Other Miscellaneous. This Agreement may not be modified or amended except in writing executed in counterparts, each of which will be deemed an original and all of which will constitute one and the same instrument. Neither party may assign this Agreement without the prior written consent of the other party. If any provision of this Agreement shall for any reason be held invalid or unenforceable by any court, governmental agency or arbitrator of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. Any ambiguity in this Agreement shall not be construed against either party as the drafter. The parties hereto shall not be construed as joint venturers or partners of each other pursuant to this Agreement, and no party shall have the power to bind or obligate another except as set forth herein.
Other Miscellaneous. The Project 350 Award will contain other terms and conditions determined by the Compensation Committee.
Other Miscellaneous. (a) The paragraph headings used herein are for reference purposes only and do not effect the meaning or interpretation of this Agreement. If any provisions of this Agreement are for any reason declared to be invalid or illegal, the remaining provisions shall not be affected thereby.
(b) The failure of either party to enforce any or all of its rights hereunder as they accrue shall not be deemed a waiver of those rights, all of which are expressly reserved.
(c) This Agreement may be executed in more than one counterpart, all of which shall be deemed to be originals.
(d) This Agreement shall not be binding unless a fully executed counterpart has been delivered to all parties.
(e) In the event of a breach of any provision of this Agreement, the non-breaching party shall be entitled to recover, in addition to all other remedies and damages, all of its reasonable attorney's fees and costs incurred in enforcing its rights hereunder.
Other Miscellaneous. This Agreement is governed by the laws of the Province of the Selling Dealer and shall be binding upon and ensure to the benefit of the heirs, successors and permitted assigns Global Warranty and you. Global Warranty (West Coast) Corporation (“Global Warranty”) is the duty appointed administrator of the Global Warranty Policy (“The Policy”) for Fenchurch General Insurance Company. Notice to Global Warranty is hereby deemed to be notice to Fenchurch. The obligations of your Agreement are insured by: Fenchurch General Insurance Company located at Promontory II, 0000 Xxxxx Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, Xxxxxx, X0X 0X0, under Master Surety Agreement #FG-GW01.
Other Miscellaneous. At any time after [***], American may opt to move to a [***] content cycle. The cost of moving to a [***] content cycle will be a [***] increase in the per tail MSF. Lost USB sticks not returned to Gogo by AA: First 10%: $[***] Above 10%: $[***] Sticks are counted on a per-cycle basis. In a [***] cycle, Gogo will count the returned sticks from a content batch [***] after such batch of sticks were sent out. By way of example, if a [***] batch contains five hundred (500) USB sticks, and if only four hundred forty (440) of these sticks are returned as of [***], then Gogo will [***]. In the event that American migrates to a [***] content cycle, the returned sticks would be counted [***] after the batch was sent out.
Other Miscellaneous.
(a) This Agreement may be modified, amended or supplemented as to any matter only in writing (which may include e-mail) by all parties hereto.
(b) Any provision of this Agreement may be waived or amended if, and only if, such waiver or amendment is in writing (which may include e-mail) by the party against whom the waiver or amendment is to be effective (it being agreed and understood that, if such waiver or amendment is against the Lenders, only the consent of the Majority Lenders shall be necessary for any such waiver or amendment). No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise
(c) Any date, time or period referred to in this Agreement shall be of the essence except to the extent to which the parties hereto agree in writing to vary any date, time or period, in which event the varied date, time or period shall be of the essence.
(d) Each of the Lenders hereby agree that, to the extent the requisite DIP Lenders extend the period for delivery of any item required to be delivered under the DIP Facility, then the corresponding requirement to deliver such item hereunder shall be automatically so extended in an equivalent manner; provided that any applicable extension granted by the DIP Lenders of more than ten (10) Business Days shall only automatically extend the corresponding requirement to deliver such items hereunder for ten (10) Business Days without the Majority Lenders’ prior written consent.
Other Miscellaneous. Provisions Under the Rights Plan ----------------------------------------------------
Other Miscellaneous. No failure or delay by a Party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement will constitute the entire agreement among the Parties with regard to the subject matter hereof. No modification, amendment or waiver of this Agreement will be binding without the written consent of JBG, the Company and the Consultant. No Party may assign, or otherwise transfer, its rights or delegate its duties or obligations under this Agreement without the prior written consent of the other Parties. This Agreement may be signed in counterparts, which together will constitute a single agreement.
Other Miscellaneous. This Head Agreement records the entire agreement between the parties in relation to its subject matter and supersedes any prior negotiations and communications between the parties in connection with its subject matter, whether written or oral. Except where this Head Agreement expressly states otherwise, Finance or a Customer may, in its discretion, give conditionally or unconditionally or withhold any approval or consent. A Contractor may only assign its rights or novate its rights and obligations under this Head Agreement or a Contract with the prior written consent of Finance or the Customer. This Head Agreement may be executed in counterparts. All executed counterparts constitute one document. Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Head Agreement and any transaction contemplated by it. A term or part of a term of this Head Agreement that is illegal or unenforceable may be severed from this Head Agreement and the remaining terms or parts of the terms of this Head Agreement continue in force. Waiver of any provision of or right under this Head Agreement: must be in writing signed by the party entitled to the benefit of that provision or right; and is effective only to the extent set out in any written waiver. This Head Agreement is governed by the Law of the Australian Capital Territory and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that jurisdiction.
Other Miscellaneous. (a) This Agreement shall be construed in accordance with the laws of the State of Texas. All or a portion of this Agreement is performable in Xxxxxxxxxx County, Texas, and therefore, the Parties agree that venue for any dispute related thereto shall be proper in the courts serving such county and state.
(b) If any provision of this Agreement, or the application of any provision to any circumstance, is held invalid or unenforceable under any applicable law of any jurisdiction, the remainder, and the application of such provision to other circumstances, shall remain valid and enforceable; provided, however, if the provisions of any such applicable law may be waived, they are waived by the WFD and the Township to the full extent permitted by law, to the end that this Agreement shall be deemed to be a valid and binding agreement enforceable in accordance with its terms.
(c) This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original, and all such counterparts together shall constitute but one and the same instrument. [SIGNATURES ON THE FOLLOWING PAGE] [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
