MISCELLANIOUS. 11.1 This Agreement shall come into effect on the Commencement Date.
11.2 Save for the purposes of complying with its obligations to the Licensee or to its Members or to any Associated Society and save for disclosure to its professional advisers, PRS for Music, BPI and AIM, MCPS shall not, without the Licensee’s written consent, disclose any confidential information (so long as it remains confidential) supplied by the Licensee hereunder to any other person.
11.3 For the purpose only of calculating interest under this Agreement where any payment or statement is sent by first class post:
11.3.1 the postmark shall be sufficient proof of the date the payment or statement was sent; and
11.3.2 such payment or statement shall be deemed to have been received before close of business on the second working day after posting.
11.4 No delay or omission in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver shall be binding or effective for any purpose unless expressed in writing and signed by the party giving it and any such waiver shall be effective only in the specific instance and for the purpose given.
11.5 This Agreement sets forth the entire agreement of the parties in relation to the subject matter hereof and each of the parties hereto acknowledges that it has not entered into this Agreement in reliance on any representation or term not contained in this Agreement. This Agreement shall not be modified or varied except by a written instrument signed by the parties hereto.
11.6 The headings to the clauses in this Agreement are included for ease of reference only and are not part of this Agreement and are not to be taken into account in its construction.
11.7 If this Agreement creates any rights which would in the absence of this provision be enforceable by any person not a party to this Agreement, such rights shall not be enforceable.
11.8 Except as expressly set out herein, the Licensee must not assign or transfer any of its rights or obligations under this Agreement (except with the written consent of MCPS).
11.9 This Agreement shall be subject to the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the Courts of England.
1. Vinyl and all derivatives of Vinyl
2. Cassette and all derivatives of Cassette
3. CDs and ...
MISCELLANIOUS. Upon the Buyer’s request, the Seller, its affiliates or its partners will actively support the Buyer in its discussions when the Buyer is seeking financing for predelivery payments and/or the final aircraft price, including presenting the Buyer to financial institutions. In this respect the Seller and the Buyer will need to co-operate closely to provide all necessary information as may be requested by the potential financiers, including the terms of disclosure of the contract and detailed financial information. The availability of such financing will be subject to market conditions. Should the Buyer wish to pursue this opportunity, the Buyer will advise the Seller accordingly.
MISCELLANIOUS. Art. 25 The Borrower and the Guarantor hereby declare that they have willingly provided information about their personal data as a mandatory precondition for the conclusion of this contract and they explicitly allow in regard to the Personal data protection Act the Lender to handle and store their personal data to the extent it is necessary for the performance of this contract and to the extent it is allowed by the law. Art. 26 Written notices between the parties shall be sent to the addresses indicated above: the registered address of the Lender and the current address of the Borrower and the Guarantor.
MISCELLANIOUS. SECTION 1. There shall be supplemental hazard pay as follows: On jobs where employees are required to work from trusses, scaffolds, frames, ladders, bosun chairs, etc., or on open structures, towers or open pits, etc., a distance of thirty (30) feet or more from the bottom, ground, or floor, they shall be paid one dollar and seventy- five cents ($1.75) per hour above the regular rate of such work. Whenever it is possible for a xxxxxxx to fall thirty (30) feet or more from the place he is working, while working from or on any of the above-described structures or devices, it shall be considered as hazardous and shall be paid at one dollar and seventy-five cents ($1.75) per hour above the regular rate. The above enumeration is not exclusive. This applies to employees and supervisors only when performing their duties in the hazardous area. Hazard Pay (high pay) will not be paid when an employee is working on a mechanical man-lift, snorkel lift or OSHA approved scaffold or when on a roof not required to be tied off per OSHA standards.
A. Supplemental hazard pay of one dollar and seventy-five cents ($1.75) per hour shall be paid to any employee who is required to work in an area where epoxy resins or other injurious chemicals are being applied. Hazard Pay will be paid to all employees who are cutting, or grinding, rigid fiberglass duct. No hazard pay to be paid for working with fiberglass duct board.
B. Prior to any employee working around chemicals, written notice shall be served to the employees of 1) exactly what the chemical or chemicals are; 2) what safety precautions should be taken; and 3) provide proper safety equipment if necessary.
MISCELLANIOUS. 1. This Contract constitutes the entire and only agreement between the parties relating to the subject matter, and supersedes and cancels all previous agreements, negotiations, commitments and representatives in respect thereto, and may not be released, discharged, abandoned, changed or modified in any manner except by an instrument in writing of subsequent date signed by duly authorized officer or representative of each of the parties hereto.
2. This Contract shall be binding upon YZN and ACL and upon their respective successors, assigns and legal representatives.
3. In the event that any term of This Contract is unlawful or unenforceable, such provision shall be of no force nor effect and This Contract shall otherwise continue in full force and effect.
MISCELLANIOUS. In case a clause in the Amendment and the Agreement is not aligned, the Amendment shall supersede the Agreement.
MISCELLANIOUS. 5.1 Notices All notices, requests, consents and other communications required or permitted to be given hereunder, shall be in writing and shall be deemed to have been duly given if delivered by registered or cert. First class mail, postage paid (notices dent by telegram or mailed shall be deemed to have been given on the date sent), to the parties at their respective address herein above set forth or to such other address as either party shall designate by notice in writing to the other in accordance herein.
5.2 Governing Law This Agreement shall be governed by and construed and enforced in accordance with the local laws of the State of Arizona applicable to all agreements made and performed. This Agreement shall be governed in all respects and for all purposes by the laws of the State of Arizona and the Courts of State of Arizona shall have jurisdiction to enforce any Order of award obtained in arbitration. If any provision of this Agreement shall be declared void or against public policy, such provision shall be deemed severed from its Agreement and the remaining provisions shall remain if full force and effect and unmodified.
5.3 Entire Agreement This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supercedes all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof. No representation, promise or inducement has been made by any party that is not embodied in this Agreement, and no party shall be bound by or liable for any alleged representation, promise or inducement not so set forth.
MISCELLANIOUS. 12.1. If any provision of this Agreement is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other provision of this Agreement.
12.2. This Agreement contains the entire agreement and understanding of the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this agreement.
12.3. In case of conflict between the provisions of the Security Sharing Agreement on one hand and this Agreement on the other hand, the provisions of this Security Sharing Agreement shall prevail.
12.4. This Agreement may be executed in any number of counterparts and by the different parties to this agreement in separate counterparts, each of which when executed and delivered shall be an original, but all of which when taken together shall constitute a single instrument. (the “Accession Letter”) We refer to the agency agreement, between Reitir fasteignafélag hf., as Issuer, LOGOS legal services slf. as Facility Agent (the „Former Facility Agent“), and the Initial Bondholders, as listed in Schedule 1 thereto, dated 21 November 2014 (the „Agency Agreement“). Capitalised terms used herein and not defined herein shall have the respective meanings ascribed thereto in the Agency Agreement. By the decision of [the Bondholders / the District Court of Reykjavík] on [date], in accordance with Clause 3.1.2 of the Agency Agreement, [New Facility Agent] has been appointed as a replacement Facility Agent (the „New Facility Agent“) to succeed the Former Facility Agent in the role of Facility Agent under the Agency Agreement. By the entry into of this Accession Letter, and from the date hereof, the New Facility Agent hereby accepts its appointment as Facility Agent and assumes all the rights and obligations of Facility Agent under the Agency Agreement. For the avoidance of doubt, the New Facility Agent shall not be liable for any actions or inactions having occurred prior to its appointment as Facility Agent on the date hereof. The Former Facility Agent shall henceforth be relieved from any of its rights and obligations as Facility Agent, subject however to the Former Security Agent still remaining liable for any actions or inactions effected during its appointment as Facility Agent. [the New Facility Agent] Confirmation of the above as Former Facility Agent [the Former Security Agent] [place/date] We refer to the Bond Programme dated [**] and the Issue Description date...
MISCELLANIOUS. Except as modified by Section 1. above, the Lease is hereby ratified and confirmed and remains in full force and effect. In the event of any conflict between the terms of this amendment and the terms of the Lease, the terms of this Amendment shall prevail. This Amendment may be executed in counterparts, each of which shall be deemed an original and both of which, taken together, shall be one and the same instrument, binding on each signatory. A copy of this Amendment that is executed by a party and transmitted by that party to the other party by facsimile or email shall be binding upon the signatory to the same extent as a copy hereof containing the signatory's original signature.
MISCELLANIOUS. 14.1 This agreement may be amended by the Provider from time to time to reflect adjustments of pricing, or nature of services provided.
14.2 Any updated version of this agreement will be made available to the Company via the No Big Deal Platform. By continuing to use the No Big Deal Platform, the Company agrees to those amendments.
