Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31, 01-208 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) The “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR A) OUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION OF THIS AGREEMENT, B) BODILY INJURIES OR DEATH CAUSED BY US; C) FOR THE DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, OR D) YOUR BREACH OF OUR INTELLECTUAL PROPERTY RIGHTS OR EXPORT LAWS, THE CUMULATIVE AGGREGATE LIABILITY OF EITHER PARTY AND ALL OF ITS AFFILIATES TO THE OTHER PARTY AND ALL OF ITS AFFILIATES RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF A) THE AMOUNT OF THE FEES PAID OR PAYABLE TO US IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST CLAIM MADE BY YOU AND B) GBP 300,000. IN NO EVENT WILL A PARTY AND ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY AND ITS AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF EITHER PARTY AND ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN AGREED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS HELD UNENFORCEABLE FOR ANY OTHER REASON.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “Republic of Poland CPI.”
Poland. No country-specific provisions apply. No country-specific provisions apply.
Poland. Xxxxxx acknowledges and agrees that the following restrictions shall apply in respect of equity securities issued by Polish companies (“Polish Securities”):
a) the Journal of laws of Poland 2015, No.1272, which became effective in October 2015 (the “Act”) introduced pre-approval requirements from the Polish Government prior to any acquisition of significant shareholdings in certain Protected Companies (as defined by the Act and subject to change from time to time). In order to manage the transaction pre-approval requirements for the Lender, X.X. Xxxxxx will be limiting the securities lending program to actively lend only those Polish Securities where the Lender’s aggregate holding is less than 5%;
b) as the list of Protected Companies impacted by the Act is subject to on-going change, this arrangement will be applied to all Polish Securities held through X.X. Xxxxxx that have been made eligible for lending in the program by the Lender. As Xxxxxx’s Lending Agent, X.X. Xxxxxx are unable to determine the Lender’s total aggregate size of holding in such Polish Securities, therefore Lender will be responsible for notifying X.X. Xxxxxx where Lender is either holding, or proposing to acquire a total holding of 5% or greater of voting capital in Polish Securities. Lenders are required to provide such notification to X.X. Xxxxxx no later than trade date of the acquisition transaction resulting in a 5% or above holding; and
c) a failure to comply with the notification requirement could result in securities lending transactions being undertaken by X.X. Xxxxxx without Lender seeking the requisite pre-approval potentially resulting in penalties being levied against the Lender by the Polish Government for which the Lender is solely responsible.
Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Prosta 67, 00-838 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of Warsaw; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for A) our obligations under the “Indemnification” section of this Agreement, B) bodily injuries or death caused by us, C) for the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or D) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and b) EUR 300,000.”.
Poland. There are no country-specific provisions.
Poland. Notifications
Poland. The provisions of this Country Schedule for Poland provide additional definitions and conditions for the purpose of granting PSUs which are intended to be granted to Employees and corporate officers who are resident in Poland for tax, labour or securities law purposes.
Poland. No permit has been obtained from the Financial Supervisory Commission (FSC) in relation to the issue of the notes nor has the issue of the notes been notified to the FSC in accordance with applicable procedures. Accordingly, the notes may not be offered in the Republic of Poland (Poland) in the public manner, defined in the Polish Act on Public Offering and on Conditions of Introducing Financial Instruments to an Organized Trading System as well as on Public Companies dated 29th July, 2005 as an offering to sell or purchase of securities, made in any form and by any means, if the offering is directed at 100 or more people or an unnamed addressee (Public Offering). Each selling agent confirms that it is aware that no such permit has been obtained nor such notification made and represents that it has not offered, sold or delivered and will not offer, sell or deliver the notes in Poland in the manner defined as Public Offering as part of their initial distribution or otherwise to residents of Poland or on the territory of Poland. Each selling agent acknowledges that the acquisition and holding of the notes by residents of Poland may be subject to restrictions imposed by Polish law (including foreign exchange regulations) and that the offers and sales of the notes to Polish residents or within Poland in secondary trading may also be subject to restrictions. Neither the offer of the notes nor this pricing supplement has been approved by the Portuguese Securities Commission (Comissão do Xxxxxxx de Valores Mobiliários) (“CMVM”) or by any other competent authority of another Member State of the European Union and notified to the CMVM. No selling agent has, directly or indirectly, offered or sold any notes or distributed or published any offering circular, prospectus, form of application, advertisement or other document or information in Portugal or will take any such actions in the future, except under circumstances that will not be considered as a public offering under article 109 of the Portuguese Securities Code (Código dos Valores Mobiliários) (“Cód.VM”) approved by Decree-Law 486/99 of 13 November 1999, as republished by Decree-Law Lei 357-A/2007, of 31 October 2007. As a result, the offer of the notes to any persons or legal entities that are domiciled or have a permanent establishment in Portugal (each a “Portuguese Investor”) shall only be made to the extent that:
Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Przyokopowa 31, 01-208 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; and
Poland. In Poland, there are also no sector specifics regarding university-business cooperation. It exists in the areas of financing of researches, traineeships for graduates, foundation of scholarships, outsourcing of researches (their knowledge), joint projects, obtaining of well educated young employees and access to laboratories. Establishment of a stable framework for the cooperation of academic institutions and the business environment requires also extensive institutional changes and government support. 81 Source: Audi Hungaria Motor Kft. and Xxxxxxxxx Xxxxxx University. 2011. 82 Source: Mercedes-Benz Manufacturing Hungary. 2010.
