Miscellaneous Legal Provisions Sample Clauses

Miscellaneous Legal Provisions. Company may discontinue the Sites at any time and for any reason, without notice. To the extent permitted by applicable law, Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal data, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal data we have collected from you may be one of the assets transferred to such entities, located inside or outside the European Union. In any case, we shall remain compliant with our Privacy Policy. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, e...

Miscellaneous Legal Provisions a. This Agreement is the result of negotiations by and between the Parties who have retained and had the ability to retain and consult with attorneys of their own choosing and the terms of this Agreement, including any ambiguity in this Agreement, shall be construed neutrally and not for or against any Party hereto. b. This Agreement shall be governed according to the laws of the State of Arizona. c. The Parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the Parties hereto waives any right to a trial by jury. In the event of litigation, the Parties hereby agree to submit to a trial before the Court. The Consultant further agrees that this provision shall be contained in all subcontracts related to the project, which is the subject of this Agreement. d. If there is any legal action or proceeding between CYMPO and the Consultant arising from or based upon this Agreement, the unsuccessful Party to such action or proceeding shall pay to the prevailing Party costs and expenses, including reasonable attorneys’ fees incurred by such prevailing Party. The award of attorneys’ fee shall be made by the Court without a jury. e. This Agreement represents an entire and integrated Agreement between CYMPO and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. Except as required or allowed by this Agreement, this Agreement may be amended only by written instrument signed by both CYMPO and the Consultant. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision herein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. f. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. g. None of the provisions of this Agreement shall be held to be waived or modified by reason of any act or reliance whatsoever. No waiver of any term of this Agreement or right hereunder shall be effective unless the waive is in a writing which is clear, unambiguous and executed by the Party sought to be charged. The failure to enforce a term or provision of this Agreement shall not be a waiver. One or more waivers by either Party of any term, condition or covenant shall not, unless clearly stated, be a cont...

Miscellaneous Legal Provisions. 19.1 This is the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof. 19.2 No party may rely on any representation which allegedly induced that party to enter into this agreement, unless the representation is recorded herein. 19.3 No agreement varying, adding to, deleting from or cancelling this agreement (including this clause) and no waiver of any right under this agreement shall be effective unless in writing and signed by or on behalf of the parties. 19.4 No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place. 19.5 This agreement shall be governed by and construed according to the law of South Africa. 19.6 This agreement may be signed by parties in any number of counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same agreement. 19.7 Since the provisions of this agreement have been settled by negotiation and each party has been free to secure independent legal advice, the rule of construction that clauses must be interpreted against the party principally responsible for drafting does not apply. 19.8 Whenever specific words of a particular class are used in conjunction with general words then the specific words shall not limit the scope of the general words. If any provision is followed by the word "including" and specific examples, such examples must not be construed so as to limit the general ambit of the provision concerned. 19.9 Each party consents to the jurisdiction of the Magistrates' Court of South Africa in respect of any action which may be instituted against such party arising out of this agreement. This clause does not prevent either party from instituting action in a High Court having jurisdiction. 19.10 The expiration or termination of this agreement does not affect such of its provisions which of necessity must continue to apply after such expiration or termination. 19.11 Headings of clauses are inserted for the purpose of convenience only and must be ignored in the interpretation of this agreement. 19.12 Unless inconsistent with the context, words signifying any one gender will include the others, words signifying the singular will include the plural and vice versa and wor...

Miscellaneous Legal Provisions. A. I agree that, should any provision or aspect of this Release be found to be unenforceable, that all remaining provisions of the Release will remain in full force and effect. B. I represent that my agreement to the provisions herein is wholly voluntary, and further understand that, prior to signing this Release, I have the right to consult with the adviser, counselor, or attorney of my choice. C. This Release represents my complete understanding with the College and the University concerning their responsibility and liability for my participation in the Program. It supersedes any previous or contemporaneous understandings I may have had with the College or the University on this subject, whether written or oral, and cannot be changed or amended in any way without my written concurrence. D. I represent that I am at least eighteen years of age or, if not, that I have secured on the following page, the signature of my parent or guardian as well as my own. STATE OF ) COUNTY OF ) On this day of , 200 , before me personally appeared Notary Stamp Notary Public I, : print full name (a) am the parent or legal guardian of the Applicant; (b) have read the foregoing Waiver and Release Agreement (including such parts as may subject me to personal financial responsibility); (c) am and will be legally responsible for the obligations and acts of the Applicant as described in this Release; and (d) agree, for myself and for the Applicant, to be bound by its terms.

Miscellaneous Legal Provisions. The miscellaneous legal provisions in Section 6 of the MSC are incorporated by reference herein as if set forth in full, except to the extent such Section 6 is superseded by Utitity's Tariff Rule 4.

Miscellaneous Legal Provisions. 19.1 This is the whole agreement between the parties containing all the provisions agreed on by the parties, with regards to the subject matter of it. 19.2 No agreement varying, adding to, deleting from or cancelling this Agreement (including this clause) and no waiver of any right under this Agreement (except as specifically provided for in clause 14.4) shall be effective unless in writing and signed by or on behalf of the parties. 19.3 This Agreement shall be governed by and construed according to the law of South Africa.

Miscellaneous Legal Provisions. 35.1. This Agreement and its annexures, including the SLA and its appendices and the tender documents contain all of the provisions agreed to by the Parties with regard to the subject matter hereof and the Parties waive the right to rely on any alleged provision not contained therein. This Agreement may be executed by the Parties in one or more counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one indivisible whole. 35.2. The rule of interpretation that an Agreement shall be interpreted against the party responsible for the drafting and or preparation of an agreement shall not apply. 35.3. TNPA shall have the right to enforce any lien or right of retention it may have over the Contractor’s equipment. 35.4. This Agreement and its annexures, including the SLA and its appendices, and the tender documents are to be taken as complementary. In the event of any conflict between the provisions of any annexure or the tender document and this Agreement, the provisions of this Agreement shall prevail. 35.5. The parties undertake at all times to do all such things, to perform all such acts and to take all such steps and to procure the doing of all such things, the performance of all such actions and the taking of all such steps as may be open to them and necessary for or incidental to the putting into effect or maintenance of the terms, conditions and import this Agreement. 35.6. The Contractor shall not be entitled to cede, assign or otherwise transfer or make over all or any of its rights, interests or obligations under and in terms of this Agreement to any third party. 35.7. Each party hereto shall bear and pay any costs incurred by it in connection with the negotiations, drafting, preparation and signature of this Agreement.

Miscellaneous Legal Provisions. A. I agree that, should any provision or aspect of this Agreement be found to be unenforceable, that all remaining provisions of the Release will remain in full force and effect. B. I represent that my agreement to the provisions herein is wholly voluntary, and further understand that, prior to signing this Agreement, I have the right to consult with the adviser, counselor, or attorney of my choice. C. This Agreement represents my complete understanding with the College concerning its responsibility and liability for my participation in the program. It supersedes any previous or contemporaneous understandings I may have had with the College on this subject, whether written or oral, and cannot be changed or amended in any way without my written concurrence. D. I represent that I am at least eighteen years of age or, if not, that I have secured on the following page, the signature of my parent or guardian as well as my own.

Miscellaneous Legal Provisions. 15.1. This is the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof. 15.2. No party may rely on any representation which allegedly induced that party to enter into this agreement, unless the representation is recorded herein. 15.3. No agreement varying, adding to, deleting from or cancelling this agreement and no waiver of any right under this agreement shall be effective unless in writing and signed by or on behalf of the parties. 15.4. No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place. 15.5. No party may cede, delegate, assign or sub-contract any of its rights or obligations in terms of this agreement without the prior written consent of the other parties. Dated and signed by the SELLER/S at Durban on this day of 2016

Miscellaneous Legal Provisions. I agree, that should any provision or aspect of this Release be found unenforceable, that all remaining provisions of the Release will remain in full force and effect.