Provisions of t he agreement Sample Clauses

Provisions of t he agreement. Th e a g r ee m e n t will p r ovide fo r r ei m b ur se- m e n t fo r ce r t a i n losses c au sed b y fo r - eig n co un t r ies’ seizur e an d de t e n t io n of U. S . fis h i n g vessels o n t h e b a sis of cl a i m s t o j ur isdic t io n w h ic h ar e n o t r ecog n ized b y t h e U n i t ed S t a t es. R e- ce n t a m e n d m e n t s t o t h e M a g nu so n F is h e ry Co n se r v a t io n an d M xxx ge m e n t Ac t (16 U. S .C. (1801 et seq .) a sse r t U. S . j ur isdic t io n ove r h ig h l y m ig ra t o ry spe- cies of t una i n t h e U. S . excl u sive eco- n o m ic zo n e ( EE Z). Acco r di n gl y , a s a m a tt e r of i n t e rna t io na l l a w, t h e U n i t ed S t a t es n ow r ecog n izes o t h e r co a s t a l s t a t es’ cl a i m s t o j ur isdic t io n ove r t una i n t h ei r EE Z’ S . Th is c xxx xx di r ec t l y af- fec t ce r t ific a t io n of cl a i m s filed un de r t h e F is h e r m e n’s P r o t ec t ive Ac t . P ar- t icip an t s ar e a dvised t ha t t h is m e an s t ha t t h e Dep ar tm e n t will n o lo n ge r ce r t ify fo r p ay m e n t cl a i m s r es u l t i n g f r o m t h e seizur e of a U. S . vessel w h ile s u c h vessel w a s fis h i n g fo r t una wi t h i n t h e excl u sive eco n o m ic zo n e of an o t h e r co un t ry i n viol a t io n of t ha t co un t ry’s l a ws. Cl a i m s fo r de t e n t io n s o r seizur es b a sed o n o t h e r cl a i m s t o j ur isdic t io n n o t r ecog n ized b y t h e U n i t ed S t a t es, o r o n t h e b a sis of cl a i m s t o j ur isdic t io n r ecog n ized b y t h e U n i t ed S t a t es b u t ex- e r cised x x x x xxx x x x x co n sis t e n t wi t h i n t e rna t io na l l a w a s r ecog n ized b y t h e U n i t ed s t a t es, m ay s t ill be ce r t ified b y t h e Dep ar tm e n t .
Sample 1
AutoNDA by SimpleDocs

Related to Provisions of t he agreement

  • Provisions of the Agreement a reference to any Clause or Schedule is, except where it is expressly stated to the contrary, a reference to such clause of, or schedule to, this Agreement. A reference in a Schedule to any paragraph is, except where it is expressly stated to the contrary, a reference to a paragraph in that Schedule;

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • Complete Agreement, Severability, Captions, and Survival You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.

  • PROVISIONS OF LAW AND SEPARABILITY It is understood and agreed that this MOU is subject to all applicable Federal and State laws, City ordinances and regulations, the Charter of the City of Los Angeles, and any lawful rules and regulations enacted by the City's Civil Service Commission or the XXX. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of Federal, State, or local law or regulations, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part of said provision shall be suspended and superseded by such applicable law or regulations and the remainder of the MOU shall not be affected thereby; the parties agree to negotiate promptly a replacement for such part or provision. The parties understand that many of the employees covered by this MOU may also be covered by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201 et seq. (FLSA). To the extent that any provision herein conflicts with the FLSA, employees covered by the FLSA shall receive benefits required hereunder and any additional benefits set forth herein if compatible with the FLSA.

  • AGENTS OF THE AGREEMENT 1.1 The Authorized Official(s) for the State of Montana shall be the State Accountant of the State Financial Services Division, Department of Administration in all matters concerning this Agreement.

  • EFFECT OF THE AGREEMENT Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Agreement shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Borrower, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the Credit Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

  • Severability of Agreement Should any part of this Agreement for any reason be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portions of this Agreement without including any such part, parts or portions which may, for any reason, be hereafter declared invalid.

  • Administration of the Agreement The Agreement shall be administered by the Board of Directors of the Company or its delegate (the “Administrator”). Subject to the provisions of the Agreement, the Administrator shall have full and final authority in its discretion to take any action with respect to the Agreement including, without limitation, the authority to (i) determine all matters relating to the payments; (ii) establish, amend and rescind rules and regulations for the administration of the Agreement; and (iii) construe and interpret the Agreement, to interpret rules and regulations for administering the Agreement and to make all other determinations deemed necessary or advisable for administering the Agreement. Except to the extent otherwise required under Section 409A of the Internal Revenue Code of 1986, as amended (“Code”), the Administrator shall have the authority, in its sole discretion, to accelerate the date that any Consultation Payments or Separation Payments which were not otherwise vested or earned shall become vested or earned in whole or in part without any obligation to accelerate such date with respect to any other employee. The Administrator also may in its sole discretion determine that Executive’s rights or payments under the Agreement shall be subject to reduction, cancellation, forfeiture or recoupment due to conduct by Executive that is determined by the Administrator to be detrimental to the business or reputation of the Company, including, without limitation, upon termination of employment for cause; violation of policies of the Company; or breach of non-solicitation, noncompetition, confidentiality or other restrictive covenants that apply to the Executive. In addition to action by meeting in accordance with applicable laws, any action of the Administrator with respect to the Agreement may be taken by a written instrument signed by the Administrator (including, where the Board or a committee serves as the Administrator, by written consent signed by all of the members of the Board, or all of the members of a committee, and any such action so taken by written consent shall be as fully effective as if it had been taken by a majority of the members at a meeting duly held and called). No individual shall be liable while acting as Administrator for any action or determination made in good faith with respect to the Agreement, and any such individual shall be entitled to indemnification and reimbursement in the manner provided in the Company’s certificate of incorporation and bylaws and/or under applicable law.

  • Copies of the Agreement The Employer and the Union desire all parties to be familiar with the provisions of this Agreement and the rights and obligations under it. For this reason, the parties shall share equally the cost of printing and distribute sufficient copies of this Agreement to all parties. Where required the parties shall co-operate in making the agreement accessible.

  • Severability of Provisions If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement or of the Certificates or the rights of the Holders thereof.

Time is Money Join Law Insider Premium to draft better contracts faster.