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.
Sundry. To the extent of any inconsistency between the Sale Agreement and these Terms, the Sale Agreement prevails.
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.
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. (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.
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 k) A ‘vacant position’ shall mean a position for which the posting process has not been completed.
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.
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. 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). 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 or scanned copy sent via email 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. The resident or representative is asked to provide the following information to assist the Home: Name, address and telephone number of next of kin. Any particular wishes of the resident concerning funeral arrangements. Any social or cultural tradition that the resident requires to be kept. Medical history and details of current prescribed medication. Special dietary needs and dietary preferences. Residents are encouraged to personalise their rooms but in the interest of safety, residents, their families or visitors are not permitted to hang pictures or put up shelves in the bedrooms. This will be undertaken by the staff. It is the policy of the home to ensure that a resident’s room is private. Notwithstanding this where notice has been given by either party, the home reserves the right to show visitors the residents room, after giving the resident due warning. The home reserves the right to move the resident to an alternative room if this is in the best interest of maintaining care to the resident.
