Provision Conflict Sample Clauses

Provision Conflict. If any provision of this Fifth Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties agree that the terms and conditions of any subsequent amendment to the Agreement which addresses new requirements shall supersede the terms of this Fifth Addendum. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The parties have signed this Fifth Addendum in duplicate, one for each of the parties, as of November 22, 2004. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXX X. XXXXXXXX Printed Name: Xxxxxx X. Xxxxxxxx Printed Title: Manager, Air Transportation FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: Title:VP — Postal Transportation Exhibit A to the Fifth Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
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Provision Conflict. If any provision of this Third Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The parties have signed this Third Addendum in duplicate, one for each of the parties, as of January 30, 2003. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXXX X. XXXXXX Printed Name: Xxxxxxx X. Xxxxxx Printed Title: Purchasing and Supply Management Specialist FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: VP—Postal Transportation Exhibit A to the Third Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. QuickLinks
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Provision Conflict. If any provision of this Sixth Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties have signed this Sixth Addendum in duplicate, one for each of the parties, as of June 9, 2006. THE UNITED STATES POSTAL SERVICE By: /s/ J. XXXXXX XXXXX Printed Name: J. Xxxxxx Xxxxx Printed Title: Manager, Transportation Portfolio FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: VP, Postal Transportation Exhibit A to the Sixth Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement may be amended during the Interim Period by mutual agreement of the parties.
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Provision Conflict. If any provision of this Third Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. [ * ] Redacted The parties have signed this Third Addendum in duplicate, one for each of the parties, as of January 30, 2003. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXXX X. XXXXXX Printed Name: Xxxxxxx X. Xxxxxx Printed Title: Purchasing and Supply Management Specialist FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: VP – Postal Transportation Exhibit A to the Third Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties. [ * ] Redacted
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Provision Conflict. If any provision of this Fourth Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties have signed this Fourth Addendum in duplicate, one for each of the parties, as of March 16, 2004. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXXX X. XXXXXX Printed Name: Xxxxxxx X. Xxxxxx Printed Title: Purchasing & Supply Management Specialist FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: VP – Postal Transportation 513206.1 Exhibit A to the Fourth Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties.
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Provision Conflict. If any provision of this Second Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties have signed this Second Addendum in duplicate, one for each of the parties, as of August 29, 2002. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXX X. XXXXXXXX --------------------------------------- Printed Name: Xxxxxx X. Xxxxxxxx Printed Title: Manager, Air Transportation FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX -------------------------------------- Printed Name: Xxxx X. Xxxxxx Printed Title: VP - Postal Transportation EXHIBIT A TO THE SECOND ADDENDUM The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
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Provision Conflict. If any provision of this Seventh Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties have signed this Seventh Addendum in duplicate, one for each of the parties, as of July 31, 2006. THE UNITED STATES POSTAL SERVICE By: /s/ LXXXXX X. XXXXXXXX Printed Name: Lxxxxx X. Xxxxxxxx Printed Title: Manager, Air Transportation FEDERAL EXPRESS CORPORATION By: /s/ PXXX X. XXXXXX Printed Name: Pxxx X. Xxxxxx Printed Title: VP, Postal Transportation Exhibit A to the Seventh Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement may be amended during the Interim Period by mutual agreement of the parties. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
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Provision Conflict. If any provision of this Fourth Addendum conflicts with any provision of the Agreement, the provision of the Agreement shall govern, unless otherwise provided for in the Addendum. The parties have signed this Fourth Addendum in duplicate, one for each of the parties, as of March 16, 2004. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXXX X. XXXXXX Printed Name: Xxxxxxx X. Xxxxxx Printed Title: Purchasing & Supply Management Specialist FEDERAL EXPRESS CORPORATION By: /s/ XXXX X. XXXXXX Printed Name: Xxxx X. Xxxxxx Printed Title: VP – Postal Transportation Exhibit A to the Fourth Addendum The Trucking Locations are as follows: [ * ] The list of Trucking Locations may be amended during the Interim Period by mutual agreement of the parties. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
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Provision Conflict. If any provision of this First Amendment to the Third Addendum conflicts with any provision of the Transportation Agreement, the provisions of this Amendment shall govern. The parties have signed this First Amendment to the Third Addendum in duplicate, one for each of the parties, as of June 4, 2003. THE UNITED STATES POSTAL SERVICE By: /s/ XXXXXXX X. XXXXXX -----------------------------------------------
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Related to Provision Conflict

  • Non-conflict The entry into and performance by it of, and the transactions contemplated by, the Finance Documents do not conflict with:

  • Definitions; Conflicts References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

  • Xx Conflicts The execution, delivery and performance of this Agreement, the Note by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance and reservation for issuance of the Conversion Shares) will not (i) conflict with or result in a violation of any provision of the Certificate of Incorporation or By-laws, or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a material adverse effect). All consents, authorizations, orders, filings and registrations which the Company is required to obtain pursuant to the preceding sentence have been obtained or effected on or prior to the date hereof. The Company is not in violation of the listing requirements of the OTC marketplace (the “OTC MARKETS”) and does not reasonably anticipate that the Common Stock will be delisted by the OTC Markets in the foreseeable future, nor are the Company’s securities “chilled” by DTC. The Company and its subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

  • Conflict Waiver The Pledgor hereby acknowledges that the Escrow Agent is general counsel to the Pledgee, a partner in the general partner of the Pledgee, and counsel to the Pledgee in connection with the transactions contemplated and referred herein. The Pledgor agrees that in the event of any dispute arising in connection with this Agreement or otherwise in connection with any transaction or agreement contemplated and referred herein, the Escrow Agent shall be permitted to continue to represent the Pledgee and the Pledgor will not seek to disqualify such counsel and waives any objection Pledgor might have with respect to the Escrow Agent acting as the Escrow Agent pursuant to this Agreement.

  • Conflict Provision This Intellectual Property Security Agreement has been entered into in conjunction with the provisions of the Guarantee and Collateral Agreement and the Credit Agreement. The rights and remedies of each party hereto with respect to the security interest granted herein are without prejudice to, and are in addition to those set forth in the Guarantee and Collateral Agreement and the Credit Agreement, all terms and provisions of which are incorporated herein by reference. In the event that any provisions of this Intellectual Property Security Agreement are in conflict with the Guarantee and Collateral Agreement or the Credit Agreement, the provisions of the Guarantee and Collateral Agreement or the Credit Agreement shall govern.

  • Conflicts; Consents The execution, delivery and performance by the Company of this Agreement and the Articles and the consummation of the transactions contemplated hereby and thereby and compliance with the terms hereof and thereof does not and will not breach, conflict with, or result in any violation of or default (with or without notice or lapse of time or both) under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of any benefit under, or result in the creation or imposition of any Lien of any nature whatsoever upon any of the properties or assets of the Company or any of its Subsidiaries under, (i) any material agreement or instrument to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries or any of their respective properties or assets may be bound or affected, (ii) any provision of the constitutive or governing documents of the Company or any of its Subsidiaries or (iii) assuming that the representations of the Investors set forth in Article III are correct, any Legal Requirement applicable to the Company or any of its Subsidiaries or any of their respective properties or assets. Assuming that the representations of the Investors set forth in Article III are correct and except for the filing of the Articles, no consent, approval, order, license, permit or authorization of, or notification, registration, declaration or filing with, any Governmental Authority or any other Person is required to be obtained or made by or with respect to the Company or any of its Subsidiaries in connection with the execution, delivery and performance by the Company of this Agreement, the issuance and sale of the Shares, or the consummation of the transactions contemplated thereby except for consents, approvals, orders, licenses, permits, authorizations, notifications, registrations, declarations or filings which have been obtained or made or the failure to obtain or make which could not reasonably be expected to have a Material Adverse Effect.

  • Potential Conflicts 7.1 The Board will monitor the Fund for the existence of any material irreconcilable conflict between the interests of the contract owners of all separate accounts investing in the Fund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract and variable life insurance contract owners; or (f) a decision by an insurer to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.

  • Waiver of Conflict Each of the Parties acknowledges and agrees, on its own behalf and on behalf of its directors, members, partners, officers, employees and Affiliates that the Company is the client of Xxxxxxx Procter LLP (“Firm”), and not any of the Company Stockholders. After the Closing, it is possible that Firm will represent the Company Stockholders, the Company Stockholder Representative and their respective Affiliates (individually or collectively, the “Seller Group”) in connection with the transactions contemplated herein, or in the Escrow Agreement, the escrowed funds described in Section 1.8 hereof, any claims made thereunder pursuant to this Agreement or the Escrow Agreement. The Buyer, Merger Sub and the Company hereby agree that Firm (or any successor) may represent the Seller Group in the future in connection with issues that may arise under this Agreement, the Escrow Agreement, the administration of the escrowed funds described in Section 1.8 hereof and any claims that may be made thereunder pursuant to this Agreement or the Escrow Agreement. Firm (or any successor) may serve as counsel to all or a portion of the Seller Group or any director, member, partner, officer, employee, representative, or Affiliate of the Seller Group, in connection with any litigation, claim or obligation arising out of or relating to this Agreement, the Escrow Agreement, or the transactions contemplated by this Agreement or the Escrow Agreement. Each of the Buyer, Merger Sub and the Company consents thereto, and waives any conflict of interest arising therefrom, and each such party shall cause any Affiliate thereof to consent to waive any conflict of interest arising from such representations. Each of the Buyer, the Merger Sub and the Company acknowledges that such consent and waiver is voluntary, that it has been carefully considered, and that the parties have consulted with counsel or have been advised they should do so in this connection. Communications between the Company and Firm will become the property of the Company Stockholder Representative and the Company Stockholders following the Closing and will not be disclosed to the Buyer or Merger Sub without the prior written consent of the Company Stockholder Representative.

  • Provisions in Conflict with Law The provisions of this Agreement are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with applicable law, the conflicting provision shall be deemed never to have constituted a part of this Agreement; provided, however, that such determination shall not affect any of the remaining provisions of this Agreement or render invalid or improper any action taken or omitted prior to such determination. If any provision of this Agreement shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provisions in any other jurisdiction or any other provision of this Agreement in any jurisdiction.

  • Provisions in Conflict with Law or Regulation (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of this Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.

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