Section Miscellaneous. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all previous and contemporaneous oral or written negotiations, agreements, arrangements and understandings relating to the subject matter hereof. There have been no representations or statements, oral or written, that have been relied on by any party hereto, except those expressly set forth in this Agreement. This Agreement shall not be amended, supplemented or modified except by an instrument in writing signed and delivered by each of the parties hereto. THIS AGREEMENT SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO THE APPLICATION OF ITS CONFLICT OF LAWS RULES. The representations, warranties, agreements and covenants of the parties set forth in this Agreement shall survive the Closing Date. This Agreement may be executed in any number of counterparts, and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts put together shall constitute but one and the same Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns, if any. The headings preceding the text of Sections of this Agreement are provided for convenience and reference only and should not be used in construing this Agreement. Except as otherwise set forth herein, no remedy set forth in this Agreement or otherwise conferred upon or reserved to any party shall be considered exclusive of any other remedy available hereunder, at law or in equity to any party, but the same shall be distinct, separate and cumulative and may be exercised from time to time as often as occasion may arise or as may be deemed expedient. If any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect, it shall be ineffective to the extent of such invalidity, illegality or unenforceability, and the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby. No party hereto shall make any public disclosure of the specific terms of this Agreement, except as required by law and then only upon joint consultation as to the substance of such disclosure; provided, however, that the parties hereto may disclose the material financial terms of this Agreement and t...
Section Miscellaneous. This Agreement may be amended or modified only by a writing executed by the Executive and the Company. This Agreement will be governed by and construed in accordance with the internal laws of the State of Nebraska. This Agreement constitutes the entire agreement of the Company and the Executive with respect to the matters set forth in this Agreement and supersedes any and all other agreements between the Company and the Executive relating to those matters. Any notice required to be given pursuant to this Agreement will be deemed given (i) when delivered in person or by courier or (ii) on the third calendar day after it is sent by facsimile, with written confirmation of receipt, if to the Company, to: Chairman of the Board, CalEnergy Company, Inc. at 302 South 36th Street, Suite 400, Xxxxx, Xxxxxxxx 00000, xxx xxxxxx (000) 000-0000, xxx, if to the Exxxxxxxx, xx 002 South 36th Street, Suite 400, Xxxxx, Xxxxxxxx 00000, xxx xxxxxx (000) 000-0000 xx xo such other addresx xx xxx be subsequently designated by the Company or the Executive in writing to the other party. A waiver by a party of a breach of this Agreement will not constitute a waiver of any other breach, prior or subsequent, of this Agreement.
Section Miscellaneous. 11.1. Appendices, inconsistencies and severability This Project Agreement consists of this core text and: − Appendix 1 (Background included) − Appendix 2 (Accession document) − Appendix 3 (Project Plan including budget) In case the terms of this Project Agreement are in conflict with the terms of the Grant Agreement or Consortium Agreement, the terms of the Grant Agreement and its Annexes shall prevail over the Consortium Agreement and its Attachments and the Consortium Agreement and its Attachments shall prevail over the Project Agreement and its Appendices. In case of conflicts between the Appendices and the core text of this Project Agreement, the latter shall prevail. Should any provision of this Project Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining provisions of this Project Agreement. In such a case, the Parties concerned shall be entitled to request that a valid and practicable provision be negotiated that fulfils the purpose of the original provision.
Section Miscellaneous. This Amendment shall be governed by, and construed in ------------- accordance with, the laws of the State of Tennessee. This Amendment may be executed by the parties hereto in separate counterparts (including by facsimile) each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same agreement. The Master Agreement, as amended hereby, remains in full force and effect. Any reference to the Master Agreement from and after the date hereof shall be deemed to refer to the Master Agreement as amended hereby, unless otherwise expressly stated. Dollar hereby agrees to pay, or promptly reimburse the Agent for, all costs and expenses incurred by the Agent in connection with this Amendment, including, without limitation, all reasonable attorneys' fees and disbursements.
Section Miscellaneous. A. As amended by this Amendment, the Certificate Purchase Agreement is in all respects ratified and confirmed, and the Certificate Purchase Agreement as amended by this Amendment shall be read, taken and construed as one and the same instrument.
Section Miscellaneous. This Consortium Agreement, the annexes, the Grant Agreement, and when such exists, addendum and any complementary agreement(s), shall constitute the entire agreement among the Parties in respect of the Project, and supersede all previous negotiations, commitments and documents concerning the Project including any memorandum of understanding among the Contractors (whether or not with others) which relate to the Project or its proposal to the European Commission
Section Miscellaneous. 11.1 Attachments, inconsistencies and severability This Consortium Agreement consists of this core text and: Attachment 1 (Background included)
Section Miscellaneous. The City agrees to install heaters in all equipment where practicable. The City shall provide fire insurance covering the tools owned by employees and used in performance of their duties with the City. Proper accommodations, including washrooms and dry room facilities shall be provided for employees to have their meals and keep their
Section Miscellaneous. Remedies. The Company agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.
Section Miscellaneous. This Undertaking constitutes the entire agreement of Provider with respect to the matters set forth herein. The rights and remedies herein provided are cumulative and not exclusive of any remedies provided by law or any other agreement, and this Undertaking shall be in addition to any other guaranty of or collateral security for any of the Obligations. The provisions of this Undertaking are severable, and in any action or proceeding involving any state corporate law, or any state or federal bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of Provider hereunder would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Provider’s liability under this Undertaking, then, notwithstanding any other provision of this Undertaking to the contrary, the amount of such liability shall, without any further action by Provider or Recipient, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding. Any provisions of this Undertaking which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Unless otherwise specified, references herein to “Section” shall mean a reference to sections of this Undertaking. * * * * Exh. XI-8
