Miscellaneous Terms Sample Clauses
The 'miscellaneous terms' clause serves as a catch-all section that addresses various legal and administrative provisions not covered elsewhere in the agreement. This clause typically includes items such as governing law, dispute resolution procedures, assignment rights, waiver of rights, and severability of contract terms. By consolidating these essential but diverse provisions, the clause ensures that the contract is comprehensive and addresses potential issues that may arise, thereby reducing ambiguity and minimizing legal risks for both parties.
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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. In the event that a court of competent jurisdiction declares any of the conditions or terms herein invalid or unenforceable for any reason, the remaining provisions shall be given full force and effect. This Agreement shall be irrevocable by the parties hereto. Each party to this Agreement warrants and represents that the signatory hereof on its behalf has full, lawful authority to enter into this agreement. The parties further certify that there are no reservations or understandings except as provided in this Agreement. Any prior statements, offers, representations or understandings are deemed a matter of negotiation only and are merged into this Agreement which contains the only agreement between the parties regarding the subject matter described herein. Proprietor further certifies that there are no contracts or agreements with any other party regarding the subject matter herein.
Miscellaneous Terms a. The Tenant must comply with all legal regulations, avoid hazardous activities, and obtain the Landlord’s consent for signage.
b. Pets are allowed only for disability needs.
c. The Tenant accepts the Premises 'as is' and allows the Landlord entry for inspections or repairs.
Miscellaneous Terms. The term "or" shall not be exclusive. The terms "herein," "hereof," "hereto," "hereunder" and other terms similar to such terms shall refer to this Agreement as a whole and not merely to the specific article, section, paragraph or clause where such terms may appear. The term "including" shall mean "including, but not limited to."
Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Venue for any disputes arising under this Contract shall be in the court of competent jurisdiction in Brazos County, Texas.
B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Engineer: Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Ph.D., P.E CDM ▇▇▇▇▇ Inc P.O. Box 1000 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇, P.E. Bryan, Texas 77805 8310-1 ▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition.
D. This Contract represents the entire and integrated agreement between the City and the Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties.
E. This Contract and all rights and obligations contained herein may not be assigned by the Engineer without the prior written approval of the City.
F. The Engineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract.
G. The Engineer certifies that neither he, nor any co-owner of the organization is related to a member of the City Council of the City of ▇▇▇▇▇ within the first, second, or third degree of consanguinity (blood) or affinity (marriage).
H. The Engineer shall apply basic safeguarding requirements and procedures to protect Engineer’s information systems whenever the information systems store, process or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that necessary to process payments. These requirements a...
Miscellaneous Terms. The parties to this Agreement declare and represent that:
a. They have read and understand this Agreement;
b. They have been given the opportunity to consult with an attorney if they so desire;
c. They intend to be legally bound by the promises set forth in this Agreement and enter into it freely, without duress or coercion;
d. They have retained signed copies of this Agreement for their records; and
e. The rights, responsibilities and duties of the parties hereto, and the covenants and agreements contained herein, shall continue to bind the parties and shall continue in full force and effect until each and every obligation of the parties under this Agreement has been performed.
Miscellaneous Terms. Usage by Lessee: Lessee shall comply with all rules, regulations and laws of any governmental authority with respect to use and occupancy. Lessee shall not conduct or permit to be conducted upon the Premises any business or permit any act which is contrary to or in violation of any law, rules or regulations and requirements that may be imposed by any authority or any insurance company with which the Premises is insured, nor will the Lessee allow the Premises to be used in any way which will invalidate or be in conflict with any insurance policies applicable to the building. In no event shall explosives or extra hazardous materials be taken onto or retained on the Premises. Furthermore, Lessee shall not install or use any equipment that will cause undue interference with the peaceable and quiet enjoyment of the Premises by other tenants of the building. Signs: Lessee shall not place on any exterior door, wall or window of the Premises any sign or advertising matter without Lessor’s prior written consent and the approval of the _________________________________ [Municipality]. Thereafter, Lessee agrees to maintain such sign or advertising matter as first approved by Lessor in good condition and repair. Furthermore, Lessee shall conform to any uniform reasonable sign plan or policy that the Lessor may introduce with respect to the building. Upon vacating the Premises, Lessee agrees to remove all signs and to repair all damages caused or resulting from such removal. Pets: Unless otherwise stated in this Lease Agreement, the only pets that shall be allowed on the Premises are those needed legally due to a disability or handicap. Condition of Premises/Inspection by Lessee: The Lessee has had the opportunity to inspect the Premises and acknowledges with its signature on this lease that the Premises are in good condition and comply in all respects with the requirements of this Lease. Furthermore, the Lessor makes no representation or warranty with respect to the condition of the Premises or its fitness or availability for any particular use, and the Lessor shall not be liable for any latent or patent defect therein. Furthermore, the Lessee represents that Lessee has inspected the Premises and is leasing and will take possession of the Premises with all current fixtures present in their “as is” condition as of the date hereof.
Miscellaneous Terms. I. Usage by Lessee: Lessee shall comply with all rules, regulations and laws of any governmental authority with respect to use and occupancy. Lessee shall not conduct or permit to be conducted upon the Premises any business or permit any act which is contrary to or in violation of any law, rules or regulations and requirements that may be imposed by any authority or any insurance company with which the Premises is insured, nor will the Lessee allow the Premises to be used in any way which will invalidate or be in conflict with any insurance policies applicable to the building. In no event shall explosives or extra hazardous materials be taken onto or retained on the Premises. Furthermore, Lessee shall not install or use any equipment that will cause undue interference with the peaceable and quiet enjoyment of the Premises by other tenants of the building.
Miscellaneous Terms. Nearmap customer Licensee grants Nearmap the right to use Licensee’s name and logo to identify as a Nearmap customer for marketing or promotional purposes in public or private communications with our existing or potential customers, subject to Licensee’s standard trademark usage guidelines as provided to us from time to time. Additional Terms and Conditions The Additional Terms and Conditions form part of, and should be read in conjunction with, this Agreement. Independent Contractors The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, and neither may make commitments on the other’s behalf. The parties agree that neither party’s employee or contractor is an employee of the other party Construction The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favour of or against either party by reason for authorship. Waiver Any waiver of any terms of the Agreement will be effective only if in writing and signed by the party granting the waiver and will be effective only to the extent specifically set out in that waiver. Any rights not expressly granted herein are reserved. Severability If one or more of the terms of the Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining terms will not be affected. Amendments This Agreement may only be varied with the written consent of Nearmap and the Licensee. Nearmap may make any amendment to this Agreement immediately and without providing the Licensee any notice, if Nearmap reasonably considers that the amendment is likely to benefit or have a neutral impact on the Licensee (Non-Detrimental Amendment). Assignment Except as provided below, neither party may assign or otherwise transfer or attempt to assign any right or obligation arising out of this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed. Nearmap may assign all or any part of this Agreement, without the Licensee’s consent, in connection with a merger, acquisition, corporate reorganisation, change of control or sale or disposition of substantially all of its assets (or any substantially similar transaction). Additionally, Nearmap may assign all or any part of this Agreement to its Related Parties and Subsidiaries without the Licensee’s consent. Entire Agreement This...
Miscellaneous Terms. (a) Nothing contained herein shall be construed to relieve FTS of any of its duties and obligations under the Agreement with respect to periods prior to the date first above written.
(b) Other than as provided in this Amendment, all terms and conditions of the Agreement shall remain unchanged, and the Agreement as amended hereby remains in full force and effect. To the extent any term or condition of the Agreement conflicts or is inconsistent with the provisions of this Amendment, the provisions of this Amendment shall control.
(c) This Amendment may be executed and delivered in counterparts, each of which will be deemed an original but all of which will together constitute one and the same instrument.
(d) This Amendment may be executed and delivered by electronic signatures and any such signatures appearing on this Amendment are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
