XXXXXXXXXXON. Time shall be construed to be of the essence.
XXXXXXXXXXON. This Agreement shall be governed by and construed to be in accordance with substantive laws of the State of Delaware without reference to choice of law principles thereof and in accordance with the 1940 Act. In the case of any conflict, the 1940 Act shall control.
XXXXXXXXXXON. To encourage the Executive to remain an employee of the Company, the Company is willing to provide to the Executive a deferred incentive opportunity. The Company will pay the benefits from its general assets.
XXXXXXXXXXON. The language of this Agreement shall be construed as to its fair meaning and not strictly for or against either party. If any part of this Agreement is construed to be a violation of law, such part shall be modified to achieve the objective of the parties to the fullest extent permitted and the balance of this Agreement shall remain in full force and effect.
XXXXXXXXXXON. This Agreement shall be construed under the laws of the State of Arizona and any action taken by any party shall be brought in the State of Arizona and the execution hereof confers jurisdiction in Arizona to all of the parties to this Agreement.
XXXXXXXXXXON. Novirio SARL, an affiliate of Novirio, and the University are parties to a certain Cooperative Research Activity Agreement dated as of January 4, 1999 (as amended, the "Research Agreement") pursuant to which Novirio SARL and the University have agreed to undertake a co-operative activity (the "Co-operative Activity") in connection with research in the field of antiviral substances.
XXXXXXXXXXON. The language ox xxxx Xxxxxxxxx xxxxx be construed simply and according to its fair meaning, and any indefinite or ambiguous language shall be construed for the employee and against the company.
XXXXXXXXXXON. Except as expressly modified by this Amendment, the Lease remains in full force and effect and is hereby ratified and confirmed by the parties.
XXXXXXXXXXON. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
XXXXXXXXXXON. This Agreement including Schedule A hereto, incorporates the ------------ entire under3tanding of the parties and supersedes all previous agreements and shall be governed by, and constructed in accordance with, the laws of the State of Florida as applied to contracts made and performed in such State. The Company and Consultant each hereby irrevocably submits to the exclusive jurisdiction of the Federal and Florida State courts located in Miami-Dade County, Florida in connection with any suit, action, or proceeding related to this Agreement or any of the matters contemplated ) irrevocably waives any defense of lack of personal jurisdiction and irrevocably agrees that all claims in respect of any such suit, action or proceeding may be heard and determined in any such court. The Company and Consultant each irrevocably waives, to the fullest extent it may effectively do so under applicable law, any objection which it may now or hereafter have to the laying of venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in my such court had been brought in an inconvenient forum. Each Indemnified Person (as defined in Schedule A to this Agreement) is intended to be a third party beneficiary of the provisions of paragraph 5 hereof and schedule A. All obligations of the Company hereunder and under Schedule A shall be joint and several Obligations of the Company and its affiliates and subsidiaries,,
