Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Xxxxxxx xx Xxxxxxxxx, 00, 0xx xxxxx, xxxxxx 000, 0000-000 Xxxxxx, Xxxxxxxx, and the following terms apply:
(a) the Governing Law will be the laws of Portugal; 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 xxx xxxxxx xx xxx Xxxx xx Xxxxxx, Xxxxxxxx; and
(c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and
(d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and
(e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Xxxxxxx xx Xxxxxxxxx, 00 0000-000 Xxxxxx, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and
(f) the following is added as the last sentence to the “Assi...
Portugal. These country specific provisions apply if either Party is located in Portugal. In such case, Section 8.4 shall be replaced as follows:
Portugal. If either party is located in Portugal, the limitations and exclusions in sections B.3 and C.4.1 shall not apply (i) to the extent that liability cannot be limited or excluded according to applicable law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by Siemens’ negligence; or (iv) in cases of fraud or fraudulent misrepresentations.
Portugal. The provisions of this Country Schedule for Portugal 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 Portugal for tax, labour or securities law purposes.
Portugal. H is deleted and replaced with: Any dispute hereunder shall finally be determined by Lisbon Courts.
Portugal. General Convention between Portugal and Belgium on social security and Protocol of 14 September 1970.
Portugal. NOTIFICATIONS
Portugal a. The following is added as the last sentence of Section 9.a (Right to Assign Agreement) of the MSA: “Unless otherwise stated in the Agreement, nothing in the Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”
Portugal. No offer of the New Shares may be made in Portugal except under circumstances that will result in compliance with the rules concerning the marketing of such New Shares and with the laws of Portugal generally. In relation to Portugal, New Shares may not be offered to the public in Portugal, except that an offer of the New Shares to the public in Portugal may be made:
Portugal. These country specific provisions apply if either Party is located in Portugal. In such case Section B.3 and C.3.1 of this Agreement shall be replaced as follows: Scope of limitations and exclusions. The limitations and exclusions in the sections B.3 and C. 3.1 shall not apply (i) to the extent that liability cannot be limited or excluded according to applicable law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; or (iv) in cases of fraud or fraudulent misrepresentations
