Place of Delivery and Governing Law This Agreement shall be deemed in effect when a fully executed counterpart thereof is received by the Seller in the State of New York and shall be deemed to have been made in the State of New York. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
Law and Place of Jurisdiction This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
Place of jurisdiction The parties agree that the place of jurisdiction shall be the location of the court responsible for Gunzenhausen. Signatures Client Supplier The following types and categories of data are the object of this additional agreement: • Personal master data • Communication data (e. g. telephone, email) • Contractual master data • Log data Those affected as a result of this additional agreement include: • The Client's customers and interested parties • The Client's customers and employees • Physical access control • Data center parks in Nürnberg and Xxxxxxxxxxx • electronic physical entry control system with log • high security perimeter fencing around the entire data center park • documented distribution of keys to employees and colocation customers for colocation racks (each Client only for his rack) • policies for accompanying and designating guests in the building • data center staff present 24/7 • video monitoring at entrances and exits; security door interlocking systems and server rooms • For people outside of the employment of Hetzner Online GmbH (data center visitors), entrance to the building is only permitted in the company of a Hetzner Online employee. • Monitoring • electronic physical access control system with log • video surveillance for all entrances and exits • Electronic access control • for dedicated root server, colocation server, and cloud server principal commissions • server passwords, which, after the initial deployment, can only be changed by Client and are not known to the Supplier • The Client’s password for the administration interface is determined by the Client himself; the password must comply with predefined guidelines. In addition, the Client may employ two-factor authentication to further secure his account. • for managed server, web hosting, and storage box principal commissions • Access is password-protected and only employees of the Supplier have access to the passwords. Passwords must meet a minimum length, and new passwords shall be changed on a regular basis. • Internal access control • for the Supplier's internal administration systems • The Supplier shall prevent unauthorized access by applying security updates regularly by using state of the art technology. • a revision-proof, compulsory process for allocating authorization for Supplier employees • for dedicated root server, colocation server, and cloud server principal commissions • The responsibility for access control is incumbent upon the Client. • for managed server, web hosting, and storage box principal commissions • The Supplier shall prevent unauthorized access by applying security updates regularly by using state of the art technology. • a revision-proof, compulsory process for allocating authorization for Supplier employees • Only the Client is responsible for transferred data/software with regard to security and updates. • Transfer control • Data center parks in Nürnberg and Xxxxxxxxxxx • Drives that were in operation on canceled servers will be swiped multiple times (deleted) in accordance with data protection polices upon termination of the contract. After thorough testing, the swiped drives will be reused. • Defective drives that cannot be securely deleted shall be destroyed (shredded) directly in the Xxxxxxxxxxx data center. • Isolation control • for the Supplier's internal administration systems • Data shall be physically or logically isolated and saved separately from other data. • Backups of data shall also be performed using a similar system of physical or logical isolation. • for dedicated root server, colocation server, and cloud server principal commissions • The Client is responsible for isolation control. • for managed server, web hosting, and storage box principal commissions • Data shall be physically or logically isolated and saved separately from other data. • Backups of data shall also be performed using a similar system of physical or logical isolation. • Pseudonymization • The Client is responsible for pseudonymization.
Filing of Copies, References, Headings, Rules of Construction The original or a copy of this Declaration of Trust shall be kept at the office of the Trust where it may be inspected by any Shareholder. Anyone dealing with the Trust may rely on a certificate by an officer of the Trust as to any matters in connection with the Trust hereunder; and, with the same effect as if it were the original, may rely on a copy certified by an officer of the Trust to be a copy of this Declaration of Trust. In this Declaration of Trust, references to this Declaration of Trust, and all expressions such as “herein”, “hereof” and “hereunder”, shall be deemed to refer to this Declaration of Trust as a whole and not to any particular article or section unless the context requires otherwise. Headings are placed herein for convenience of reference only and shall not be taken as a part hereof or control or affect the meaning, construction or effect of this Declaration of Trust. Whenever the singular number is used herein, the same shall include the plural; and the neuter, masculine and feminine genders shall include each other, as applicable. This Declaration of Trust and any document, consent or instrument referenced in or contemplated by this Declaration of Trust or the By-Laws may be executed in any number of counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. To the extent permitted by the 1940 Act, (i) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-Laws that is to be executed by one or more Trustees may be executed by means of original, facsimile or electronic signature and (ii) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-Laws that is to be delivered by one or more Trustees may be delivered by facsimile or electronic means (including e-mail), unless, in the case of either clause (i) or (ii), otherwise determined by the Trustees. The terms “include,” “includes” and “including” and any comparable terms shall be deemed to mean “including, without limitation.” Any reference to any statute, law, code, rule or regulation shall be deemed to refer to such statute, law, code, rule or regulation as amended or restated from time to time and any successor thereto.
Rules of Construction Unless the context otherwise requires: (1) a term has the meaning assigned to it; (2) an accounting term not otherwise defined has the meaning assigned to it in accordance with GAAP;
General Rules of Construction Except as expressly stated otherwise, all references to “Paragraph(s)” or “Section(s)” in this Contract are references to Paragraphs and Sections of this Contract or the Exhibits attached to this Contract; and all references to Exhibit(s) are references to the Exhibits attached hereto. The table of contents and headings used in this Contract are for reference and convenience only, do not in any way define, limit, describe, or amplify the provisions of this Contract or the scope or intent of its provisions, are not a part of this Contract, and will not enter into the interpretation of this Contract. All references to “days” in this Contract mean calendar days unless otherwise stated. The term “business day” means Monday through Friday, excluding holidays observed by the School District.
Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.
Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”; (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein; (f) the definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
APPLICABLE LAW, PLACE OF JURISDICTION 14.1 This Agreement shall be subject to New York law. 14.2 The non-exclusive place for all proceedings arising out of this agreement shall be New York.
Applicable law and place of jurisdiction 13.1 The Contract is governed by the Italian law. 13.2 Any dispute arising in connection with the interpretation, performance and termination of this Contract shall be submitted to and settled by the Court of Brescia.