Common use of Other Contract Terms Clause in Contracts

Other Contract Terms. Time is of the essence as to the Parties' obligations herein. In determining business days herein, the Parties shall consider US Federal holidays only. Seller has the right to cancel the Yacht’s sale at any time, provided this is done in good faith. In the event of any dispute between the Buyer and the Seller, National shall act as a fiduciary agent only and all funds held by the National shall be retained in its custody until the dispute is resolved or National is directed by the parties jointly (in writing), or court order, to disburse the funds. National shall be entitled to payment of its attorney's fees and costs by the non-prevailing Party in any legal proceeding in which National is involved. Buyer shall have the option to assign its rights under this Agreement to a special purpose entity, provided Buyer is the ultimate beneficial owner of the entity, Buyer remains liable under this Agreement, and the assignee is not otherwise prohibited by law or USMS policy from buying the Yacht. Seller makes no representations to Buyer regarding the Yacht other than those contained herein. The enforcement, interpretation, and construction of this Agreement, and all matters relating hereto, will be governed by United States federal law, and in the event that United States federal law is silent or inapplicable, and as federal law permits, the laws of the State of Florida will apply, without giving effect to the conflict of laws principles thereof. Seller’s waiver of sovereign immunity shall be governed by the Xxxxxx Act and the Federal Tort Claims Act. Any dispute arising out of or in connection with, or concerning the carrying into effect of, or the enforcement of, this Agreement, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of Florida, and the Parties hereby submit to the exclusive jurisdiction of that court for these purposes. This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated hereunder and supersedes all prior arrangements or understandings with respect thereto, written or oral. Further, this Agreement is not binding until signed by all Parties. This Agreement shall be binding upon Xxxxx’s heirs and successors. Buyer hereby releases the Seller and all its agencies and contractors and agrees to hold them harmless against all claims and losses associated with the Yacht. Buyer waives all remedies in equity but shall retain all remedies at law which are allowed by United States law. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. This Agreement may be signed and/or exchanged electronically and digital copies shall be treated as originals. The Parties agree that notices can be sent to each other by email, as follows: TO SELLER TO BUYER XxxxxxX@XxxXxx.xxx with a copy to Xxxxxxxxx.Xx-Xxxxxxx@xxxxx.xxx

Other Contract Terms. Time is of the essence as to the Parties' obligations herein. In determining business days herein, the Parties shall consider US Federal holidays only. Seller has the right to cancel the Yacht’s sale at any time, provided this is done in good faith. In the event of any dispute between the Buyer and the Seller, National shall act as a fiduciary agent only and all funds held by the National shall be retained in its custody until the dispute is resolved or National is directed by the parties jointly (in writing), or court order, to disburse the funds. National shall be entitled to payment of its attorney's fees and costs by the non-prevailing Party in any legal proceeding in which National is involved. Buyer shall have the option to assign its rights under this Agreement to a special purpose entity, provided Buyer is the ultimate beneficial owner of the entity, Buyer remains liable under this Agreement, and the assignee is not otherwise prohibited by law or USMS policy from buying the Yacht. Seller makes no representations to Buyer regarding the Yacht other than those contained herein. The enforcement, interpretation, and construction of this Agreement, and all matters relating hereto, will be governed by United States federal law, and in the event that United States federal law is silent or inapplicable, and as federal law permits, the laws of the State of Florida will apply, without giving effect to the conflict of laws principles thereof. Seller’s waiver of sovereign immunity shall be governed by the Xxxxxx Act and the Federal Tort Claims Act. Any dispute arising out of or in connection with, or concerning the carrying into effect of, or the enforcement of, this Agreement, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of Florida, and the Parties hereby submit to the exclusive jurisdiction of that court for these purposes. This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated hereunder and supersedes all prior arrangements or understandings with respect thereto, written or oral. Further, this Agreement is not binding until signed by all Parties. This Agreement shall be binding upon Xxxxx’s heirs and successors. Buyer hereby releases the Seller and all its agencies and contractors and agrees to hold them harmless against all claims and losses associated with the Yacht. Buyer waives all remedies in equity but shall retain all remedies at law which are allowed by United States law. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. This Agreement may be signed and/or exchanged electronically and digital copies shall be treated as originals. The Parties agree that notices can be sent to each other by email, as follows: TO SELLER TO BUYER XxxxxxX@XxxXxx.xxx XXxxxxxx@XxxXxxx.xxx with a copy to Xxxxxxxxx.Xx-Xxxxxxx@xxxxx.xxx@xxxxx.xxx SIGNATURES The Parties may sign this Agreement in counterparts, in original or facsimile form. The Parties have read, understand, approve, and accept the foregoing terms and conditions and have fixed their respective signatures hereto. BUYER By: Witness: Print Name & Title Print Name Date Date SELLER By: Witness: Print Name & Title Print Name Date Date

Other Contract Terms. Time is of the essence as to the Parties' obligations herein. In determining business days herein, the Parties shall consider US Federal holidays only. Seller has the right to cancel the YachtYacht and Xxxxxx’s sale at any time, provided this is done in good faith. In the event of any dispute between the Buyer and the Seller, National shall act as a fiduciary agent only and all funds held by the National shall be retained in its custody until the dispute is resolved or National is directed by the parties jointly (in writing), or court order, to disburse the funds. National shall be entitled to payment of its attorney's fees and costs by the non-prevailing Party in any legal proceeding in which National is involved. Buyer shall have the option to assign its rights under this Agreement to a special purpose entity, provided Buyer is the ultimate beneficial owner of the entity, Buyer remains liable under this Agreement, and the assignee is not otherwise prohibited by law or USMS policy from buying the YachtYacht and Dinghy. Seller makes no representations to Buyer regarding the Yacht and Dinghy other than those contained herein. The enforcement, interpretation, and construction of this Agreement, and all matters relating hereto, will be governed by United States federal law, and in the event that United States federal law is silent or inapplicable, and as federal law permits, the laws of the State of Florida California will apply, without giving effect to the conflict of laws principles thereof. Seller’s waiver of sovereign immunity shall be governed by the Xxxxxx Act and the Federal Tort Claims Act. Any dispute arising out of or in connection with, or concerning the carrying into effect of, or the enforcement of, this Agreement, including non-contractual disputes or claims, shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of FloridaCalifornia, and the Parties hereby submit to the exclusive jurisdiction of that court for these purposes. This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated hereunder and supersedes all prior arrangements or understandings with respect thereto, written or oral. Further, this Agreement is not binding until signed by all Parties. This Agreement shall be binding upon Xxxxx’s heirs and successors. Buyer hereby releases the Seller and all its agencies and contractors and agrees to hold them harmless against all claims and losses associated with the YachtYacht and Dinghy. Buyer waives all remedies in equity but shall retain all remedies at law which are allowed by United States law. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. This Agreement may be signed and/or exchanged electronically and digital copies shall be treated as originals. The Parties agree that notices can be sent to each other by email, as follows: TO SELLER TO BUYER XxxxxxX@XxxXxx.xxx with a copy to Xxxxxxxxx.Xx-Xxxxxxx@xxxxx.xxx

Other Contract Terms. Time is of the essence as to the Parties' obligations herein. In determining business days herein, the Parties shall consider US Federal holidays only. Seller has the right to cancel the Yacht’s sale at any time, provided this is done in good faith. In the event of any dispute between the Buyer and the Seller, National shall act as a fiduciary agent only and all funds held by the National shall be retained in its custody until the dispute is resolved or National is directed by the parties jointly (in writing), or court order, to disburse the funds. National shall be entitled to payment of its attorney's fees and costs by the non-prevailing Party in any legal proceeding in which National is involved. Buyer shall have the option to assign its rights under this Agreement to a special purpose entity, provided Buyer is the ultimate beneficial owner of the entity, Buyer remains liable under this Agreement, and the assignee is not otherwise prohibited by law or USMS policy from buying the Yacht. Seller makes no representations to Buyer regarding the Yacht other than those contained herein. The enforcement, interpretation, and construction of this Agreement, and all matters relating hereto, will be governed by United States federal law, and in the event that United States federal law is silent or inapplicable, and as federal law permits, the laws of the State of Florida will apply, without giving effect to the conflict of laws principles thereof. Seller’s waiver of sovereign immunity shall be governed by the Xxxxxx Act and the Federal Tort Claims Act. Any dispute arising out of or in connection connectio n with, or concerning the carrying into effect of, or the enforcement of, this Agreement, including non-contractual non -contractual disputes or claims, shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of Florida, and the Parties hereby submit to the exclusive jurisdiction of that court for these purposes. This Agreement constitutes the entire agreement between the Parties with respect to the transactions contemplated hereunder and supersedes all prior arrangements or understandings with respect thereto, written or oral. Further, this Agreement is not binding bindin g until signed by all Parties. This Agreement shall be binding upon Xxxxx’s heirs and successors. Buyer hereby releases the Seller and all its agencies and contractors and agrees to hold them harmless against all claims and losses associated with the Yacht. Buyer waives all remedies in equity but shall retain all remedies at law which are allowed by United States law. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. This Agreement may be signed and/or exchanged electronically and digital copies shall be treated as originals. The Parties agree that notices can be sent to each other by email, as follows: TO SELLER TO BUYER XxxxxxX@XxxXxx.xxx with a copy to Xxxxxxxxx.Xx-Xxxxxxx@xxxxx.xxxXxxxxxX@XxxXxx.xxx