MISCELLANEOUS. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior oral and written communications with respect thereto. Each of the parties acknowledges that in entering into this Agreement it has not relied on any oral or written representation, warranty or other assurance of the other Party and waives all rights which might otherwise be available to it in respect thereof. If, at any time, any term of this Agreement is or becomes illegal, invalid or unenforceable in any respect, this will not affect the legality, validity or enforceability in that jurisdiction of any other term of this Agreement. No failure or delay in exercising any right in respect of this Agreement will be presumed to operate as any waiver thereof, and no single or partial exercise of any right will be presumed to preclude any subsequent or further exercise of that right or the exercise of any other right.
MISCELLANEOUS a) Any notice required or permitted to be given by either party to the other under these GTC shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
b) No waiver by Xxxxxxxxx of any breach of the Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Any purported waiver by Xxxxxxxxx will be void and ineffective unless it is in writing and signed by a properly authorized Representative of Sartorius.
c) If individual provisions of these GTC are or become fully or partially ineffective, the remaining provisions of the GTC shall not be affected thereby. This also applies if an unintended omission is found in the Agreement. A fully or partially ineffective provision shall be replaced or an unintended omission in the GTC shall be filled by an appropriate provision which, as far as is legally possible, most closely approximates to the original intention of the contractual parties or to what they would have intended according to the meaning and purpose of these GTC had they been aware of the ineffectiveness or omission of the provision(s) in question.
d) This Agreement will be governed by and construed in accordance with the laws of Argentina. The United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) is not applicable to this Agreement. In the event the Customer is located in Argentina, any disputes under this Agreement must be brought before the local courts of the registered office of Sartorius, and the Parties hereby consent to the personal jurisdiction and exclusive venue of these courts. Furthermore, Sartorius shall be entitled at its discretion to assert its own claims at the Customer’s place of jurisdiction. After a lawsuit has been filed, the Customer shall be limited, on the basis of his or her own rights and claims, to bring a counterclaim before the particular court before which the original action has been brought or to offset his or her own claim against the claim lodged in said action before the court. In the event the Customer is located outside Argentina, all dispute, controversy or claim arising out of or relating to this Agreement or its validity shall be finally settled according to the ICC Rules of Conciliation and Arbitration without recourse to the ordin...
MISCELLANEOUS. 1.1. Further Assurances. Each party to this Guaranty shall execute all instruments and documents and take all actions as may be reasonably required to effectuate this Guaranty.
MISCELLANEOUS. (a) The Provider may not assign the contract in whole or in part, nor may it subcontract the manufacturing of the goods or performance of the services without the prior written consent of the Purchaser.
(b) All notices hereunder must be in writing and in Spanish and must be sent using a courier service or by certified fax, certifi ed mail (return receipt requested) or fax (subject to confirmation of transmission) to the address of the other party (or at such other address as each party has designated to this end). Notices shall be deemed received as follows: if sent using a courier service or by certified mail, upon dispatch thereof; if sent by certified mail, on the fifth (5th) business day following the mailing thereof; and if sent by fax, upon confirmation of transmission.
(c) In accordance with Organic Law 15/1999 on the Protection of Personal Data (LOPD, per its initials in Spanish), the Provider, being aware of the contents thereof and the rights recognised therein, authorises the Purchaser to process such personal data from this time forward for the purpose of carrying out the present contractual relationship on the terms set forth in the LOPD. In addition, the Provider warrants that all data it provides to the Purchaser shall be true and correct and that it will notify the Purchaser of any changes to the same.
(d) Failure by the Purchaser to enforce any provision of this contract shall not be interpreted as a waiver of any right it may have pursuant thereto or any claim in connection with a future breach thereof. None of the rights conferred upon the Purchaser pursuant to the provisions of this contract shall be exclusive of any other potential rights, and each such right shall be cumulative and shall accrue accordingly.
(e) The provisions of clauses 6(d), 6(e) and 8 shall remain in effect and shall survive the termination of this contract irrespective of the reason therefor.
(f) This contract shall be governed by and interpreted in accordance with Spanish law. The Provider and the Purchaser, renouncing their right to bring an action in any other applicable forum, hereby submit all claims or legal proceedings relating to the goods or services or to this contract to the exclusive jurisdiction of the Spanish courts, which shall be governed by the rules regarding territorial and other types of jurisdiction that are set forth in Spanish Law 1/2000 on Civil Procedure.
MISCELLANEOUS. 7.1. Governing Law and Exclusive Forum. The construction, interpretation and performance of this Agreement, as well as the legal relations of the parties, shall be governed by and construed in accordance with the laws identified as the Governing Law for the applicable Contract Jurisdiction in Table 1, without regard to its choice of law principles. All disputes arising under this Agreement shall be heard only by a court of competent jurisdiction in the Venue in the applicable Contract Jurisdiction in Table 1, and You submit to the jurisdiction of such courts for the purpose of litigating such disputes.
7.2. Severability. If any part of this Agreement shall be held invalid or unenforceable, such determination shall not affect the validity or enforceability of any remaining portion, which shall remain in force and effect as if this Agreement had been executed with the invalid or unenforceable portion thereof eliminated.
MISCELLANEOUS. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and A los efectos del presente Contrato, se entiende por “Filial”, cualquier filial de MIBGAS filial de una filial de MIBGAS, una entidad matriz de MIBGAS o cualquier filial de dicha matriz.
MISCELLANEOUS. This Agreement shall be governed by the laws of the State of Colorado. Xxxxxx acknowledges having read and understood all of the terms and provisions of this Agreement and agrees to be bound thereby. All references to “Lessee” herein shall include and mean all occupants of the Home set forth in the Application, provided such occupants have been approved by Lessor in writing. Time is of the essence of this Agreement. The provisions of this Agreement shall be severable; if any provision is held invalid or unenforceable by any court of law for any reason whatsoever, the remaining provisions shall not be affected and shall be in full force and effect. To the extent any term of this Agreement contradicts or is violative of any provision of Colorado law, including without limitation, the Act codified at C.R.S. § 38-12- 201, et seq., this Agreement shall automatically be modified to conform to comply with such law or regulation.
MISCELLANEOUS. 18.1 Unless provided otherwise by mandatory laws, the exclusive and sole place of jurisdiction for all disputes between Supplier and us shall be A tribunales de A Coruña, España. Podremos, asimismo, demandar al Proveedor en el fuero general que le corresponda o en su sede social.
18.2 La relación contractual entre el proveedor y nosotros se rige exclusivamente por la legislación española, con exclusión de las disposiciones sobre conflictos xx xxxxx y de la Convención de las NU sobre Contratos para la Compraventa Internacional de Mercaderías.
MISCELLANEOUS. 7.1. Assignment The Client may not assign, transfer, encumber or subrogate, in part or in full, the rights and obligations established in this Contract in favor of third parties. The Company may assign or transfer its contractual position herein to third parties by communicating so to the Client.
7.2. Compliance with current regulations Pursuant to Royal Decree 171/2004, of 30 January, implementing article 24 of Law 31/1995, of 8 November, on Occupational-Risk Prevention, as regards the organization of business activities, the Company will coordinate the contractors and subcontractors that are going to carry out works at the Property in order to establish some rules, as may be necessary to guarantee the health and safety of the workers. To that end, as a condition for formalizing the Contract, the Client will provide the Company with the following documents:
1. Preventive Plan.
2. Evaluation of the Risks involved in the activity/ies intended to be carried out at the Property.
3. Preemptive Planning.
4. Documents evidencing the training and information provided to workers.
5. Documents evidencing the ability of the workers to perform the tasks at the Property, supported by their medical examination.
6. The list of people that will work at the Property and copies of the TC-2 forms.
7. A copy of the Civil Liability Insurance Policy to be taken out by the Client in accordance with clause 5 above.
7.3. Data protection. Pursuant to that established in article 6 of Organic Law 15/1999 of 13 December on Personal Data Protection, the Company informs that it will incorporate your personal data into its customers data file in order to manage the provision of services described in the General Terms. Similarly, the Company informs that the data subject may exercise the rights of objection, access, rectification and cancellation by sending a written communication to this address: ORYECO S.L., xxxx. Xxxxxxxx X, xx 00,000 00000 Xxx Xxxxxxxxx xx los xxxxx (Madrid).
MISCELLANEOUS. 15.1 Except as otherwise provided, neither Party shall be liable for loss, damage, claims or demands of any nature arising out of delays or defaults in performance under the Order due to force majeure, which shall include, but not be limited to: acts of God or of the public enemy; floods or fire; hostilities or war (whether declared or undeclared) terrorist acts; blockade; labor disturbances, strikes, riots, insurrection or civil commotion; quarantine restrictions, pandemics or epidemics; earthquakes; hurricanes, tides, frosts, storms, bad weather or other forces of nature; accidents; breakdown or injury to producing or delivering facilities; or law, decrees, regulation, orders or other directives or actions of either general or particular application of a port or custom authority or any governmental authority or agency thereof or of a person or authority purporting to act thereof, or request of any such person or authority. It is expressly understood that if Seller’s supply is interrupted, Seller shall be obligated to seek alternative sources of supply to sell the Items to Buyer. If, as a result of force majeure, Seller at any time does not have available a sufficient amount of Goods to supply Buyer and any other customers to which Seller may have commitments to sell Goods, Seller shall be obligated to prorate the Items available to it for sale among its customers, including Buyer. In the event that either Party hereto is rendered unable, in whole or in part, to carry out its obligations under this Contract and/or Purchase Order due to a force majeure event, such Party shall give notice and details of the force majeure event in writing to the other Party within the following five (5) Business Days after its occurrence. In case of force majeure, the obligations of the Parties shall be suspended during the continuance of any inability so caused. If such suspension continues for a period of more than one hundred and twenty (120) Days, either Party shall have the right to terminate the corresponding Purchase Order in whole or in part, without incurring any liability whatsoever.
15.2 Buyer reserves the right to suspend and/or reinstate Services or the delivery of Goods covered by an Order in whole or in part. Any instructions for suspension or reinstatement shall be issued by Buyer to Seller in writing. The Delivery Time shall be extended for a period equal to the execution time lost by reasons of the suspension. Seller shall notify Buyer if any additional cos...