OTHER PROVISIONS AND APPLICABLE LAW Sample Clauses

OTHER PROVISIONS AND APPLICABLE LAW. 15.1. If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions will remain fully in force and Elize Been and the client will consult in order to agree on new provisions to replace the null and void or annulled provisions, taking into account, as much as possible, the purpose and purport of the null and void or annulled provision. 15.2. If the client includes terms or conditions in his order that deviate from, or do not appear in, these terms and conditions, they shall only be binding on Elize Been if and insofar as Xxxxx Xxxx has expressly accepted them in writing. 15.3. If Xxxxx Xxxx, on its own initiative, deviates from the General Terms and Conditions in favour of the client, the client may never derive any rights from this. 15.4. Both the client and Xxxxx Xxxx shall be bound to secrecy of all information they have obtained within the framework of the present agreement. 15.5. Any purchasing or other conditions of the customer do not apply. 15.6. Rights and obligations arising from an agreement may only be transferred by the client to a third party if Xxxxx Xxxx has given its consent to this in writing. 15.7. Dutch law shall apply exclusively to all legal relationships to which Xxxxx Xxxx is a party. 15.8. The client and Xxxxx Xxxx shall first try to settle any disputes in mutual consultation and amicably before appealing to the court. 15.9. Unless otherwise stipulated by mandatory law, the competent court in the district of Midden- Nederland, location Utrecht, shall be competent to take cognisance of disputes between Xxxxx Xxxx and the client, unless a statutory provision stipulates otherwise. 15.10. These general terms and conditions are deposited for inspection at the Chamber of Commerce in Utrecht.
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OTHER PROVISIONS AND APPLICABLE LAW. 15.1. If any provision of these General Terms and Conditions is null and void or is withdrawn, the other provisions of these General Terms and Conditions shall remain in full force and Empower Yourself and the client shall enter into consultation to agree on new provisions to replace the void or withdrawn provisions, wherever possible with consideration for the purpose and sense of the void or withdrawn provision. 15.2. Where the client includes provisions or conditions on his behalf that deviate from, or do not appear in, these terms and conditions, these shall only be binding for Empower Yourself if and insofar as they have been explicitly accepted by Empower Yourself in writing. 15.3. Where Empower Yourself deviates from the General Terms and Conditions on its own initiative for the benefit of the client, the client may at no time derive any rights from this. 15.4. Rights and obligations arising from an agreement may only be transferred by the client to a third party if Empower Yourself has given written permission for this. 15.5. All legal relationships to which Empower Yourself is party, are exclusively governed by Dutch law. 15.6. The client and Empower Yourself shall first make every effort to settle any disputes in mutual consultation and in an amicable manner, before appealing to the court. 15.7. Unless mandatory law provides otherwise, the competent court in the District of Rotterdam is, in first instance, authorized to have authority over disputes between Empower Yourself and the client.
Sample 1
OTHER PROVISIONS AND APPLICABLE LAW. 1. If any provision of these General Terms and Conditions is void or voided, the other provisions of these General Terms and Conditions will remain in full force and effect and Hustle & Heart Consultancy and the Customer will consult to agree on new provisions to replace the void or voided provisions, with due observance of the purpose and intent of the void or annulled provision as much as possible. 2. If the Customer includes provisions or conditions in his/her order that deviate from, or do not appear in, these General Terms and Conditions, these are only binding for Hustle & Heart Consultancy if and insofar as they have been expressly accepted by Hustle & Heart Consultancy in writing. 3. If Hustle & Heart Consultancy deviates from the General Terms and Conditions on its own initiative in favor of the Customer, the Customer can never derive any rights from it. 4. Any terms and conditions of the Customer do not apply. 5. Rights and obligations arising from an agreement can only be transferred by the Customer to a third party if Hustle & Heart Consultancy has given written permission for this. 6. Dutch law applies exclusively to all legal relationships to which Hustle & Heart Consultancy is a party. 7. The Parties will first try to settle any disputes in mutual consultation and amicably before going to court. 8. If mandatory rules do not provide otherwise, the competent court in the district of Amsterdam is initially authorized to take cognizance of disputes between the Parties.
Sample 1

Related to OTHER PROVISIONS AND APPLICABLE LAW

  • Interpretation and Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the state in which the Real Property is located. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine, and vice versa. The terms “successors and assigns” shall include the heirs, administrators, executors, successors, and assigns, as applicable, of any party hereto.

  • Venue and Applicable Law Venue of this Contract shall be Williamson County, Texas, and the laws of the State of Texas shall govern all terms and conditions.

  • Compliance with Agreements and Applicable Laws The Seller shall comply with all federal, state and local laws and regulations applicable to it and the Purchaser Assets, including those relating to truth in lending, fair credit billing, fair credit reporting, equal credit opportunity, fair debt collection practices, privacy, licensing and taxation, except to the extent that the failure to so comply, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

  • Other Provisions (i) The Obligor covenants that it will at all times reserve and keep available out of its authorized and unissued shares of Common Stock solely for the purpose of issuance upon conversion of this Debenture and payment of interest on this Debenture, each as herein provided, free from preemptive rights or any other actual contingent purchase rights of persons other than the Holder, not less than such number of shares of the Common Stock as shall (subject to any additional requirements of the Obligor as to reservation of such shares set forth in this Debenture) be issuable (taking into account the adjustments and restrictions of Sections 2(b) and 3(c)) upon the conversion of the outstanding principal amount of this Debenture and payment of interest hereunder. The Obligor covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly and validly authorized, issued and fully paid, nonassessable and, if the Underlying Shares Registration Statement has been declared effective under the Securities Act, registered for public sale in accordance with such Underlying Shares Registration Statement. (ii) Upon a conversion hereunder the Obligor shall not be required to issue stock certificates representing fractions of shares of the Common Stock, but may if otherwise permitted, make a cash payment in respect of any final fraction of a share based on the Closing Bid Price at such time. If the Obligor elects not, or is unable, to make such a cash payment, the Holder shall be entitled to receive, in lieu of the final fraction of a share, one whole share of Common Stock. (iii) The issuance of certificates for shares of the Common Stock on conversion of this Debenture shall be made without charge to the Holder thereof for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such certificate, provided that the Obligor shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such certificate upon conversion in a name other than that of the Holder of such Debenture so converted and the Obligor shall not be required to issue or deliver such certificates unless or until the person or persons requesting the issuance thereof shall have paid to the Obligor the amount of such tax or shall have established to the satisfaction of the Obligor that such tax has been paid. (iv) Nothing herein shall limit a Holder's right to pursue actual damages or declare an Event of Default pursuant to Section 2 herein for the Obligor 's failure to deliver certificates representing shares of Common Stock upon conversion within the period specified herein and such Holder shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief, in each case without the need to post a bond or provide other security. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law. (v) In addition to any other rights available to the Holder, if the Obligor fails to deliver to the Holder such certificate or certificates pursuant to Section 3(a)(i) by the fifth (5th) Trading Day after the Conversion Date, and if after such fifth (5th) Trading Day the Holder purchases (in an open market transaction or otherwise) Common Stock to deliver in satisfaction of a sale by such Holder of the Underlying Shares which the Holder anticipated receiving upon such conversion (a "Buy-In"), then the Obligor shall (A) pay in cash to the Holder (in addition to any remedies available to or elected by the Holder) the amount by which (x) the Holder's total purchase price (including brokerage commissions, if any) for the Common Stock so purchased exceeds (y) the product of (1) the aggregate number of shares of Common Stock that such Holder anticipated receiving from the conversion at issue multiplied by (2) the market price of the Common Stock at the time of the sale giving rise to such purchase obligation and (B) at the option of the Holder, either reissue a Debenture in the principal amount equal to the principal amount of the attempted conversion or deliver to the Holder the number of shares of Common Stock that would have been issued had the Obligor timely complied with its delivery requirements under Section 3(a)(i). For example, if the Holder purchases Common Stock having a total purchase price of $11,000 to cover a Buy-In with respect to an attempted conversion of Debentures with respect to which the market price of the Underlying Shares on the date of conversion was a total of $10,000 under clause (A) of the immediately preceding sentence, the Obligor shall be required to pay the Holder $1,000. The Holder shall provide the Obligor written notice indicating the amounts payable to the Holder in respect of the Buy-In.

  • JURISDICTION AND APPLICABLE LAW The Training Programme and the Terms and Conditions are governed by and construed under Belgian law.

  • Compliance with Other Agreements and Applicable Laws Borrower is not in default in any material respect under, or in violation in any material respect of any of the terms of, any agreement, contract, instrument, lease or other commitment to which it is a party or by which it or any of its assets are bound and Borrower is in compliance in all material respects with all applicable provisions of laws, rules, regulations, licenses, permits, approvals and orders of any foreign, Federal, State or local governmental authority.

  • Provisions Subject to Applicable Law All rights, powers and remedies provided in this Security Instrument may be exercised only to the extent that the exercise thereof does not violate any applicable provisions of law and are intended to be limited to the extent necessary so that they will not render this Security Instrument invalid, unenforceable or not entitled to be recorded, registered or filed under the provisions of any applicable law. If any term of this Security Instrument or any application thereof shall be invalid or unenforceable, the remainder of this Security Instrument and any other application of the term shall not be affected thereby.

  • CONFLICTS WITH TRUST’S GOVERNING DOCUMENTS AND APPLICABLE LAWS Nothing herein contained shall be deemed to require the Trust or any Fund to take any action contrary to the Trust’s Agreement and Declaration of Trust, Amended and Restated By-Laws, or any applicable statute or regulation, or to relieve or deprive the Board of Trustees of its responsibility for and control of the conduct of the affairs of the Trust and Fund. In this connection, the Adviser acknowledges that the Trustees retain ultimate plenary authority over each Fund and may take any and all actions necessary and reasonable to protect the interests of shareholders.

  • Applicable Law; Severability This Agreement shall be construed in all respects in accordance with, and governed by, the internal laws (as opposed to conflicts of law provisions) of the State of New York. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Agreement.

  • Transfer Provisions Transfers — You may, on or before the Annuity Date and subject to the requirements, limitations and restrictions described in this section, transfer all or part of the Contract Value, less any Loan Account Value, in any Investment Option among other Investment Options, while the Annuitant is living and the Contract is in force. Your transfer request must specify:

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