Miscellaneous Other Terms Sample Clauses

Miscellaneous Other Terms. This Agreement, together with the Services Order, constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. In the event of a conflict between a Services Order and this Agreement, this Agreement shall govern. No amendment of any term of this Agreement is effective unless signed in writing by each party. The terms, conditions, warranties, representations and indemnities contained in this Agreement, including the documents, instruments and agreements executed and delivered by the Parties pursuant hereto, may be waived only by a written instrument executed by the Party waiving compliance. Any such waiver shall only be effective in the specific instance and for the specific purpose for which it was given and shall not be deemed a waiver of any other provision hereof or of the same breach or default upon any recurrence thereof. No failure on the part of a Party hereto to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. Customer may not assign or transfer this Agreement or a Services Order to a third party, or to an entity, business unit or division thereof other than the entity, business unit or division thereof listed in Services Order, whether by assignment or operation of law, without prior written consent of Zmags, and such consent may be conditioned upon changes in the Services Fees or Term. The parties are independent contractors, and no partnership, joint venture or franchise is created hereby. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. Any terms that by their nature survive termination or expiration of this Agreement, will survive, including Sections 4, 5, 6, 8, 9, 10 and this Section 14. Each party must comply with the export laws of the United States in providing and using the Services. The Convention on Contracts for the International Sale of Goods does not apply. Customer acknowledges Zmags may utilize third party software and services (including “cloud” services and software) when providing the Services. This Agreement may be ex...
Sample 1
AutoNDA by SimpleDocs
Miscellaneous Other Terms. Neither this Amendment nor the Agreement can be amended or otherwise modified, except as agreed to in writing by each of the parties hereto. This agreement is accepted and agreed to by the following authorized representatives of the parties and each person signing below represents and warrants that he or she has the necessary authority to bind the principal set forth below.
Sample 1
Miscellaneous Other Terms. The provisions of Article X of the Business Combination Agreement are incorporated herein by reference and shall apply to the terms and provisions of this Amendment and the parties hereto, mutatis mutandis.
Sample 1
Miscellaneous Other Terms. A. I acknowledge that I was advised to consult with an attorney of my choice (at my expense) before I sign this Agreement. Company will rely on my signature on this Agreement as my representation that I have read this Agreement carefully before signing it, and that I have a full and complete understanding of its terms.
Sample 1
Miscellaneous Other Terms. A. I acknowledge that in executing this Release, I do not rely, and have not relied, upon any representation or statement made by Company, any of the Affiliates, or by any of its employees or representatives with regard to the subject matter hereof, other than documents specifically referenced in this Release.
Sample 1
Miscellaneous Other Terms. This Agreement and all Order(s) and SOW’s constitute the entire Agreement between the parties, and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. No modification or waiver of any term of this Agreement is effective unless both parties sign it. Neither party may assign or transfer this Agreement or an Order to a third-party, except that the Agreement with all Orders may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party. The parties are independent contractors with respect to each other. If any term of this Agreement is invalid or unenforceable, the other terms remain in effect. Balihoo rejects additional or conflicting terms of a form purchasing document. If there is an inconsistency between this Agreement and an Order or SOW, the Order or SOW prevails. Any terms that by their nature survive termination or expiration of this Agreement, will survive, including without limitation Sections 3, 6 and 7. Balihoo may use Customer's name and logo in customer lists and related promotional materials describing Customer as a customer of Balihoo, which use must be in accordance with Customer’s trademark guidelines and policies provided in writing to Balihoo. Neither party is liable for force majeure events. Customer: Balihoo Authorized Signature: Authorized Signature: Printed Name: Printed Name: Title: Title:
Sample 1
Miscellaneous Other Terms. This agreement constitutes the agreement between the parties, and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. No modification or waiver of any term of this agreement is effective unless both parties sign it. Neither party may assign or transfer this agreement or an order to a third party, except that the agreement with all orders may be assigned as part of a merger, or sale of all or substantially all of the business or assets, of a party. The parties are independent contractors with respect to each other. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. ARC rejects additional or conflicting terms of a form purchasing document. If there is an inconsistency between this agreement and an order, the order prevails. Any terms that by their nature survive termination or expiration of this agreement, will survive. With the prior written consent of Customer, ARC may use Customer's name and logo in customer lists and related promotional materials describing Customer as a customer of ARC’s Identity as a Service, which use must be in accordance with Customer’s trademark guidelines and policies. Department of Information Resources ("Customer") ARC Government Solutions, Inc. Signature on file signature on file Name: Xxxxxx Block Name: Xxxx Xxxxx Title: Chief Information Security Officer Title: President Date: 6/30/2016 Date: 6/27/16
Sample 1
AutoNDA by SimpleDocs
Miscellaneous Other Terms 
Sample 1Sample 2Sample 3See All (4)

Related to Miscellaneous Other Terms

  • Miscellaneous Terms The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.

  • Miscellaneous Terms and Conditions The following terms and conditions also apply.

  • Other Miscellaneous Terms The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

  • Miscellaneous Provisions Section 11.01

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

  • Other Miscellaneous Provisions The provisions of Sections 9.6, 9.8, 9.9, 9.11 and 9.12 of the Merger Agreement shall be incorporated into to this Agreement, mutatis mutandis, except for such changes as are required to comply with applicable Law.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Miscellaneous Powers The Trustees shall have the power to: (a) employ or contract with such Persons as the Trustees may deem desirable for the transaction of the business of the Trust; (b) enter into joint ventures, partnerships and any other combinations or associations; (c) purchase, and pay for out of Trust Property, insurance policies insuring the Shareholders, Trustees, officers, employees, agents, investment advisors, distributors, selected dealers or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such Person against such liability; (d) establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans for any Trustees, officers, employees and agents of the Trust; (e) make donations, irrespective of benefit to the Trust, for charitable, religious, educational, scientific, civic or similar purposes; (f) to the extent permitted by law, indemnify any Person with whom the Trust has dealings, including without limitation any advisor, administrator, manager, transfer agent, custodian, distributor or selected dealer, or any other person as the Trustees may see fit to such extent as the Trustees shall determine; (g) guarantee indebtedness or contractual obligations of others; (h) determine and change the fiscal year of the Trust and the method in which its accounts shall be kept; and (i) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust.

  • Miscellaneous Expenses Board members may seek reimbursement for other expenses incurred while attending a meeting sponsored by organizations described herein by fully describing the expenses on the expense form, attaching receipts.

  • Miscellaneous Transactions (A) PFPC Trust is authorized to deliver or cause to be delivered Property against payment or other consideration or written receipt therefor in the following cases:

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