Common use of Other Important Provisions Clause in Contracts

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. 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 the 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. This Agreement, all Exhibits and attachments hereto and all documents referenced herein, constitute the entire agreement between the Parties pertaining to the subject matter hereof. The language contained in Section I, Basic Understandings, is incorporated herein and shall have the same legal significance as any other language in this Agreement. The Exhibits, attachments and other documents referenced in this Agreement are subject to change by the Company from time to time, and the Supplier agrees to provide updates to the same upon the Company’s request. In the event any provision of this Agreement is deemed invalid or unenforceable in a forum of competent jurisdiction, such provision shall be deemed modified so as to be no longer invalid or unenforceable and the remainder of the Agreement shall be otherwise fully enforceable. Headings contained in this Agreement are for convenience only and shall not be construed to define or limit any terms herein, or otherwise affect the meaning or interpretation of this Agreement. This Agreement shall not be interpreted either more or less favorably towards any Party by virtue of the fact that such Party or its counsel was responsible or principally responsible for the drafting of all or a portion hereof.

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. This Agreement, all Exhibits and attachments hereto and all documents referenced herein, constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersedes any prior agreement or understanding related thereto. In the event any provision of this Agreement is deemed invalid or unenforceable in a forum of competent jurisdiction, such provision shall be deemed modified so as to be no longer invalid or unenforceable and the remainder of the Agreement shall be otherwise fully enforceable. Headings contained in this Agreement are for convenience only and shall not be construed to define or limit any terms herein, or otherwise affect the meaning or interpretation of this Agreement. This Agreement shall not be interpreted either more or less favorably towards any Party by virtue of the fact that such Party or its counsel was responsible or principally responsible for the drafting of all or a portion hereof. The language contained in Section I, Basic Understandings, is incorporated herein and shall have the same legal significance as any other language in this Agreement.

Other Important Provisions. No waiver by A. Your employment will continue to be subject to Leucadia’s policies and procedures, all of which may be amended from time to time. As a condition of your continued employment, you must review and comply with all of Leucadia’s policies, including, without limitation, the policies regarding notice periods, non-competition, non-solicitation, confidential information, and intellectual property. B. This Agreement constitutes the entire agreement between you and Leucadia with respect to the subject matters in this Agreement, and supersedes all prior or contemporaneous negotiations, promises, agreements and representations, all of which have become merged and integrated into this Agreement. The provisions in this Agreement are severable. Any provisions in this Agreement held to be unenforceable or invalid in any Party of any one or more defaults by jurisdiction shall not affect the other in enforceability the performance of remaining provisions. In addition, any provision of this Agreement held to be excessively broad as to degree, duration, geographical scope, activity or subject, shall operate or be construed by limiting and reducing it to be enforceable to the extent compatible with the applicable law. Leucadia reserves the right to amend the terms of this Agreement relating to fixed and/or variable compensation as a waiver of any other present it considers necessary to comply with legal or future default or defaults, whether of a like or of a different character. No delay by either party regulatory obligations in enforcing any of its rights hereunder force from time to time. C. This Agreement shall be deemed a waiver governed by, and construed in accordance with, the laws of the State of New York, without giving effect to its principles or rules of conflicts of laws, to the extent that such rightsprinciples or rules would require or permit the application of the law of another jurisdiction. Company You hereby consent to the personal jurisdiction of the state and federal courts sitting in the City and State of New York with respect to matters related to your employment or this Agreement, and agree that any action with respect thereto shall render service and shall perform hereunder through utilization of existing facilities, licenses and authorizations. Nothing be brought in such courts. D. Leucadia’s rights under this Agreement shall inure to the benefit of Leucadia’s successors and assigns. This Agreement is not assignable by you. E. You will be construed designated as requiring Company a named insured on any directors’ and officers’ liability insurance Leucadia may have. To the extent permitted by law and Leucadia’s certificate of incorporation and bylaws, Leucadia will indemnify you against any actual or threatened action, suit or proceeding against you, whether civil, criminal, administrative or investigative, arising by reason of your status as a director, officer, employee and/or agent of Leucadia during your employment. In addition, to acquire the extent permitted by law, Leucadia will advance or obtain additional facilitiesreimburse any expenses, licenses including reasonable attorney’s fees, you incur in investigating and defending any actual or authorizations. Any activity hereunder threatened action, suit or proceeding for which requires any additional licenses, facilities or authorizations you may be discontinued by Company entitled to indemnification under this Section IV.E. F. You acknowledge and such discontinuance shall not constitute a breach of agree that you have read and understand this Agreement. Unless otherwise provided herein, no modification of, or supplement to, you voluntarily agree to the terms and provisions stated conditions 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, and you have been provided with the opportunity to the fullest extent authorized by law, effective upon the breach consult with independent legal counsel of your choice prior to executing 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 revokedAgreement.