MISCELLENEOUS. 8.1 This agreement has to be read as a whole without having bearing on the arrangement of clause herein.
8.2 In this agreement singular would include plural and vice versa.
8.3 Any forbearance or delay on the part of the Bank to insist upon the performance of any terms and conditions of Credit Facilities Documents or to exercise any right or privilege thereby conferred or to demand any penalties resulting from any breach of any of the terms or conditions thereof shall not be construed as a waiver on the part of the Bank of any of the terms or conditions therein or of any of its rights or privileges and all original rights and powers of the Bank under this agreement will remain in full force, notwithstanding any such forbearance or delay.
8.4 It is expressly understood and agreed that the Bank shall have a right to appoint any entity for the supervision, monitoring, audit, inspection, valuation of the Borrower’s business and to disclose to such entity the information about the Obligors and the Credit Facilities as the Bank may considered appropriate and such disclosure shall not amount to breach of customer confidentiality and furthermore the Borrower shall provide to such an entity all the cooperation in caring out its work.
8.5 It is expressly understood and agreed that the Bank shall always have a right to assign, transfer, sell, novate or syndicate the Credit Facilities in part or full, with or without the underlying security and guarantee and the Obligors shall extend their fullest cooperation and execute, arrange or procure such other documentation as may be required by the Bank to effect it.
MISCELLENEOUS. (a) This Sublease may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument and may be delivered by e-mail or facsimile transmission, and any such e-mail or facsimile transmitted Sublease shall have the same force and effect as hardcopy originals.
(b) This Sublease shall be governed by and construed in accordance with the internal laws of the State of Connecticut. [Remainder of page intentionally left blank; signature pages follow.]
MISCELLENEOUS. (a) This Waiver and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law.
(b) This Waiver may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
(c) This Waiver may only be amended by the written consent of the Company and Seahawk.
(d) This Waiver shall be binding upon Seahawk’s successors and assigns, if any.
MISCELLENEOUS. 12.1) No privities of contract nor any arrangement between the Purchaser and other Purchaser : The Purchaser shall have no connection whatsoever with the Purchaser of the other units and there shall be no privity of contract or any agreement or arrangement or obligation or interest as amongst them (either express or implied) and the Purchaser shall be responsible to the Vendor for fulfillment of his/her/its obligations.
12.2) New levies of taxes etc. : The Purchaser will be liable to pay imposition of any new or enhancement in any tax or levy or betterment fees or development charges or levies under any statue rules and regulations on the Project Land and/or the complex as a whole and/or the said Unit or on the transfer thereof within 7 days of a demand being made by the Vendor without raising any objection thereto as per rule.
12.3) Name of the Housing Complex : The Housing complex shall be known by the name of “XXXXX XXXXX XXXXX HATHE” and Blocks shall be known as “GITANJALI”, “PUJA” “PREM” and “PRAKRITI” save and except the purchasers jointly herein nobody else shall have the right to change the said name.
MISCELLENEOUS. 8.1 Each Party shall pay their own legal and professional fees and other expenses incurred in connection with the transaction contemplated by this Agreement. Each Party represents to the other that no brokers or agents are being utilized by such Party with respect to this Agreement or the assignment of the Shipbuilding Contract.
8.2 No Party shall assign this Agreement or any rights or obligations hereunder without the prior written consent of the other Parties, provided that this Agreement may be assigned as collateral to any financiers of a Party.
8.3 This Agreement supersedes all prior discussions or agreements between the Parties related to the transaction contemplated by this Agreement and constitutes the entire agreement between the Parties related to the transaction contemplated by this Agreement. No amendments, waivers, or other modifications of this Agreement shall be affected unless in writing and executed by the Party to be bound thereby. P/Hull No. 1239/Novation Agreement
MISCELLENEOUS. During the term period of this agreement if the rules and regulations, terms and conditions are altered varied or modified by the GOHP, then the FRANCHISER shall be entitled unilaterally to make amendments to this agreement in consonance with such alterations or variations made by the GOHP. The FRANCHISEE shall at its exclusive cost and expense defends and conducts any legal action that may be initiated against it, with respect to the CSC. The FRANCHISEE shall further indemnify and keep the FRANCHISER saved and harmless from any such legal action against the FRANCHISER in respect of CSC. In the event of termination, without awaiting the resolution of the disputes, if any between FRANCHISER and FRANCHISEE in order not to cause inconvenience to the general public and in the public interest, FRANCHISER shall have the right to re-appoint a new FRANCHISEE for the designated area. It is agreed and understood that the interest of the Government of Himachal Pradesh and the interest of the public at large is the paramount consideration and that therefore the FRANCHISEE shall not be entitled for any injunctive relief seeking continuance of his licence or restraining the FRANCHISER from appointing a new FRANCHISEE for the designated area. The FRANCHISEE at all times (shall) maintain all the information and data that comes to his possession confidential and shall not reveal, distribute or part with any of the information or documents that comes to the possession of the FRANCHISEE in the course of running and operating the CSC. Likewise the FRANCHISEE shall maintain confidentiality with respect to all the information that may be provided by the customers obtaining services from the FRANCHISEE and shall not reveal or divulge the same to any one unless required by law. If the FRANCHISEE commits any breach of the aforesaid confidentiality term, in addition to the FRANCHISEE being solely and exclusively responsible for all the consequences thereof the FRANCHISER shall have right to forthwith terminate agreement and thereupon the FRANCHISER shall have all the rights under the termination clause referred to above. The FRANCHISER shall have the requisite power and authority to transfer its undertaking, business or any part thereof, without recourse to the FRANCHISEE and thereupon the successor of the FRANCHISER shall perform its obligation under this agreement. Such transfer or assignment of the business or undertaking shall not require the consent of the FRANCHISEE and the F...
MISCELLENEOUS. Schedule A herein before referred
MISCELLENEOUS. Subject to the observance and performance of the terms and conditions, covenants, stipulations, restrictions and obligations mentioned hereinabove and in addition thereto the parties hereto shall also observe, perform and fulfill the covenants, stipulations, restrictions and obligations required to be performed, followed and complied by the parties herein, including but not limited to those mentioned in the Schedule ‘H’ here under written.
MISCELLENEOUS. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unin-corporated associations.
MISCELLENEOUS a. This Agreement supersedes all prior agreements, arrangements and understandings, written or oral, relating to the subject matter hereof.
(i) This Agreement shall inure to the benefit of the Executive's heirs, representatives or estate to the extent stated herein.
(ii) This Agreement shall be binding on the successors and assigns of the Company, and the Company shall require any successor (whether direct or
(iii) indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company, by agreement in form and substance satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. As used in this Agreement, "Company" shall mean the Company as defined in the preamble to this Agreement and any successor to its business or assets which executes and delivers the agreement provided for in this Subsection 14 (b) (ii) or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
