be made by the Allottee by a demand draft/ pay order and the Allottee shall be liable to pay to the Promoter a charge of INR 500 (Indian Rupees five hundred) for every...

MISCELANEOUS. 37.1 Nothing contained in this Agreement is intended to be nor shall be construed as a lease, grant, demise or assignment in law, of the said Apartment or any part thereof. The Allottee shall have no claim, save and except in respect of the Apartment hereby agreed to be leased to him/her/it, and all open spaces, parking spaces, lobbies, staircases, terraces and recreational spaces shall remain the property of the ADDA/Promoter until the same is transferred as hereinbefore mentioned. 37.2 That the Allottee acknowledges that provision has been made for the installation of diesel generator (DG) for power backup to run the basic facilities like lift, water pump, common area lighting etc. in the Project and also to provide adequate power load to individual Units for running the essential electrical utilities. The Promoter, the Association or the Apex Body or the Facility Management Company, as the case may be, will operate the DG. The Promoter will not entertain any applications for extra load. 37.3 That, on and from the Possession Date, the Allottee shall at all times make timely payment of the proportionate Maintenance Charges to the Promoter or the Association or the Apex Body or the Facility Management Company, as the case may be, in the manner and at such intervals and at such rates as may be decided by the Promoter or the Association or the Apex Body or the Facility Management Company, as the case may be, failing which the Promoter or the Association or the Apex Body or the Facility Management Company, as the case may be, shall be entitled to take such action as it may deem fit. 37.4 That the Allottee shall not build, erect or put upon the Common Areas any item of any nature whatsoever. 37.5 That the Allottee shall carry out any repair or interior or any other works in the Apartment only between reasonable hours so as not to cause any annoyance, nuisance and/or disturbance to the other Co-Lessees and/or Co-Occupiers of the Project. 37.6 That the Allottee shall not use the Apartment or permit the same to be used for any purpose save and except exclusively for residential purpose and use or permit the same to be used for any purpose which may cause or is likely to cause nuisance or annoyance or cause damage or inconvenience to any Co-Lessees and/or Co-Occupiers of the Project. 37.7 That the Allottee shall not make or permit any disturbing noises in the Apartment by the Allottee himself, his family, his invitees or servants, or do or permit anything to be do...

MISCELANEOUS. 45.1 The Allottee hereby agrees for assignment of the Plot on the specific understanding that his/her/its right to the use of Common Areas shall be subject to timely payment of Maintenance Charges, as determined by the Promoter/Maintenance Company (or Association) and performance by the Allottee of all his/her/its obligations in respect of the terms and conditions specified by the Promoter/Maintenance Company and/or Association from time to time. 45.2 The Deed of Sale-Cum-Assignment of the Plot shall be drafted by the Solicitors/Advocates of the Promoter and shall be in such form and contain such particulars as may be approved by the Promoter. No request for any changes whatsoever in the Deed of Sale-Cum-Assignment will be entertained by the Promoter unless such changes are required to cure any gross mistake or typographical or arithmetical error.

MISCELANEOUS. (a) No delay or omission by the Company or JEM in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by the Company or JEM on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. (b) The captions of the sections of this Agreement are for convenience of reference only and in no way define, limit or affect the scope or substance of this Agreement. 5 * * *

MISCELANEOUS. 3.1 Stanford and Histogenics acknowledge and agree that the Agreement, as amended, is valid and in good standing as of the Effective Date of this Amendment. 3.2 Except as amended hereby, all other provisions of the Agreement remain in full force and effect. 3.3 The parties to this Amendment agree that a copy of the original signature (including an electronic copy) may be used for any and all purposes for which the original signature may have been used. The parties further waive any right to challenge the admissibility or authenticity of this document in a court of law based solely on the absence of an original signature. **** CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.

MISCELANEOUS. This Agreement represents the entire agreement between Seller and Purchaser and may not be modified or changed except by written instrument executed by the parties. This Agreement shall be construed according to the laws of the Commonwealth of Virginia and shall be binding upon and shall insure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. To the extent any handwritten or typewritten terms herein conflict with, or are inconsistent with the pre-printed terms hereof, the handwritten or typewritten terms shall control. The parties agree that faxed or electronic transmission of any signed original document shall have the same effect as an original. No party will refuse delivery of any notice from the other party in order to hinder or delay any deadline established in this Agreement. Unless otherwise provided herein, the representations and warranties made by seller herein and all other provision of this agreement shall be deemed merged into the deed delivered at settlement and shall not survive settlement.

MISCELANEOUS. This AGREEMENT including the Exhibits thereto, and this LANTERN AFC ADDENDUM , including the Exhibits hereto set forth the entire understanding and obligation of the Parties with respect to the subject matter of the AGREEMENT and supersedes any and all prior or contemporaneous negotiations, representations, understandings and agreements, whether written or oral between the Parties. No amendment or modification of this AGREEMENT shall be valid or binding unless made in writing and signed on behalf of each of the Parties. Any amendment of the AGREEMENT and/or this LANTERN AFC ADDENDUM that restricts, impairs or diminishes OV’s rights and licenses to the COMPOUND and/or the PRODUCT is expressly prohibited.