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. The Borrower agrees that all notices or other communications provided for hereunder shall be in writing (including telecommunications) and shall be mailed, telecopied, telexed, telegraphed or delivered to the Borrower at the address of the Borrower set forth next to its signature, or at such other address as may hereafter be specified by the Borrower set forth next to its signature, or at such other address as may hereafter be specified by the Borrower to the Lender (at its address set forth herein) in writing. All notices and communications shall be effective (i) if mailed, when received or three days after mailing, whichever is earlier, (ii) it telecopied, when transmitted, and (iii) if delivered, upon delivery. No failure on the part of the Lender to exercise, and no delay in exercising, any right, power, privilege or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof by the Lender preclude any other or further exercise thereof or the exercise of any other right, power, privilege or remedy of the Lender. No amendment or waiver of any provision of this Note, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Borrower hereby agrees to pay on demand all costs and expenses (including, without limitation, all fees and expenses of counsel to the Lender) incurred by the Lender in connection with (i) the preparation, execution, delivery, administration and amendment of this Agreement and the other Loan Documents, and (iii) the enforcement of the Lender's rights, and the collection of all amounts due, hereunder. Borrower hereby (i) irrevocably submits to the jurisdiction of any New York State or Federal court sitting in New York City in any action or proceeding arising out of or relating to this Agreement, (ii) waives any defense based on doctrines of venue or forum non conveniens, or similar rules or doctrines, and ----- --- ---------- (iii) irrevocably agrees that all c...
Section Miscellaneous. 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 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. 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.
11.2. No representation, partnership or agency Except as otherwise provided in Section 6.5.4, no Party shall be entitled to act or to make legally binding declarations on behalf of any other Party or of the Project Consortium. Nothing in this Project Agreement shall be deemed to constitute a joint venture, agency, partnership, interest grouping or any other kind of formal business grouping or entity between the Parties.
11.3. Notices and other communication Any notice to be given under this Project Agreement shall be in writing to the addresses and recipients as listed in the most current address list kept by the Project Lead.
Section Miscellaneous. Any provision of this Trust Agreement prohibited by law shall be ineffective to the extent of any such prohibition, without invalidating the remaining provisions hereof. Benefits payable to Plan participants and their beneficiaries under this Trust Agreement may not be anticipated, assigned (either at law or in equity), alienated, pledged, encumbered or subjected to attachment, garnishment, levy, execution or other legal or equitable process. This Trust Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any action with respect to the Plan or this Trust required or permitted to be taken by Xxxxxx shall be by resolution of its Board of Directors, by a duly authorized committee of its Board of Directors, or by a person or persons authorized by resolution of its Board of Directors or such Committee. Until further notice from either party hereto, any notices delivered pursuant to this Trust Agreement and all other communications shall be in writing and shall be delivered, sent or transmitted to the persons at the addresses and facsimile numbers set forth hereunder. All notices and other communications shall be effective when received. The party seeking to rely on notice having been given under this paragraph shall be responsible for ascertaining its receipt. For a Company or the Companies: Xxxxxx International, Inc. Attn: Corporate Secretary 000 Xxxxxx Xxxxxx X.X. Xxx 000 Xxxxxxxx, Xxx Xxxxxx 00000 Facsimile No. 000-000-0000 For Trustee: Prudential Trust Company Attn: Assistant Secretary 00 Xxxxxxxx Xxxxxx Xxxx Xxxxxxxx, XX 00000 Facsimile No. This Trust Agreement between Xxxxxx Service Group, Xxxxxx and Trustee contains the entire understanding between the parties with respect to its subject matter and, as of the effective date of this Trust Agreement, it supersedes and entirely replaces any and all prior agreements between Xxxxxx Service Group and Trustee with respect to the subject matter of this Trust Agreement. This Trust Agreement shall be binding upon and inure to the benefit of the parties hereof and their heirs, successors, and assignees. This Trust Agreement is not assignable by any party without the express written consent of the other party. Titles and captions used in this Trust Agreement are included for convenience of reference only and in no way define or delimit any provisions or otherwise alter the construction or effect. Where the context permits, words in the masculine gender shall i...
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. The miscellaneous provisions of the Credit Agreement apply to this Agreement. This Agreement may be signed in any number of counterparts, each of which shall be an original.
Section Miscellaneous. Each party to this Agreement shall pay its own expenses in connection with the preparation of this Agreement and the consummation of the transactions contemplated hereby, including the fees of any attorneys, accountants and other representatives and agents engaged by such party.
Section Miscellaneous. 11.1 Attachments, inconsistencies and severability This Consortium Agreement consists of this core text and: Attachment 1 (Background included)