Superiority. The parties hereto understand and agree that, notwithstanding any provisions contained in this Agreement, or any other instrument or agreement affecting the Property, the restrictions and covenants hereunder are not intended by the parties hereto to either create a lien upon the Property, or grant any right of foreclosure, under the laws of the jurisdiction where the project is located, to any party hereto or third party beneficiary hereof upon a default of any provision herein, rather they are intended by the parties hereto to constitute a restrictive covenant that is filed of record prior in time to any instrument or agreement granting a security interest in the Project, and that, notwithstanding a foreclosure or transfer of title pursuant to any other instrument or agreement, the restrictive covenants and provisions hereunder shall remain in full force and effect.
Superiority. This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer's preprinted forms, correspondence or other documents transmitted to NETdepot, shall be of no effect, unless otherwise expressly provided in this Agreement. If any conflict of terms set forth in this agreement and its schedules, exhibits, Customer Success Orders and attachments arises, the most recently executed agreement signed by both parties shall prevail.
Superiority. The charges and burdens of this Declaration are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made effecting the Property or Wetlands, or any parts thereof, including any improvements now or hereafter placed thereon, and notwithstanding a foreclosure or other voluntary or involuntary transfer of title pursuant to such instrument, shall remain in full force and effect, but are subordinate to the security interests of record on the Effective Date. Provided, however, that a breach of any of the restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The charges and burdens of this Declaration are not intended to either create a lien upon the Property or Wetland, or grant any right of foreclosure, to any person or party.
Superiority. 17. The superiority requirement is satisfied here because a class action settlement will achieve economies for both the litigants and the Court, avoiding hundreds of thousands of individual adjudications. A class action is superior to other available methods for fairly and efficiently adjudicating this case.
Superiority. No provision on Inhibitex's purchase order form or on Nabi's general conditions of sale or invoice which may purport to impose different conditions upon Inhibitex or Nabi shall modify or otherwise alter the terms of this Agreement.
Superiority. The nature of this action makes the use of the class action vehicle a particularly efficient and appropriate procedure to afford relief to Plaintiffs and the other members of the Class for the wrongs alleged herein, as follows:
Superiority. No provision on TEVA purchase order form or on ERYTECH’s general conditions of sale which may purport to impose different conditions under TEVA or ERYTECH shall modify the terms and conditions of this Agreement.
Superiority. Class Representative has also established the resolution of the Litigation pursuant to the Settlement Agreement and settlement “is superior to other available methods for the fair and efficient adjudication of the controversy.” FED. R. Civ. P. 23(b)(3). In sum, the Court finds the Settlement Class should be certified for the purposes of this proposed class settlement, as the Settlement Class meets all certification requirements of Federal Rule of Civil Procedure 23 for a settlement class. The Settlement Class is certified for settlement purposes only. In determining whether the requirements of Rule 23 have been satisfied for purposes of certifying the above class for settlement purposes, the Court has taken into account the fact of settlement and its impact upon the factors required for certification of the Settlement Class. Among other impacts of settlement, the Court need not inquire whether the case, if tried, would present intractable case management problems since the result of settlement is that there will be no trial. Because this case has been settled at this stage of the proceedings, the Court does not reach, and makes no ruling either way, as to the issue of whether the Settlement Class certified by agreement here for settlement purposes could have ever been certified in this case as a class for litigation purposes.
Superiority. 8.01 No provision on the Aphton purchase order form or on PMC's general conditions of sale which may purport to impose different conditions upon Aphton or PMC shall modify the terms of this Agreement.
