Sundry. To the extent of any inconsistency between the Sale Agreement and these Terms, the Sale Agreement prevails.
Sundry. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. To the extent permitted by applicable law, no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. The headings used in this Agreement are for convenience only and shall not be considered in interpreting this Agreement. If any part of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. Customer may not assign this Agreement without the prior written approval of MariaDB. Such prior approval shall not be needed in case the assignment results from a corporate reorganization, consolidation, merger, or sale of substantially all of its assets, provided that the beneficiary of such assignment is no direct competitor of MariaDB (i.e. an entity providing database products and services). Customer acknowledges that the Products may be subject to U.S. export control laws, and agrees not to disclose or export, either directly or indirectly, any technology or information or Products obtained pursuant to this Agreement. In particular, Customer agrees that the Products are not being nor will be acquired or re-exported, whether directly or indirectly, to proscribed or embargoed countries or to their nationals, nor will they be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. government. Customer hereby certifies that it is not prohibited by the U.S. government from participating in export or reexport transactions. This Agreement may be amended or modified only in a writing executed by both parties. It may be executed via facsimile, and a facsimile copy of either party's signature shall be deemed and be enforceable as an original thereof. In case of conflict or inconsistency between this Agreement and any other document submitted by Customer to MariaDB, the terms and conditions of this Agreement will prevail.
Sundry. 14.1 The parties undertake to act mutually and in good faith to achieve the correct, just and efficient execution of this agreement, and for that purpose the parties undertake to sign any document and to present themselves before any authority, as required.
14.2 Any modification, amendment and/or addition to the agreement shall only become effective and considered as executed if they are agreed to in writing and signed by both parties.
14.3 No conduct by either party shall be deemed to be a waiver of any of its rights under this agreement and/or under any law, or as waiver or acceptance of any breach or non-fulfillment of the terms of the agreement by the other party or as extension, deferral, modification, revocation or addition of any condition, unless agreed to expressly and in writing.
14.4 For purposes of this agreement, the addresses of the parties shall be the addresses set by the parties in the recital to this agreement.
14.5 This Agreement constitutes the entire agreement and understanding between the parties to this agreement regarding the subjects discussed therein and it supersedes any representation, agreement, negotiation, practice, letter of understanding, memorandum of principle, proposal, plan, summary of discussion, letter of intent and an undertaking, whether written or oral, that had existed or exchanged between the parties regarding the said subjects prior to signing this agreement.
Sundry. A ‘vacant position’ shall mean a position for which the posting process has not been completed.
Sundry. (1) The unaccomplished matter in this contract can be written in the tenth article through the two side’s arrangement, and can be evidenced in in writing separately as the accessory of this contract. The accessory of this contract(details in the tenth article) is the indiscerptible component, the text of this contract possesses the equivalent legal validity.
(2) Unless the special illustration in this contract, the related terms and expression has the same meaning with the master contract.
(3) The titles of the contract are only for the convenience of reading, they are not used to be the basis of the titles.
Sundry. In the event that a provision of this agreement is declared invalid, illegal or unenforceable, such a ruling shall not affect the validity of the remaining terms of this agreement. This agreement constitutes the entire commitment of the parties with regard to its purpose, and replaces any other prior agreements and commitments, written or oral, of the parties with regard to the purpose of this agreement. Any amendment to the agreement must be made through a written instrument signed by the parties. This agreement was drawn up in French and English. In the event of discrepancy between the terms of the English and French versions of this agreement, the French version of the agreement shall prevail. The appendices to this agreement form an integral part of this agreement. Each party has prepared this agreement for execution in triplicate by its respective representative.
Sundry. (1) The Controller and the Processor, and where appropriate, their representatives, shall cooperate in the fulfilment of their duties and requirements, if requests are made by the supervisory authority.
(2) In so far as there are no special provisions in this Agreement, the provisions contained in the principal contract shall apply. In the case of discrepancies between this Agreement and the provisions contained in other agreements, in particular the principal contract, the provisions of this Agreement shall take precedence.
(3) Agreements on the technical and organisational measures and the control and assessment documents (also relating to Subprocessors) shall be kept by both parties for the period of their validity and then for another full three calendar years.
(4) The right to plead the right of retention within the meaning of Section 273 BGB (German Civil Code) shall hereby be excluded with regard to the data processed for the Controller and the pertinent data storage media. ....................................... ....................................... ....................................... (Place, date) (Place, date) ....................................... (Controller's signature) (Processor's signatures)
Appendix 1 Purposes and nature of data processing, type of data and categories of data subjects Appendix 2 Technical and organisational measures Appendix 3 Approved Subprocessors
Sundry. 22.1 The Rental Agreement constitutes the entire agreement between TR and Customer with respect to the Equipment and shall not be amended except in writing by TR. The Rental Documents shall be governed in all respects by the laws of Victoria and the jurisdiction of Victoria shall apply to any dispute arising out of the Rental Documents. To the extent of any inconsistency between the Rental Agreement and these Conditions the Rental Agreement prevails.
22.2 TR may amend the Conditions by providing written notice to the Customer and the amended Conditions are deemed to be accepted by the Customer if the Customer continues to use the Equipment after receipt of the amended Conditions.
Sundry. These Terms and Conditions constitute the entire agreement between Hotline and Client with respect to the Equipment/Services and shall not be amended except in writing by Hotline. This Contracted services Agreement shall be governed in all respects by the laws of New South Wales and the jurisdiction of New South Wales shall apply to any dispute arising out of this Contracted Services Agreement.
Sundry. These Terms and Conditions constitute the entire agreement between Encore Monitoring and Customer with respect to the Equipment and shall not be amended except in writing by Encore Monitoring. This Rental Agreement shall be governed in all respects by the laws of Western Australia and the jurisdiction of Western Australia shall apply to any dispute arising out of this Rental Agreement.
