MISCELLEANEOUS. The Parties hereto agree that the provisions of the Agreement as amended by this Addendum No. 7 shall be identical to those in existence prior to the execution of this Addendum No. 7 save insofar as the same have been amended hereby, and that all references in the Agreement to the term "this Agreement" shall be deemed to be references to the Agreement as confirmed and amended hereby and references to "the Agreement", "hereof", "hereunder", "herein" and kindred expressions shall be construed accordingly. The Parties agree that this Addendum No. 7 shall be governed by the laws of England and Wales and that any disputes arising hereunder shall be subject to the same dispute resolution mechanism as provided for under Section 8.3 of the Agreement. This Addendum No. 7 shall become effective upon receipt by the Company of USD 106,000,000 from Frontline, provided that upon such effectiveness, the amendment of the Suezmax Bonus Amount and the VLCC Bonus Amount and the establishment of the Cash Sweep Bonus Payment shall be effective from 1 January 2012.
MISCELLEANEOUS. 30.1 Nothing in the Contract creates a relationship of partnership, employment, joint venture or agency between the Parties.
30.2 If any clause in the Contract is unenforceable, illegal or void then it is severed and the rest of the Contract remains in force.
30.3 An amendment or variation to the Contract is only effective if it is in writing and signed by the Parties.
30.4 Waiver of any provision of or right under the Contract must be in writing signed by the party entitled to the benefit of that provision or right, and is effective only to the extent set out in the written waiver.
30.5 The Contract constitutes the entire agreement between the parties in connection with the supply of the Goods or the provision of the Services contemplated by the Contract, provided that this clause 30.5 does not prevent the University from relying on any representations made by Contractor in relation to the Goods or the Services.
30.6 The Contract is governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
30.7 The Contractor must pay all duties (e.g. transfer duties) imposed in respect of any or all of the documents constituting the Contract.
30.8 The Parties agree to execute all documents and do all acts as may be reasonably necessary to give full force and effect to the Contract and these General Conditions.
30.9 The Contract may be signed in counterparts, which counterparts will together constitute one agreement.
MISCELLEANEOUS. 4.1 Customer understands that proprietary software belonging to DiCentral may reside on Customer’s facilities (the “Software”) when using DiWeb. Customer agrees that, subject to the limited license provided herein, all ownership rights and interest in the Software remain with DiCentral. DiCentral hereby grants Customer a non-exclusive, non-transferable limited license to use the Software via DiCentral site for purposes of this Agreement only and in the regular course of its business. Customer agrees not to transfer, adapt, modify, otherwise copy, reverse assemble, reverse compile or otherwise translate or distribute the Software or rent, lease, assign or attempt to license it. The license shall terminate with the termination of the Agreement.
4.2 The laws of the State of Texas, United States shall govern this Agreement. Venue shall be Xxxxxx County, Texas, United States.
4.3 If any provision of this Agreement is unenforceable or invalid under any applicable law, or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
4.4 This Agreement may be modified by DiCentral by providing written notice to Customer, or by posting the new Agreement or terms on its website and notifying Customer of such posting.
4.5 DiCentral may provide notice under this Agreement by (i) sending written notice to customer, including through written invoices, (ii) sending e- mails to Customer through accounting or technical e- mail address(es) maintained by DiCentral, (iii) providing click-wrap notices on DiCentral’s website, including DiWeb, or (iv) other means reasonably expected to be received by Customer.
4.6 This Agreement, as amended, constitutes the complete and exclusive Agreement between the Customer and DiCentral regarding DiWeb. This Agreement supersedes and governs all prior proposals, agreements, or other communications between the Customer and DiCentral
MISCELLEANEOUS. 9.1 Failure or delay on the party of either Party to exercise any right under this Agreement shall not be deemed as a waiver thereof.
9.2 The provisions of this Agreement may not be waived, modified or amended except by an instrument in writing signed by the Parties (which instrument shall be attached as an Appendix hereto).
9.3 The invalidity of any provision of this Agreement shall not affect the validity of any other provision of this Agreement which is unrelated to that provision.
9.4 The parties and their successors and assignees (if any) are all obligated by this Agreement.
9.5 This Agreement is executed in two (2) originals in English and Chinese, with each Party holding one (1) set of originals. In the event of any conflict between the English and Chinese versions, the Chinese version shall prevail.
MISCELLEANEOUS. The Parties hereto agree that the provisions of the Agreement as amended by this Addendum No. 2 shall be identical to those in existence prior to the execution of this Addendum No. 2 save insofar as the same have been amended hereby, and that all references in the Agreement to the term “this Agreement” shall be deemed to be references to the Agreement as confirmed and amended hereby and references to “the Agreement”, “hereof”, “hereunder”, “herein” and kindred expressions shall be construed accordingly. The Parties agree that this Addendum No. 2 shall be governed by the laws of England and Wales and that any disputes arising hereunder shall be subject to the same dispute resolution mechanism as provided for under Section 7.3 of the Agreement. This Addendum No. 2 shall become effective on the date of the Parties’ signature hereof.
MISCELLEANEOUS. (a) Matters not covered in this Agreement shall be resolved by means of consultation between both parties, or by way of working out a supplementary agreement to this Agreement in accordance with the laws of the Republic of Singapore.
(b) Parties agree that all disputes arising out of this Agreement shall be resolved by amicable discussion and negotiation, and where that is not possible that such disputes shall be referred to arbitration in Singapore before one appointed arbitrator, in accordance with the rules of arbitration provided by the Singapore International Arbitration Centre.
MISCELLEANEOUS. 19.1. That the LESSOR shall have no objection if the LESSEE applies to the telecommunication authorities for telecommunication connection at LESSEE’s own cost.
19.2. Any non-exercise or non-enforcement of any right hereunder by the LESSOR or the LESSEE shall not be deemed to be a waiver of such a right and the LESSOR or the LESSEE, as the case may be, shall be entitled to exercise and enforce the same on all future occasions.
19.3. The Parties hereto acknowledge, declare and confirm that this Lease Deed represents the entire agreement between them regard- ing the subject matter hereof and no alterations, additions or modification hereto shall be valid and binding unless the same are reduced in writing and signed by both the Parties.
19.4. If at any time, any provision of this agreement shall become or be held illegal, invalid or unenforceable in any respect under any law, then the legality, validity or enforceability of the remaining provisions shall not in any way be thereby affected or impaired. Any invalid or unenforceable provisions of this Lease shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid or unenforceable provision.
19.5. The Parties expressly agree that only the Competent Courts of Jurisdiction at New Delhi shall have exclusive jurisdiction in all matters arising hereunder and shall be governed under the Laws of India.
MISCELLEANEOUS. No waiver of any breach or default of this Agreement by Consultant shall be considered to be a waiver of any other breach or default of this Agreement. Should any litigation be commenced between Developer and Agent Assist for such breach, the party prevailing in such litigation shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorney's fees and costs in such litigation. Every provision of this Agreement is intended to be severable. If any term or provision hereof is determined to be illegal or invalid for any reason whatsoever, said illegality or invalidity shall not affect the validity of the remainder of this Agreement. The interpretation of this Agreement shall be governed by the local law of the State of Nevada and adjudicated in the courts of Xxxxx County. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter thereof. This Agreement shall inure to the benefit of the parties and their successors and assigns.
MISCELLEANEOUS. No waiver of axx xxxxxx xx xxxxxxx of this Agreement by Consultant shall be considered to be a waiver of any other breach or default of this Agreement. Should any litigation be commenced between Duluth and Company for such breach, the party prevailing in such litigation shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorney's fees and costs in such litigation. Every provision of this Agreement is intended to be severable. If any term or provision hereof is determined to be illegal or invalid for any reason whatsoever, said illegality or invalidity shall not affect the validity of the remainder of this Agreement. The interpretation of this Agreement shall be governed by the local law of the State of Colorado. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter thereof. This Agreement shall inure to the benefit of the parties and their successors and assigns.
MISCELLEANEOUS. Save as provided for herein all other provisions of the Loan Agreement shall remain unchanged and in full force and effect.
