MISCELLEANOUS. A. To the extent permitted by the laws of the jurisdiction under which the Participating Group is organized, the parties agree that this Agreement shall be construed under the laws of the state of the Participating Group, and the parties further agree that the federal and state courts located in the state of the Participating Group shall have exclusive and sole jurisdiction to resolve all disputes arising under or related to this Agreement. The parties irrevocably consent to the jurisdiction of the federal and state courts of the Participating Group and agree that such courts are the only proper venue for the resolution of disputes between them. Notwithstanding the foregoing, all state and local laws applicable to the Participating Group and pertaining to sovereign immunity, choice of law, jurisdiction, venue, remedies and any other matter addressed by this Agreement shall remain in full force and effect and shall supersede any contradictory provision in this Agreement.
MISCELLEANOUS. The Standing Conciliator shall not assign, delegate or sub-contract any of his/her duties, without the agreement of the Parties to the Contract. This Agreement is governed by and construed in accordance with Irish law. Any dispute or claim arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the arbitration rules referred to in the Contract, amended as required. Signed for and on behalf of the Employer Name of authorised person Signature of authorised person In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address Signed on behalf of2 Name of Contractor Name of authorised person Signature of authorised person In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address OR (if the Contractor is an individual) Signed by Name of Contractor Signature of Contractor In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address OR (if the Contractor is a joint venture execution must be by each member, using the blocks below) Joint Venture Member 1 Signed on behalf of Name of Joint Venture Member 1 Signature of authorised person In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address Joint Venture Member 2 Signed on behalf of Name of Joint Venture Member 2 Signature of authorised person In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address Joint Venture Member 3 Signed on behalf of Name of Joint Venture Member 3 Signature of authorised person In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address Signed by the Standing Conciliator Signature of Standing Conciliator In the presence of Name of witness Signature of witness Witness’s occupation Witness’s Address APPENDIX 1
MISCELLEANOUS. If any provision of this AUP is in violation of any governmental statute or regulation, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions. The waiver of a breach of any provision of this AUP will not operate or be interpreted as a waiver for any other or subsequent breach. You may not use our name or any logo, trademark, service mark, business name, trade name, domain name or social media account name or handle owned or licensed by us or generally speaking, our brand features, whether registered or not, and including any good will associated therewith, in any manner without our prior written consent. We shall not be liable for delays in or failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God or public enemy, acts of government in either its sovereign or contractual capacity, flood, earthquake or other natural disaster, strike or other labor disputes, acts of war, acts of civil disobedience, denial-of-services and distributed- denial-of-services, ransomware and other cyber-attacks that are not caused or facilitated by our gross negligence.
MISCELLEANOUS. If any portion of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions or the provisions in the Services Agreement. The Services Agreement entered into between the parties and applicable Order Forms/change orders, together with these Terms, constitutes the entire agreement between the parties as it pertains to the matters in the Services Agreement and supersedes any oral discussions, written communications, or draft agreements that occurred prior to execution of the Services Agreement. The Services Agreement shall not be amended or altered without a formal written document executed by both parties. Notwithstanding the foregoing, to the extent that SUDS and Customer have executed more than one Services Agreement throughout their relationship, each of those Service Agreements, along with their corresponding Terms, shall be treated separately and remain in full force and effect according to their individual terms. Suds Subscription Services and are intended for use only in the United States and Canada.
MISCELLEANOUS. THIS AMENDMENT SHALL BE DEEMED TO BE A CONTRACT UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AND SHALL FOR ALL PURPOSES BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS (EXCLUDING THE LAWS APPLICABLE TO CONFLICTS OR CHOICE OF LAW). The captions in this Amendment are for convenience of reference only and shall not define or limit the provisions hereof.
MISCELLEANOUS. A. The parties agree that this Agreement shall be construed under the laws of the State of Ohio, and the parties further agree that the federal and state courts located in Ohio shall have exclusive and sole jurisdiction to resolve all disputes arising under or related to this Agreement. The parties irrevocably consent to the jurisdiction of the federal and state courts located in Ohio and agree that such courts are the only proper venue for the resolution of disputes between them. Accepted: Accepted: For PARTICIPATING GROUP For WINTER GUARD INTERNATIONAL, INC. Name: Name: Xxx Xxxxxxxxx Title: Title: Chief Executive Officer Dated: Dated: January 1, 2020
MISCELLEANOUS. 4.1 CUSTOMER agrees to provide access to all Equipment covered by this Support Services Agreement. HONEYWELL will be permitted to start and stop all primary equipment incidental to the operation of the mechanical, control, automation, and life safety system(s), with prior notification to and authorization by CUSTOMER’S designated representative.
MISCELLEANOUS. The validity, interpretation, implementation and resolution of disputes arising out of or in connection with this Agreement shall be governed by Indian law. The Parties agree that all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts or tribunals (as the case may be) at Pune, India.
MISCELLEANOUS. This contract has been made in and shall be governed by and constructed in the french laws.
MISCELLEANOUS. All rights, title and interest in and to the Intellectual Property Rights which are used or developed in the performance of the services shall remain vested in UKCRB’s or its licensors. The Agreement and all the documents referred to in it constitute the entire understanding between MITIE and the Client relating to the subject matter and no representation or statement not contained in the Agreement shall be binding on either party. None of the parties has relied on or is relying on any representation in entering into and completing the transaction contemplated. MITIE has not authorised its employees or agents to make representations or give undertakings relating to the Services or the meaning of these Terms and Conditions other than in writing. This Agreement shall expressly override all or any terms or conditions sought to be imposed by the Client however communicated to MITIE and whether before or after the date of the Agreement unless and until such variations to the Agreement are agreed to by MITIE in writing by an authorised representative of MITIE. All conditions and warranties which would otherwise be implied by statute or under common law are hereby excluded to the fullest extent permitted by law. Each party agrees and undertakes that it will hold any Confidential Information disclosed to it (whether directly or indirectly and by whatever means) in complete confidence, and will not disclose it in whole or in part at any time to any third party, nor use Confidential Information for any purpose other than the performance of its obligations under this Agreement. Both parties shall destroy in a secure manner all Confidential Information and any documents, manuals, instructions and data relating to the Service or this Agreement. The Customer may not assign, transfer or purport to assign or transfer a right or obligation under this Agreement without the prior written consent of UKCRB. UKCRB reserves the right to assign any or all of its rights under this Agreement as part of a bona fide merger, reorganisation or sale of its business. Nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties or give either party the power to bind the other. No failure or delay by any party to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are several and c...
