Miscellaneous Terms and Covenants Sample Clauses

Miscellaneous Terms and Covenants. The parties have agreed that notwithstanding anything to the contrary contained in this Agreement hereinbefore, the Agreement shall be subject to the following other respective terms conditions and covenants on the parts of the Developer and/or Vendor and Allottees to be respectively obeyed, observed and performed, as the case may be. i. In case, payment is made by any third party on behalf of Allottee(s), the CGEWHO will not be responsible toward such third party making such payment or remittances on behalf of the Allottee(s) and such third party shall not have any right in the Application and/or Allotment, if any, in any manner whatsoever and the CGEWHO shall issue the payment receipts in the name of the Allottee(s) only. ii. In the event of any change in the specifications necessitated on account of any Force Majeure events or to improve or protect the quality of construction, the CGEWHO, on the recommendations of the Architect, shall be entitled to effect such changes in the materials and specifications provided the CGEWHO shall ensure that the cost and the quality of the substituted materials or specifications is equivalent or higher than the quality and cost of materials of specifications mentioned in the Part II of the Fourth Schedule hereunder written. iii. If due to any act, default or omission on the part of the Allottee(s), the CGEWHO is restrained from construction of the said Residential Project and/or transferring and/or disposing off the other Flats/Apartments in the Residential Project and/or Residential Complex then and in that event without prejudice to the other rights and entitlements of the said CGEWHO, the Allottee(s) shall be liable to compensate for such damages and accordingly keep the said CGEWHO indemnified, saved and harmless against all such suits, actions, proceedings, losses, damages (present remote or consequential), costs, claims, demands and impositions arising by reason of such act or default or omission on the part of the Allottees. iv. The Allotment is personal and the Allottee(s) shall not be entitled to transfer, let out, alienate the said Flat/Apartment without the consent in writing of the CGEWHO PROVIDED HOWEVER after the full payment of the entire price and other amounts and registered conveyance the Allottee(s) shall be entitled to let out, grant, lease and mortgage and / or deal with the said Flat/Apartment for which no further consent of the CGEWHO shall be required. All the provisions contained herein and the ...
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Miscellaneous Terms and Covenants i) The name of the Project/Building shall be and shall always be “The Crown”, and the Allottee and/or the Association and/or the Apartment Allottees shall not and/or shall not be entitled to change the name and/or call upon the Owner to change the same under any circumstances. ii) None of the Indemnified Parties shall be liable for any direct, indirect, punitive, incidental or consequential loss, claim, demand, damage etc. suffered by the Allottee including but not limited to due to loss of documents, delay in postal services and/or any other eventualities beyond the control of the Indemnified Parties, and the Allottee agree(s) and undertake(s) to keep each of the Indemnified Parties safe, harmless and indemnified with regard thereto. iii) The Allottee agree(s) and accept(s) that irreparable damage would be caused to the Owner in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or are otherwise breached, and thus it is accordingly agreed that the Owner shall be entitled to specifically enforce the terms and provisions of this Agreement. iv) The Parties acknowledge and agree that the Parties have entered into this Agreement as independent entities and purely on principal to principal basis, and nothing stated herein shall be deemed to constitute an association of Persons and/or a partnership between/amongst any of the Parties, or be construed as a joint venture between/amongst the Parties. Each Party shall keep each of the other Party(ies) duly indemnified from and against the same. v) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. (“Said Premises”) All That the piece and parcel of land recorded as admeasuring 5 (five) bighas 2 (two) cottahs 9 (nine) chittacks and 19 (nineteen) sq.ft. more or less, but upon physical measurement found to admeasure 5 (five) bighas 1 (one) cottah 7 (seven) chittacks and 34 (thirty four) sq.ft. more or less, together with the structures standing thereon and/or the Project to developed thereon, situate, lying at and being Premises Xx. 00X, Xxxxxxxxxx Xxxx (also known as Beliaghata Main Road), Kolkata - 700 015, Police Station Entally, Post Office Tangra, within Xxxx No. 57 of The Kolkata Municipal Corporation, and butted and bounded in the following manner:- On the North : Partly by Beliaghata Road, partly by portion of Premises Xx. 00X, Xxxxxxxxxx Xxxx...
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Miscellaneous Terms and Covenants. The conditions and miscellaneous terms set forth in Articles XI and XII of the Program Transfer Agreement are incorporated herein by reference as though fully set forth herein.
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Miscellaneous Terms and Covenants 
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Related to Miscellaneous Terms and Covenants

  • Miscellaneous Terms and Conditions 11.1 Nothing contained in this Amendment shall be deemed: (a) to obligate Verizon to offer or provide unbundled access to any UNE (whether as a stand-alone UNE, as part of a combination, or otherwise) that was not already available to Customer under the Agreements prior to this Amendment, (b) to obligate Verizon to offer or provide unbundled access at rates prescribed under Section 251(c)(3) of the Act to any facility that is or becomes a Discontinued UNE, whether as a stand-alone UNE, as part of a combination, or otherwise or (c) to limit any right of Verizon under the Agreement (independent of this Amendment), any Verizon tariff or SGAT, or otherwise, to cease providing a Discontinued UNE, whether as a stand-alone facility, as part of a combination, or otherwise. 11.2 Notwithstanding any other provision of the Agreement, and without limiting any existing rights Verizon may have to cease providing UNEs that are discontinued under Applicable Law, in the event that the FCC determines or has determined (whether by forbearance of existing rules, a rule change or otherwise) that Verizon is not required to provide any UNEs contained in the Amended Agreements beyond the UNEs specifically addressed in this Amendment, then Verizon (to the extent it has not already done so prior to execution of this Amendment) may implement such discontinuation by notifying Customer and/or by publishing notice of such discontinuation on Verizon’s wholesale website, and no amendment to the Amended Agreement shall be required for such purposes. Any such notice that Verizon issues (or has issued) shall address, among other things, the date on which new orders are disallowed and any transition period that is required for the embedded base (which shall be at least 90 (ninety) days unless the FCC requires a longer transition period for the embedded base). After the end of any such transition period, Customer’s embedded base of the subject UNE will be treated as a Discontinued UNE under Section 10 above.

  • 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 Covenants The Debtor will: (i) keep all tangible Collateral in good repair, working order and condition, normal depreciation excepted, and will, from time to time, replace any worn, broken or defective parts thereof; (ii) promptly pay all taxes and other governmental charges levied or assessed upon or against any Collateral or upon or against the creation, perfection or continuance of the Security Interest; (iii) at all reasonable times, permit the Secured Party, the Banks or their representatives to examine or inspect any Collateral, wherever located, and to examine, inspect and copy the Debtor's books and records pertaining to the Collateral and its business and financial condition and to send and discuss with account debtors and other obligors requests for verifications of amounts owed to the Debtor; (iv) keep accurate and complete records pertaining to the Collateral and pertaining to the Debtor's business and financial condition and submit to the Secured Party such periodic reports concerning the Collateral and the Debtor's business and financial condition as the Secured Party may from time to time reasonably request; (v) promptly notify the Secured Party of any loss of or material damage to any Collateral or of any adverse change, known to the Debtor, in the prospect of payment of any sums due on or under any instrument, chattel paper, or account constituting Collateral; (vi) if the Secured Party at any time so requests (whether the request is made before or after the occurrence of an Event of Default), promptly deliver to the Secured Party any instrument, document or chattel paper constituting Collateral, duly endorsed or assigned by the Debtor; (vii) at all times keep all tangible Collateral insured against risks of fire (including so-called extended coverage), theft, collision (in case of Collateral consisting of motor vehicles) and such other risks and in such amounts as the Secured Party may reasonably request, with any loss payable to the Secured Party to the extent of its interest; (viii) from time to time execute such financing statements as the Secured Party may reasonably require in order to perfect the Security Interest and, if any Collateral consists of a motor vehicle, execute such documents as may be required to have the Security Interest properly noted on a certificate of title; (ix) pay when due or reimburse the Secured Party on demand for all costs of collection of any of the Obligations and all other out- of-pocket expenses (including in each case all reasonable attorneys' fees) incurred by the Secured Party in connection with the creation, perfection, satisfaction, protection, defense or enforcement of the Security Interest or the creation, continuance, protection, defense or enforcement of this Agreement or any or all of the Obligations, including expenses incurred in any litigation or bankruptcy or insolvency proceedings; (x) execute, deliver or endorse any and all instruments, documents, assignments, security agreements and other agreements and writings which the Secured Party may at any time reasonably request in order to secure, protect, perfect or enforce the Security Interest and the Secured Party's rights under this Agreement; and (xi) not use or keep any Collateral, or permit it to be used or kept, for any unlawful purpose or in violation of any federal, state or local law, statute or ordinance.

  • 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 Terms The provisions of Article IX (General Provisions) of the Merger Agreement shall apply mutatis mutandis to this Amendment, and to the Merger Agreement as modified by this Amendment, taken together as a single agreement, reflecting the terms therein as modified by this Amendment.

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Miscellaneous Provision It is hereby understood that, to be entitled to the benefits under this Agreement, the MEMBER hereby waives his/her consent to the disclosure and processing of his/her medical/health information which is determinative for the assessment of his/her coverage and necessary for the treatment of his/her illness. MediCard, its Medical Service Units/Teams and its Accredited Hospitals/Clinics are hereby released from any liability by reason of such disclosure.

  • Miscellaneous Assignment Provisions Any assigning Bank shall retain ----------------------------------- its rights to be indemnified pursuant to (S)17 with respect to any claims or actions arising prior to the date of such assignment. If any assignee Bank is not incorporated under the laws of the United States of America or any state thereof, it shall, prior to the date on which any interest or fees are payable hereunder or under any of the other Loan Documents for its account, deliver to the Borrower and the Agent certification as to its exemption from deduction or withholding of any United States federal income taxes. If any Reference Bank transfers all of its interest, rights and obligations under this Credit Agreement, the Agent shall, in consultation with the Borrower and with the consent of the Borrower and the Majority Banks, appoint another Bank to act as a Reference Bank hereunder. Anything contained in this (S)20 to the contrary notwithstanding, any Bank may at any time pledge all or any portion of its interest and rights under this Credit Agreement (including all or any portion of its Notes) to any of the twelve Federal Reserve Banks organized under (S)4 of the Federal Reserve Act, 12 U.S.C. (S)341. No such pledge or the enforcement thereof shall release the pledgor Bank from its obligations hereunder or under any of the other Loan Documents.

  • Miscellaneous Amendments Notwithstanding anything contained herein to the contrary, whenever any of the terms “Leased Premises”, “Demised Premises” or “Premises” (and whether or not capitalized) is used herein, it shall be understood to mean the “premises leased hereby”; and whenever the term “Entire Premises” is used herein (and whether or not capitalized), it shall be understood to mean all of the contiguous land and buildings owned by Landlord at this location, which include the premises leased hereby. The term “Non-leased Premises” shall mean the Entire Premises less the Leased Premises.

  • Miscellaneous Conditions Consultant shall be responsible for and remedy all damage or loss to any property, including property of City, caused in whole or in part by Consultant, any SubConsultant, or anyone employed, directed, or supervised by Consultant.

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