Effectiveness and Miscellaneous Clause Samples
The 'Effectiveness and Miscellaneous' clause establishes when the agreement becomes legally binding and addresses various additional provisions that do not fit elsewhere in the contract. Typically, this clause specifies the date the contract takes effect, clarifies the status of prior agreements, and may include catch-all terms such as governing law, amendment procedures, or severability. Its core function is to ensure the contract is clear on its commencement and to cover any remaining legal or procedural issues, thereby preventing ambiguity and closing potential gaps in the agreement.
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Effectiveness and Miscellaneous. 20.1 Each party shall authorize a representative(s) for signature of this Contract. For the Seller Chemical Equipment Engineering Limited ▇▇▇▇▇▇▇ Schirsner is hereby authorized to sign this Contract. For the Buyer is hereby authorized to sign this contract.
20.2 This Contract shall become effective upon the signature by the authorized persons stipulated in section 20.1
20.3 After the fulfillment of this Contract, this Contract will remain valid beyond one (1) month after the expiry date of the warranty period. Any unsettled credit and debt under this Contract shall not be affected by the expiration of this Contract. The debtor shall effect its obligation of reimbursement to the creditor.
20.4 This Contract is made in English. This Contract is in four (4) originals, two (2) for the Buyer and two (2) for the Seller.
20.5 Appendices to this Contract are integral parts to this Contract and have the same legal force as the text of this Contract itself.
20.6 All amendments, supplements and alternations to the terms and conditions of this Contract shall be made in written form and signed by the authorized representatives according to paragraph 20.1. These documents shall be integral parts of this Contract.
20.7 No assignment of any right or obligation under this Contract shall be made by either party to a third party without prior written consent of the other party.
20.8 The communication between the two parties shall be conducted in written form of Faxes or E-mail, and important matters shall be confirmed in due time by express mail
20.9 Each party shall bear its own costs and expenses occurred for the purpose of this Contract, including but not limited to the travel, accommodation and etc. expenses for the design contact meetings.
20.10 In the event one of the provisions of this Agreement is or becomes invalid or unenforceable in whole or in part, the remaining provisions shall maintain their validity. This shall also apply to any loophole within this Agreement. Instead of an invalid or unenforceable provision or to fill the loophole, a reasonable provision shall apply which insofar as legally possible — comes closest to fulfilling the original intention the parties had considered upon conclusion of this Agreement.
Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution or seal by the parties hereto.
2. During the term of this Agreement, any grace, extension or delay given by the Entrustor to the Borrower and the surety in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor under applicable law and this Agreement, nor be deemed waiver by the Entrustor of any rights or interests under this Agreement, and nor affect any obligations of the Borrower under this Agreement.
3. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected or prejudiced.
4. Headings are included for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposes.
5. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement.
6. This Agreement shall be executed in four counterparts, with each of the Entrustor, the Lender and the Borrower holding one and each counterpart shall have the same legal effect.
Effectiveness and Miscellaneous. 13.1 The Agreement shall come into effect upon the date when it is executed by the legal representatives or authorized representatives of the parties.
13.2 Upon the unanimous agreement of the parties hereto, the Agreement may be amended or supplemented and any of such amendment or supplementary to the Agreement shall be effective only if they are in writing and executed by the legal representatives or authorized representatives of the parties.
13.3 The Agreement is severable. Should any provision hereof for any reason at any time be declared invalid or unenforceable by a competent court, the validity and enforceability of the remaining provisions herein shall remain intact. Under such circumstances, the parties hereto shall, on the principle of honesty and trust, consult each other to conclude a replacement provision, so as to materialize the purpose of the severed provision.
13.4 The Agreement is executed in Chinese in four (4) original counterparts, three of which shall be retained by each party hereto, one shall be filed with the government authority in administering industry and commerce. Each counterpart is equally effective. CHINA MOBILE COMMUNICATIONS CORPORATION By: /s/XUE Taohai ------------------------- Legal Representative or Authorized Representative ANHUI COMMUNICATION SERVICE COMPANY By: /s/▇▇ ▇▇▇▇▇'An ------------------------- Legal Representative or Authorized Representative ANHUI MOBILE COMMUNICATION COMPANY LIMITED By: /s/ZHANG Daode ------------------------- Legal Representative or Authorized Representative APPENDIX A URGENT MINISTRY OF FINANCE DOCUMENT Cai Qi [2002] No. 153 --------------------------------------- LETTER REGARDING VERIFICATION AND APPROVAL OF ASSET APPRAISAL OF INCREASE OF CAPITAL IN MOBILE COMMUNICATION COMPANIES LIMITED IN ANHUI AND OTHER SEVEN MUNICIPALITIES/PROVINCES AND OF CAPITAL CONTRIBUTION IN CHINA MOBILE (HONG KONG) GROUP LIMITED BY CHINA MOBILE COMMUNICATIONS CORPORATION China Mobile Communications Corporation:
1. The corresponding economic actions of this project have been approved by the State Council.
Effectiveness and Miscellaneous. 12.1 This Agreement shall come into effect upon the date when it is executed and stamped by the legal persons or authorized representatives of the parties.
12.2 Upon the unanimous agreement of the parties hereto, this Agreement may be amended or supplemented and any of such amendment or supplement to this Agreement shall be effective only if they are in writing and executed and stamped by the legal representatives or authorized representatives of the parties.
12.3 This Agreement is severable. Should any provision hereof for any reason at any time be declared invalid or unenforceable by a competent court, the validity and enforceability of the remaining provisions herein shall remain intact. Under such circumstances, the parties hereto shall, on the principle of honesty and trust, consult each other to conclude a replacement provision, so as to materialize the purpose of the severed provision.
12.4 This Agreement is executed in Chinese in two (2) original counterparts, each of which shall be retained by each party hereto. Each counterpart is equally effective.
Effectiveness and Miscellaneous. 13.1 The Parties may enter into a supplement through friendly negotiations regarding any issue not contemplated herein. Any amendment or supplemental to this Agreement shall be made in writing.
13.2 The intellectual property rights arising from the provision of consulting and training servicess by the technical staff seconded by Party A to Party B shall be owned by Party A.
13.3 Unless otherwise provided herein, the “day” referred to herein shall mean one calendar day, and the “business day” referred to herein shall mean the day on which the commercial banks in China open for doing business.
13.4 The terms of confidentiality, dispute resolution and liability for breach herein shall survive the rescission or termination of this Agreement.
13.5 Neither Party may assign any or all of its rights or obligations hereunder to any third party without the other Party’s prior written consent.
13.6 The invalidity of any term herein shall not impair the validity of any other irrelevant terms herein.
13.7 This Agreement is made in two (2) original copies, each Party holding one (1) copy. The two (2) copies have the same legal effect. (Remainder of this page intentionally left blank.) By: /s/ Authorized Representative (Affixed with common seal of the company) By: /s/ Authorized Representative (Affixed with common seal of the company) [Schedule]
1. The Parties agree that Party B shall pay service fee to Party A as consideration of the technical consulting and training provided by Party A as follows:
(1) Basic Annual Fee Party B shall pay Party A Renminbi [ ] Yuan (RMB[ ]) each year as the basic annual fee for the training servicess hereunder, which shall be paid in four installments evenly in four quarters. Party B shall transfer Renminbi [ ] Yuan (RMB[ ]) to the bank account designated by Party A within fifteen (15) business days commencing from the first day of each quarter.
Effectiveness and Miscellaneous. 18.1. This Agreement shall come into effect upon execution by the Parties as of the date first above written.
18.2. This Agreement is written in Chinese in five copies. Each Party shall hold one copy respectively and the remaining copies shall be used for pledge registrations.
Effectiveness and Miscellaneous. 17.1 This Contract shall become effective upon:
(1) being signed by all Parties; and
(2) the pledge of Collateral hereunder is recorded by the Pledgors in the register of shareholders of the Target Company.
17.2 This Contract is prepared in Chinese and made in triplicate, with each Party holding one copy. [The remainder of this page is intentionally left blank] [This page is intentionally left blank for signature]
Effectiveness and Miscellaneous. 12.1 This agreement shall become effective upon its execution and seal by both Parties.
12.2 This agreement in written in two originals and each Party shall keep one originals. Each original shall have the same legal validity and effect.
12.3 Either Party shall obtain a written content from the other Party to terminate this Agreement.
12.4 Any other matters shall be revolved by the Parties through consultation.
12.5 This Agreement shall be formally executed on the date written on the first page in Linzi County, Gansu Province.
Effectiveness and Miscellaneous. 4.1 This Order is made in duplicate with the Buyer and the Seller holding one (1) copy respectively and comes into effect after signature and seal by both parties.
4.2 The Buyer and the Seller shall send the original of order text to each other within three (3) working days after the contract is signed. The facsimile has the same effect as the original.
4.3 With regard to matters uncovered in this Order, both parties shall sign a supplemental agreement through negotiation separately. The supplemental agreement is a valid part of this Order and has the same legal effect as this Order.
Effectiveness and Miscellaneous. 17.1 This Agreement is signed and shall become effective as of the day first written above.
17.2 This Agreement is executed in Chinese in 4 originals. Each of the signing parties shall keep one original, and the remaining originals shall be submitted for registration and filing.