Examples of Index Agreement in a sentence
Neither Party shall have any remedy in respect of any untrue statement made by the other upon which that Party relied in entering into this Index Agreement (unless such untrue statement was made fraudulently or was as to a fundamental matter including as to a matter fundamental to the other Party’s ability to perform its obligations under this Index Agreement) and that Party's only remedies shall be for breach of contract as provided in this Index Agreement.
Cboe may terminate this Index Agreement by the provision of at least thirty days’ notice after receipt of notice from the Recipient of such a transfer if in Cboe’s reasonable opinion it does not wish to continue to make the Index Data and/or Services available to Recipient’s successor and/or Affiliate as applicable.
This Index Agreement shall be governed by and construed in accordance with the laws of England and each Party hereby submits to the exclusive jurisdiction of the English Courts.
Except for those limited rights granted in accordance with Clause 4, no term of this Index Agreement is enforceable under the Contract (Rights of Third Parties) Xxx 0000 by a person who is not a Party to this Index Agreement.
No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the Parties prior to this Index Agreement except as expressly stated in this Index Agreement.
This Index Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
The terms and conditions of Clauses 1, 2, 4.4, 4.5 6.3, 7, 8.4, 8.5, 9, 10, 12, 15, 16, 18, 19, 20, 21 and 22 shall survive termination, cancellation, replacement, expiration or modification of this Index Agreement.
If any term of this Index Agreement is found to be illegal, invalid, or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms be deemed omitted from the Index Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
Except for those limited rights granted in accordance with Clause 4, the Recipient may not transfer, novate, assign or sub-license this Index Agreement or any of its rights or obligations hereunder to a third party without the prior written consent of Cboe, such consent not to be unreasonably withheld or delayed.
In addition, any notice which Cboe is required or authorised by this Index Agreement to give or make to the Recipient may be given by trading notice published by Cboe on the Website.