Scope of Application and General Provisions Sample Clauses

Scope of Application and General Provisions. 1. This Chapter applies to measures affecting electronic commerce. 2. This Chapter shall not apply to: (a) Public procurement; (b) Subsidies or concessions provided by a Party, including loans, guarantees and insurance supported by States; (c) Information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its compilation, and (d) Financial services, as defined in Article XII of the Fifty-third Additional Protocol to ACE N° 35. 3. For greater certainty, this Chapter is subject to the provisions, exceptions or non- conforming measures set forth in other chapters or annexes of this or other relevant treaties entered into between the Parties. 4. The Parties recognize the economic potential and opportunities provided by electronic commerce. 5. Considering the potential of electronic commerce as a tool for social and economic development, the Parties recognize the importance of: (a) The clarity, transparency and predictability of their national regulatory frameworks to facilitate, to the extent possible, the development of electronic commerce; (b) Encourage self-regulation in the private sector to promote trust in e-commerce, taking into account the interests of users, through initiatives such as industry guidelines, model contracts, codes of conduct and trust seals; (c) Interoperability, competition and innovation to facilitate electronic commerce; (d) Ensure that international and national e-commerce policies take into account the interests of all users, including businesses, consumers, non-governmental organizations and relevant public institutions; (e) Facilitate access to electronic commerce for Micro, Small and Medium Enterprises, and (f) To guarantee the security of e-commerce users, as well as their right to personal data protection (1). 6. Each Party shall endeavor to adopt measures to facilitate trade conducted by electronic means. 7. The Parties recognize the importance of avoiding unnecessary barriers to trade conducted by electronic means, including trade in digital products. Taking into account its domestic policy objectives, each Party shall endeavor to: (a) Avoid measures that hinder commerce conducted by electronic means; (b) Avoid measures that have the effect of treating trade conducted by electronic means more restrictively than trade conducted by other means, and (c) Promote transparency in relation to the legal framework for electronic transactions. (1) For greater certainty,...
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Scope of Application and General Provisions. 1. This Chapter shall apply to measures adopted or maintained by a Party affecting trade by electronic means. 2. This Chapter shall not apply to: (a) public procurement; (b) subsidies or concessions provided by a Party, including loans, guarantees and insurance supported by States; (c) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its compilation, or (d) financial services, as defined in Article XII of the Fifty-third Additional Protocol to ACE No. 35. 3. For greater certainty, this Chapter is subject to the provisions, exceptions or non-conforming measures set forth in other chapters or annexes of this Agreement or in other relevant treaties entered into between the Parties. 4. The Parties recognize the economic potential and opportunities provided by electronic commerce. 5. Considering the potential of electronic commerce as a tool for social and economic development, the Parties recognize the importance of: (a) the clarity, transparency and predictability of their national regulatory frameworks to facilitate, to the extent possible, the development of electronic commerce; (b) encourage the adoption of initiatives that xxxxxx innovation and legal certainty, including through private sector self- regulatory measures, to promote confidence in electronic commerce, taking into account the interests and rights of users; (c) interoperability and innovation to facilitate e-commerce; (d) ensure that international and national e-commerce policies take into account the interests of all users, including businesses, consumers, non-governmental organizations and relevant public institutions; (e) facilitate access to digital technologies in order to increase the participation of MSMEs in e-commerce; (f) guaranteeing the security of users of electronic commerce, as well as their right to the protection of personal data, and (g) extend protection with respect to subjects that encourage, intermediate the purchase or offer products or services for consumption. 6. Each Party shall endeavor to adopt measures to facilitate trade conducted by electronic means. 7. The Parties recognize the importance of avoiding barriers that constitute a disguised restriction on trade conducted by electronic means. Taking into account its domestic policy objectives, each Party shall endeavor to avoid measures that: (a) hinder commerce conducted by electronic means, or (b) have the effect of treating trade condu...
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Scope of Application and General Provisions. 1. These Terms of Service apply to the provision and use of Swaarm’s Platform as Software-as-a-Service (SaaS). The Services offered by Swaarm are addressed exclusively to companies or persons that legally qualify as business (Unternehmer) pursuant to Section 14 German Civil Code (Bürgerliches Gesetzbuch, BGB). 2. Deviations from these Terms of Service shall only be considered agreed if they have expressly been confirmed in writing by Swaarm. In particular, the mere omission of an objection by Swaarm against any general terms and conditions of the Customer shall not cause such terms and conditions to be considered agreed. This shall also apply if Swaarm performs Services unconditionally upon knowledge of opposing terms and conditions of the Customer or terms and conditions diverging from these Terms of Service. 3. For important reasons, in particular in the event of changes to statutory provisions, judicial precedence, the Platform or market conditions, Swaarm may notify the Customer of amendments to these Terms of Service. The amended Terms of Service shall be deemed to have been agreed if the Customer has not objected to the amendment within one month upon receipt of the notification and Swaarm has explicitly notified the Customer of this consequence. Regardless of the foregoing, changes to the scope of the Contractual Service (Umfang der geschuldeten Leistungen) require the express consent of the Customer.
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Scope of Application and General Provisions 
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Related to Scope of Application and General Provisions

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

  • Certain General Provisions 30 5.1. Closing Fee..........................................................................30 5.2. Agent's Fee..........................................................................30 5.3.

  • Other Provisions of General Application Section 7.1 Notices to the Rights Agent, Parent and the Stockholders’ Representative. Any notice, request, instruction or other document to be given hereunder by any party to the others shall be in writing and delivered personally or sent by registered or certified mail, postage prepaid, by electronic mail (except with respect to the Rights Agent), by facsimile transmission only with respect to the Rights Agent or overnight courier, provided that with respect to notices deliverable to the Stockholders’ Representative, such notices shall be delivered solely via electronic mail or facsimile: If to Parent or the Company: Eros International Plc First Names House Victoria Road Xxxxxxx Isle of Man IM2 4DF British Isles Attention: Xxxx Xxxxxxx, Chief Corporate and Strategy Officer Email: xxxx.xxxxxxx@xxxxxxxx.xxx with a copy (which shall not constitute notice) to: Xxxxxx, Xxxx & Xxxxxxxx LLP 000 Xxxxx Xxxxx Xxxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000 Attention: Xxxxx Xxxxxx Xxxxx Xxxxxx Email: xxxxxxx@xxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xxx If to the Rights Agent: Computershare Trust Company, N.A., Computershare Inc. 000 Xxxxxx Xxxxxx Canton, MA 02021 Attention: Client Services Facsimile: (000) 000-0000 If to the Stockholders’ Representative: Fortis Advisors LLC Attention: Notices Department (Project World Cup) Email: xxxxxxx@xxxxxxxxx.xxx Facsimile: (000) 000-0000 with a copy (which shall not constitute notice) to: Xxxxxxxx & Xxxxx LLP 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxx X. Xxxxxx, P.C. Email: xxxx.xxxxxx@xxxxxxxx.xxx or to such other persons or addresses as may be designated in writing by the party to receive such notice as provided above. Any notice, request, instruction or other document given as provided above shall be deemed given to the receiving party upon actual receipt, if delivered personally; three (3) business days after deposit in the mail, if sent by registered or certified mail; upon confirmation of successful transmission if sent by electronic mail; or on the next business day after deposit with an overnight courier, if sent by an overnight courier.

  • Provisions of General Application (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP. (b) The terms defined in this Article include the plural as well as the singular. (c) The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole. All references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement.

  • General Provisions This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 16 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103. 22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract. 26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended. 30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). XXXXXXXXXX agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI 2 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract.

  • Other General Provisions 14.2.1 This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other, except that Oracle may assign without consent to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. There are no third-party beneficiaries to this Agreement. 14.2.2 This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties. 14.2.3 Oracle’s business partners and other third parties, including any third parties with which the Services have integrations or that are retained by Customer to provide consulting services, implementation services or applications that interact with the Services, are independent of Oracle and are not Oracle’s agents. Oracle is not liable for, bound by, or responsible for any problems with the Services or Customer Data arising due to any acts of any such business partner or third party, unless the business partner or third party is providing Services as Oracle’s subcontractor on an engagement ordered under this Agreement and, if so, then only to the same extent as Oracle would be responsible for our resources under this Agreement.

  • General Provisions Applicable to Loans Section 6.1 Minimum Amounts for Committed Borrowings, Conversions or Continuations and Prepayments.

  • Incorporation of Administrative Code Provisions by Reference The provisions of Chapters 12B and 12C of the San Francisco Administrative Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters, including but not limited to the remedies provided in such Chapters. Without limiting the foregoing, Contractor understands that pursuant to §§12B.2(h) and 12C.3(g) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Contractor and/or deducted from any payments due Contractor.

  • Application and Operation of Agreement Table Of Contents

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