Miscellaneous Terms and Conditions Sample Clauses
The "Miscellaneous Terms and Conditions" clause serves as a catch-all section that addresses various legal and administrative provisions not covered elsewhere in the agreement. This clause typically includes items such as governing law, dispute resolution procedures, assignment rights, amendment processes, and notices. For example, it may specify which state's laws apply to the contract or how parties should communicate formal changes. Its core practical function is to ensure that all necessary but ancillary legal details are addressed, thereby reducing ambiguity and minimizing potential disputes over procedural or jurisdictional matters.
POPULAR SAMPLE Copied 39 times
Miscellaneous Terms and Conditions. 11.1 Nothing contained in this Amendment shall be deemed: (a) to obligate Verizon to offer or provide unbundled access to any UNE (whether as a stand-alone UNE, as part of a combination, or otherwise) that was not already available to Customer under the Agreements prior to this Amendment, (b) to obligate Verizon to offer or provide unbundled access at rates prescribed under Section 251(c)(3) of the Act to any facility that is or becomes a Discontinued UNE, whether as a stand-alone UNE, as part of a combination, or otherwise or (c) to limit any right of Verizon under the Agreement (independent of this Amendment), any Verizon tariff or SGAT, or otherwise, to cease providing a Discontinued UNE, whether as a stand-alone facility, as part of a combination, or otherwise.
11.2 Notwithstanding any other provision of the Agreement, and without limiting any existing rights Verizon may have to cease providing UNEs that are discontinued under Applicable Law, in the event that the FCC determines or has determined (whether by forbearance of existing rules, a rule change or otherwise) that Verizon is not required to provide any UNEs contained in the Amended Agreements beyond the UNEs specifically addressed in this Amendment, then Verizon (to the extent it has not already done so prior to execution of this Amendment) may implement such discontinuation by notifying Customer and/or by publishing notice of such discontinuation on Verizon’s wholesale website, and no amendment to the Amended Agreement shall be required for such purposes. Any such notice that Verizon issues (or has issued) shall address, among other things, the date on which new orders are disallowed and any transition period that is required for the embedded base (which shall be at least 90 (ninety) days unless the FCC requires a longer transition period for the embedded base). After the end of any such transition period, Customer’s embedded base of the subject UNE will be treated as a Discontinued UNE under Section 10 above.
Miscellaneous Terms and Conditions. 1. loanDepot acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke loanDepot’s license to engage in the business of a mortgage banker under Article 12-D of the Banking Law.
2. loanDepot acknowledges that entering into this Agreement shall not bar, estop or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting loanDepot, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter or matters whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or her designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or her designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent.
6. All written communications to the Department regarding this Agreement shall be sent as follows: Attention:
Miscellaneous Terms and Conditions. The following terms and conditions also apply.
Miscellaneous Terms and Conditions. 1. Registrant acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke Registrant’s registration to engage in the business of a mortgage broker.
2. Registrant acknowledges that entering into this Agreement shall not bar, estop or otherwise prevent the Superintendent or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Registrant, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assignees with respect to the violations cited herein, or any other matter, whether related or not to such violations.
3. This Agreement may not be altered, modified or otherwise changed unless in writing and signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and will remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. All written communication to the Department regarding this Agreement shall be sent to: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Deputy Superintendent New York State Department of Financial Services ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ New York, NY 10004
6. All written communication to the Registrant regarding this Agreement shall be sent to: April ▇. ▇▇▇▇▇ Owner YourApproved Funding Corp. 1779 Southern Boulevard Professional Office One Bronx, NY 10460
7. No extension or waiver of the terms of this Agreement shall be binding on the Department unless it is in writing and signed by the Superintendent or Deputy Superintendent.
8. The effective date of this Agreement is the date on which it is executed by the Superintendent or Deputy Superintendent.
9. This Agreement is not confidential; therefore, it is available to the public. WHEREFORE, the Settling Parties hereto have caused this Agreement to be executed:
Miscellaneous Terms and Conditions. 1. Prysma acknowledges that its failure to comply with any of the terms and conditions of this Agreement may result in the Department taking action to revoke Prysma’s registration to engage in the business of a mortgage broker under Article 12-D of the Banking Law.
2. Prysma acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Prysma, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent for Mortgage Banking.
6. All written communications to the Department regarding this Agreement shall be sent as follows. Attention:
Miscellaneous Terms and Conditions. 8.1 Acquisition of 50% of Jet Aviation Trading, Inc. The parties agree that Buyer's obligations under this Agreement are conditioned upon Buyer acquiring not less than 50% of the issued and outstanding shares of the capital stock of Jet Aviation Trading, Inc.
Miscellaneous Terms and Conditions. 1. Associated acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke Associated’s license to engage in the business of a mortgage banker under Article 12-D of the Banking Law.
2. Associated acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Associated, any of its current or former owners, officers, directors, employees, or insiders, or their successors.
3. This Agreement may not be altered, modified or changed unless in writing signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent.
6. All written communications to the Department regarding this Agreement should be sent as follows. Attention:
Miscellaneous Terms and Conditions. 1. WEM acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to suspend or revoke WEM’s registration to engage in the business of a mortgage broker under Article 12-D of the Banking Law.
2. The Superintendent has agreed to the terms of this Agreement based on the representation made to the Department, or written materials submitted to the Department, by WEM either directly or through its counsel and the Department’s findings in the Examination. To the Extend that, the written representations or written submissions made by WEM to the Department either directly or through its counsel are later found to be materially incomplete or inaccurate, this Agreement is voidable by the Superintendent in her sole discretion.
3. Upon the request of the Department, WEM shall provide all documentation and information necessary for the Department to verify full compliance with this Agreement.
4. WEM represents and warrants, through the signature below, that the terms and conditions of this Agreement were duly approved, and execution is duly authorized.
5. No further action will be taken by the Department against WEM for the specific conduct set forth in this Agreement, provided that WEM fully complies with the terms of this Agreement.
6. This Agreement and any dispute thereunder shall be governed by the laws of the State of New York without regard to any conflict of laws principles.
7. WEM waives all rights to further notice and hearing in this matter as to any allegations of past violations up to and including the effective date of this Agreement and agrees that no provision of the Agreement is subject to review in any court of tribunal outside of the Department.
8. In the event that one or more provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
9. WEM acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting WEM, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter whether related or not to such violations.
10. This...
Miscellaneous Terms and Conditions. (a) Each party understands and agrees that Executive or it assumes all risk that the facts or law may be, or become, different than the facts or law as believed by the party at the time Executive or it executes this Agreement. Executive and the Company acknowledge that their relationship precludes any affirmative obligation of disclosure, and expressly disclaim all reliance upon information supplied or concealed by the adverse party or its counsel in connection with the negotiation and/or execution of this Agreement.
(b) The parties warrant and represent that they have been offered no promise or inducement except as expressly provided in this Agreement, and that this Agreement is not in violation of or in conflict with any other agreement of either party.
(c) All covenants and warranties contained in this Agreement are contractual and shall survive the closing of this Agreement.
Miscellaneous Terms and Conditions. 1. Resurgent acknowledges that its failure to comply with any of the settlement terms and conditions of this Agreement may result in the Department taking action to revoke its registration to engage in the business of a mortgage loan servicer under Part 418 of the Superintendent’s Regulations and Article 12-D of the Banking Law.
2. Resurgent acknowledges that entering into this Agreement shall not bar, estop, or otherwise prevent the Superintendent, or any state, federal or local agency or department or any prosecutorial authority from taking any other action affecting Resurgent, any of its current or former owners, officers, directors, employees, or insiders, or their successors or assigns with respect to the violations cited herein, or any other matter whether related or not to such violations.
3. This Agreement may not be altered, modified or changed unless in writing and signed by the Superintendent or his designee.
4. This Agreement shall be enforceable and remain in effect unless stayed or terminated in writing by the Superintendent or his designee.
5. The effective date of this Agreement is the date on which it is executed by the Deputy Superintendent or her designee.
6. All written communications to the Department regarding this Agreement should be sent as follows: Attention: