Miscellaneous is amended in the first paragraph by changing the first letter of each of the words in each of the terms in quotations marks, except "Parent," to the lower case and giving to the term "assignment" the meaning as set forth only in the 1940 Act and the Rules and Regulations thereunder (and not as set forth in the 1933 Act and the Rules and Regulations thereunder.)
Miscellaneous. You will promptly notify XOOM if there is any drastic change in your energy consumption. For the purpose of accounting both parties accept the quantity, quality and measurements determined by your local utility company. Except as provided by law, you will pay all taxes or other fees due and payable with respect to customer obligations under this Agreement. This Agreement shall be governed by the laws of the state of North Carolina without recourse to such states choice of law rules. There may be a delay before your local utility switches your natural gas supply to XOOM. XOOM is not responsible for such delays. Communications: XOOM may correspond with you by United States Postal Service, electronic means, or other method, at its sole discretion. Insolvency: You acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of the application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or to this Agreement.
Miscellaneous. Each of the parties shall (i) waive its right to a trial by jury and (ii) submit to New York jurisdiction.
Examples of Miscellaneous in a sentence
The Student should be informed in writing of alternative study arrangements (if any), and also be entitled to a refund of the entire Course Fees and Miscellaneous Fees already paid should the Student decide to withdraw, within seven (7) working days of the above notice.
Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.
Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause.
The State retains all rights and immunities under the State Miscellaneous (Section 81-8,294), Tort (Section 81-8,209), and Contract Claim Acts (Section 81-8,302), as outlined in Neb.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.
More Definitions of Miscellaneous
Miscellaneous shall survive, and continue in full force and effect, after any termination or expiration of this Agreement, irrespective of the reason for the termination or any claim that the termination was wrongful or illegal.
Miscellaneous means any business activity not otherwise defined in this section.
Miscellaneous. You will promptly notify XOOM if there is any drastic change in your energy consumption. For the purpose of accounting both parties accept the quantity, quality and measurements determined by your local utility company. Except as provided by law, you will pay all taxes or other fees due and payable with respect to customer obligations under this Agreement. This Agreement shall be governed by the laws of the state of Ohio without recourse to such states choice of law rules. There may be a delay before your local utility switches your natural gas supply to XOOM. XOOM is not responsible for such delays. You have the right to request from XOOM up to twenty-four (24) months of your payment history for services rendered by XOOM without charge. Insolvency: You acknowledge and agree that this Agreement and the transaction(s) contemplated under this Agreement constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of the application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or to this Agreement. Limitation of Liability and Warranty:XOOM WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Force Majeure:XOOM will not be responsible for supplying natural gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to, acts of terrorism, sabotage, or acts of God. XOOM may cancel this Agreement if there is any change in regulation, law, pricing structure, tariff, or change in procedure required by a third party that results in XOOM being prevented, prohibited, or frustrated from carrying out the terms of this Agreement. XOOM may cancel this Agreement if your usage of natural gas changes substantially.
Miscellaneous. For the projects, such as textbook chapters or revisions, videos, films, private lessons with a maestro, or the editing of newsletters, which do not fit into the above- mentioned categories, a district-wide committee of five (5) appointed by the Vice Chancellor of Human Resources and Organizational Development or designee will sit as an evaluation panel. At least two (2) faculty members shall be from the discipline of the unit member seeking advancement. The panel shall review not only the content of the project but shall determine with the unit member seeking advancement the number of hours spent on the project. As a rule, 54 hours of work should equal 1 unit of credit. A maximum of six (6) semester hours credit are allowable for each submission up to a total maximum of 15 units.
Miscellaneous provisions set forth in Article 12 of the Agreement are incorporated herein by reference, mutatis mutandis, as if set forth in full herein; provided, however, that for purposes of Section 12.3, and for all other purposes, each reference to the Agreement shall refer to the Agreement as amended by this Amendment.
Miscellaneous provisions contained in Section 14 of the Agreement, which are incorporated by reference herein, provided that any notice or other communication under the Agreement or this Amendment to be delivered to Manulife shall be provided to the following address in accordance with Section 14(e) of the Agreement: Manulife Financial Corporation, 200 Bloor Street East, Toronto, Ontario M4W 1E5, attention: Genxxxx Xxxxxxx. Xxxx Xxxxxxxxx xxx xx xxxxxxxx xx or more counterparts and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement.
Miscellaneous will survive the Term of Employment. If your employment continues after the Term of Employment, you will be subject to the obligations imposed by each of such Sections with respect to such employment. Any obligations that Genuity has incurred under this Agreement to provide benefits that are due under the terms of this Agreement, as well as any conditions that you must meet in order to be entitled to receive or retain such benefits, will likewise survive the Term of Employment. Except as provided by the preceding provisions of this Section ("Survival"), the terms of your employment after the end of the Term of Employment will not be governed by this Agreement. Arbitration - Any dispute arising out of or relating to this Agreement, except any dispute arising out of or relating to the Sections captioned "Covenants" and "Confidentiality," and any dispute arising out of or relating to your employment, will be settled by final and binding arbitration, which will be the exclusive means of resolving any such dispute, and the parties specifically waive all rights to pursue any other remedy, recourse, or relief. With respect to disputes arising out of or relating to the Sections captioned "Covenants" and "Confidentiality," Genuity has retained all its rights to legal and equitable recourse and relief, including but not limited to injunctive relief, as referred to in Section captioned "Additional Remedies." The arbitration will be expedited and conducted in Boston, Massachusetts pursuant to the Center for Public Resources ("CPR") Rules for Non-Administered Arbitration of Employment Disputes in effect at the time of notice of the dispute before one neutral arbitrator appointed by CPR from the CPR Panel of neutrals unless the parties mutually agree to the appointment of a different neutral arbitrator. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, and judgment upon the award rendered by the arbitration may be entered by any court having jurisdiction. The finding of the arbitrator may not change the express terms of this Agreement and shall be consistent with the arbitrator's understanding of the findings a court of proper jurisdiction would make in applying the applicable law to the facts underlying the dispute. In no event whatsoever will such an arbitration award include any award of damages other than the amounts in controversy under this Agreement. The parties waive the right to recover, in such arbitration, punitive damag...