Common use of Relationship between you and Company Clause in Contracts

Relationship between you and Company. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. No Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Force Majeure. Neither Party will be liable for any default or delay in the performance of its obligations under this Agreement, if and to the extent such default or delay is due to any cause beyond its control which could not have been reasonably foreseen and avoided by the exercise of due care and diligence consistent with the exercise of reasonable business judgment, including but not limited to: changes in applicable regulation that prohibit the Tokens/coins, Diamante Net, the DIAM Node GMBH's or the Diamante Blockchain GMBH's purpose, acts of God, fire, flood, explosion, wars, terrorism, riots, civil disturbances, and strikes, or other work stoppages, technological change, changes in interest rates or other monetary conditions; and for the avoidance of doubt, changes to any distributed ledger network-related protocol. Entire Agreement. This Agreement, including the exhibits attached hereto and the materials incorporated herein by reference, constitutes the sole and entire agreement between the Parties with respect to the sale of Tokens/coins, and supersedes all prior and contemporaneous understandings, agreements and warranties, both written and oral, with respect to such subject matter hereof, including, without limitation, any public or other statements or presentations made by Company about the Tokens/coins. In the event of any conflict, inconsistency or ambiguity between provisions in different parts of this Agreement, the following hierarchy shall apply: (1) the provisions of this Agreement without the Annexes (2) the Annexes (3) the Information without the provision of this Agreement and the Annexes. In the event of inconsistency between provisions in a document, the more specific provision shall prevail. Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings ascribed to them in the Annexes and the Information.

Appears in 17 contracts

Samples: GMBH Diam Purchase Agreement, GMBH Diam Purchase Agreement, GMBH Diam Purchase Agreement

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Relationship between you and Company. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. No Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Force Majeure. Neither Party will be liable for any default or delay in the performance of its obligations under this Agreement, if and to the extent such default or delay is due to any cause beyond its control which could not have been reasonably foreseen and avoided by the exercise of due care and diligence consistent with the exercise of reasonable business judgment, including but not limited to: changes in applicable regulation that prohibit the Tokens/coins, Diamante Net, the DIAM Node GMBHDiamante Financial Technologies, Abu Dhabi's or the Diamante Blockchain GMBH's purpose, acts of God, fire, flood, explosion, wars, terrorism, riots, civil disturbances, and strikes, or other work stoppages, technological change, changes in interest rates or other monetary conditions; and for the avoidance of doubt, changes to any distributed ledger network-related protocol. Entire Agreement. This Agreement, including the exhibits attached hereto and the materials incorporated herein by reference, constitutes the sole and entire agreement between the Parties with respect to the sale of Tokens/coins, and supersedes all prior and contemporaneous understandings, agreements and warranties, both written and oral, with respect to such subject matter hereof, including, without limitation, any public or other statements or presentations made by Company about the Tokens/coins. In the event of any conflict, inconsistency or ambiguity between provisions in different parts of this Agreement, the following hierarchy shall apply: (1) the provisions of this Agreement without the Annexes (2) the Annexes (3) the Information without the provision of this Agreement and the Annexes. In the event of inconsistency between provisions in a document, the more specific provision shall prevail. Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings ascribed to them in the Annexes and the Information.

Appears in 2 contracts

Samples: Diam Purchase Agreement, Diam Purchase Agreement

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Relationship between you and Company. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. No Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Force Majeure. Neither Party will be liable for any default or delay in the performance of its obligations under this Agreement, if and to the extent such default or delay is due to any cause beyond its control which could not have been reasonably foreseen and avoided by the exercise of due care and diligence consistent with the exercise of reasonable business judgment, including but not limited to: changes in applicable regulation that prohibit the Tokens/coins, Diamante Net, the DIAM Node GMBHDiamante Financial Technologies's or the Diamante Blockchain GMBH's purpose, acts of God, fire, flood, explosion, wars, terrorism, riots, civil disturbances, and strikes, or other work stoppages, technological change, changes in interest rates or other monetary conditions; and for the avoidance of doubt, changes to any distributed ledger network-related protocol. Entire Agreement. This Agreement, including the exhibits attached hereto and the materials incorporated herein by reference, constitutes the sole and entire agreement between the Parties with respect to the sale of Tokens/coins, and supersedes all prior and contemporaneous understandings, agreements and warranties, both written and oral, with respect to such subject matter hereof, including, without limitation, any public or other statements or presentations made by Company about the Tokens/coins. In the event of any conflict, inconsistency or ambiguity between provisions in different parts of this Agreement, the following hierarchy shall apply: (1) the provisions of this Agreement without the Annexes (2) the Annexes (3) the Information without the provision of this Agreement and the Annexes. In the event of inconsistency between provisions in a document, the more specific provision shall prevail. Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings ascribed to them in the Annexes and the Information.

Appears in 2 contracts

Samples: Node Purchase Agreement, Node Purchase Agreement

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