Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Rental Agreement. You may only transfer your rights or obligations under these Rental Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Rental Agreement operate separately. If any court or competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
Other Important Provisions. 33.1 Representatives’ Authority; Waivers; Notice. Our rep- resentatives (including management personnel, em- ployees, and agents) have no authority to waive, amend, or terminate this Lease or any part of it unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obliga- tions on us or our representatives, unless in writing. Any dimensions and sizes provided to you relating to the apart- ment are only approximations or estimates; actual dimen- sions and sizes may vary. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, default, or time or place of performance. Our not enforcing or belatedly enforcing written-notice require- ments, rental due dates, acceleration, liens, or other rights isn’t a waiver under any circumstances. Except when no- xxxx or demand is required by law, you waive any notice and demand for performance from us if you default. If any- one else has guaranteed performance of this Lease, a sepa- rate Lease Guaranty for each guarantor must be executed. Written notice to or from our managers constitutes notice to or from us. Any person giving a notice under this Lease should keep a copy of the memo, letter, or fax that was given (and any fax-transmittal verification). Fax or electron- ic signatures are binding. All notices must be signed. Un- less this lease or the law requires otherwise, any notice re- quired to be provided, sent or delivered in writing may be given electronically, subject to our rules.
Other Important Provisions. No waiver by any Party of any one or more defaults by the other in the performance of any provision of this Agreement shall operate or be construed as a waiver of any other present or future default or defaults, whether of a like or of a different character. No delay by either party in enforcing any of its rights hereunder shall be deemed a waiver of such rights. Company shall render service and shall perform hereunder through utilization of existing facilities, licenses and authorizations. Nothing in this Agreement shall be construed as requiring Company to acquire or obtain additional facilities, licenses or authorizations. Any activity hereunder which requires any additional licenses, facilities or authorizations may be discontinued by Company and such discontinuance shall not constitute a breach of this Agreement. Unless otherwise provided herein, no modification of, or supplement to, the terms and provisions stated in this Agreement shall be or become effective without the written consent of both Parties. Supplier waives any and all rights to contest any motion by Company for relief from the automatic stay provided for under federal bankruptcy law or under any similar provision of any state law. Supplier shall not obtain any right or interest in any hardware or software or information used by Company to provide any service to Supplier hereunder. For the purpose of carrying out the provisions and exercising the rights, powers and privileges granted by Company’s Terms and Conditions and/or this Agreement, to the fullest extent authorized by law, effective upon the breach of this Agreement by Supplier, Supplier hereby irrevocably constitutes and appoints Company its true and lawful attorney-in-fact, with full power of substitution, to execute, acknowledge and deliver any instruments or financing statement and do and perform any acts that are referred to herein in the name and behalf of Supplier. The power vested in said attorney-in-fact is, and shall be deemed to be, coupled with an interest and cannot be revoked.
Other Important Provisions. A. No provision of this Agreement will diminish, negate or otherwise adversely impact any separate non-compete, employment agreement or confidentiality agreement to which I may be a party.
Other Important Provisions. This Agreement (a) does not create any agency, partnership or joint venture; (b) embodies the entire understanding between the parties pertaining to the subject matter, and any additions or modifications to this Agreement must be made in writing and signed by both parties; (c) will inure to the benefit of and be binding upon the parties, their successors, and permitted assigns; (d) cannot be waived by failure to enforce any provision, except in writing; (e) will be construed according to the laws of the State of California, without giving effect to its conflict of laws provisions, and any action brought regarding this Agreement must be filed exclusively in the state or federal courts located in Orange County, California, U.S.A.; (f) will be construed as severable, so the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision of this Agreement; and (g) has been entered into with the authority of Licensee and is legally binding on Licensee.
Other Important Provisions. (1) No provision of this Agreement shall diminish, negate or otherwise impact any separate noncompete or confidentiality agreement to which I may be a party. I acknowledge and agree that the provisions contained in this Agreement are being made for, among other things, the benefit of D&B to protect the D&B Group’s business operations and confidential information and trade secrets. I further acknowledge that execution of this Agreement is a voluntary act on my part in consideration for the valuable consideration offered to me by D&B.
Other Important Provisions. (a) Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 19.
(b) You shall not use the Service in any manner contrary to local, state, or federal law. Company expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state, or federal law.
(c) Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
(d) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
(e) No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
(f) You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
(g) This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
(h) Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
(i) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents an...
Other Important Provisions. 18.1 Use of the Service is unauthorized in any jurisdiction that does not give effect to ahh provisions of these terms and conditions, inchuding without himitation this Section 18.
Other Important Provisions. Reduced Rent Option to Extend Term First Right to Lease THIS SUMMARY OF LEASE IS INTENDED TO SUMMARIZE CERTAIN KEY PROVISIONS IN THE ATTACHED LEASE. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE PROVISIONS OF THIS SUMMARY AND THE LEASE, THE PROVISIONS OF THE LEASE SHALL GOVERN. TABLE OF CONTENTS ITEM PAGE ---- ---- 1. USE 2. TERM 3. POSSESSION 4. MONTHLY RENT 5. ADJUSTMENT OF BASIC RENT 6. RESTRICTION ON USE 7. COMPLIANCE WITH LAWS 8. ALTERATIONS 9. REPAIR AND MAINTENANCE 10. LIENS 11. INSURANCE 12. UTILITIES AND SERVICE 13. TAXES AND OTHER CHARGES 14. ENTRY BY LANDLORD 15. COMMON AREA; PARKING 16. COMMON AREA CHARGES 17. DAMAGE BY FIRE; CASUALTY 18. INDEMNIFICATION 19. ASSIGNMENT AND SUBLETTING 20. DEFAULT 21. LANDLORD'S RIGHT TO CURE TENANT'S DEFAULT 22. EMINENT DOMAIN 23. NOTICE AND COVENANT TO SURRENDER 24. TENANT'S QUITCLAIM 25. HOLDING OVER 26. SUBORDINATION 27. CERTIFICATE OF ESTOPPEL 28. SALE BY LANDLORD 29. ATTORNMENT TO LENDER OR THIRD PARTY 30. DEFAULT BY LANDLORD 31. CONSTRUCTION CHANGES 32. MEASUREMENT OF PREMISES 33. ATTORNEY FEES 34. SURRENDER 35. WAIVER 36. EASEMENTS; AIRSPACE RIGHTS 37. RULES AND REGULATIONS 38. NOTICES 39. NAME 40. GOVERNING LAW; SEVERABILITY 41. DEFINITIONS 42. TIME 43. INTEREST ON PAST DUE OBLIGATIONS; LATE CHARGE 44. ENTIRE AGREEMENT 45. CORPORATE AUTHORITY 46. RECORDING 47. REAL ESTATE BROKERS 48. EXHIBITS AND ATTACHMENTS 49. ENVIRONMENTAL MATTERS 50. SIGNAGE 51. SUBMISSION OF LEASE 52. PREMISES TAKEN "AS IS" 53. ADDITIONAL RENT 54. CAPITAL EXPENDITURES 55. REDUCED RENT 56. OPTION TO EXTEND TERM 57. FIRST RIGHT TO LEASE LEASE THIS LEASE is made this ________ day of ________________________, 1993, by and between XxXXXXXXXX LIMITED, a California limited partnership ("Landlord"), and ENVISION SURGICAL SYSTEMS, a California corporation ("Tenant").
Other Important Provisions. This is the entire agreement between you and the Company. This Agreement may not be modified in any manner except in writing signed by both you and an authorized Company official. You acknowledge that the Company has made no representations or promises to you other than those in this Agreement. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. This Agreement binds your heirs, administrators, personal representatives, executors, successors and assigns, and will apply to the benefit of all Released Parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. This Agreement shall be construed as a whole according to its fair meaning. It shall not be construed strictly for or against you or any released party. This Agreement shall be governed by the statutes and common law of the State of New York. By: Xxxx Xxxxxx President & CEO The Orchard 000 Xxxx Xxx., 0xx Xx. XX, XX 00000 0-000-000-0000 ACKNOWLEDGMENT I have read this Agreement consisting of five pages (exclusive of attachments), I understand its contents, and I willingly, voluntarily and knowingly accept and agree to the terms and conditions of this Agreement. I acknowledge that I was advised to consult with an attorney prior to executing this Agreement. [Date] “EXHIBIT A” ** CONTINUATION HEALTH CARE COVERAGE RIGHTS UNDER COBRA** Introduction
