MISCELLANEOUS Cláusulas de Ejemplo

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 ▇▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇ 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 Mexico. 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 Mexico, 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 Mexico, 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 ordinary court...

MISCELLANEOUS. 18.1 Tecosa shall not be obliged to fulfill this Contract if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 18.2 If any provision of this Contract is prohibited or declared invalid or unenforceable by any court or tribunal of competent jurisdiction, this shall not affect the validity or enforceability of any other provision. The parties shall use their reasonable efforts to substitute such provision by a legal, valid or enforceable one with the same or a similar result. 18.3 Any amendments, changes or additions to this Contract must be made in writing in the form of a written agreement signed by authorised representatives of both parties. 18.4 No delay or omission by either party in exercising any right, power or remedy provided by law or under this Contract shall affect, impair or operate as a waiver of such right, power or remedy. 18.5 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 18.6 This Contract is drawn up in the English language. If this Contract is translated into another language, the English language text shall in any event prevail. 18.7 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. Tecosa’ portfolio only forms one element of such a concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, Tecosa’ guidance on appropriate security measures should be taken into account. For additional information, please contact...

MISCELLANEOUS. This Agreement shall be governed by the laws of the State of Colorado. ▇▇▇▇▇▇ 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. 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. 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. A. Relationship of the Parties. This Agreement will not be construed as creating any agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. Except as otherwise expressly provided in this Agreement, this Agreement is not for the benefit of any third parties. B. Waiver; Assignment. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing and signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by You in whole or in part. Any assignment shall be null and void.

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. 10.1. The User may not assign the rights and obligations set forth in the Terms and Conditions. The User hereby authorizes doinGlobal to assign all or part of the rights and obligations set forth in the Terms and Conditions to any of its related or affiliated companies. doinGlobal may transfer the User's information in the event of a sale or merger or an acquisition of doinGlobal's principal assets or any other kind of transfer of doinGlobal to another entity. 10.2. doinGlobal reserves the right to modify, at any time and at its sole discretion, the Terms and Conditions (including, without limitation, in their scope or content; temporal and/or geographical validity; nature and form of participation; etc.), in which case the new versions of the Terms and Conditions will be notified to the User at the email address provided at registration and posted on the Site, no less than 20 days prior to their effective date. The User accepts the modifications by continuing to use the Site, the Platforms and the Course. 10.3. The fact that any term or provision of the Terms and Conditions is held to be invalid, void or unenforceable by a court of competent jurisdiction in any jurisdiction shall not affect the validity or enforceability of the Terms and Conditions or the validity or enforceability of the objectionable term or provision in any other situation or in any other jurisdiction. If a final judgment of a court of competent jurisdiction finds any term or provision of the Terms and Conditions to be invalid, void or unenforceable, the Parties shall negotiate in good faith to modify the Terms and Conditions to maintain as nearly as possible the spirit of such invalid or unenforceable term or provision. 10.4. The User may contact doinGlobal at the following email address ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ in case of any questions about the Terms and Conditions or their application. 10.5. For the purposes of the Terms and Conditions, doinGlobal has a special address at ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇, 2nd fl, Córdoba, Argentina and the User has a special address at the address provided in the Course registration. 10.6. The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Argentina. 10.7. Any dispute arising between the parties in relation to the Terms and Conditions, their existence, validity, qualification, interpretation, scope, performance or resolution, shall be finally resolved by the Ordinary National Courts located in the Autonomo...

MISCELLANEOUS. Notificaciones Todas las notificaciones y otras comunicaciones en virtud de este CGA deberán constar por escrito y se consideran debidamente entregadas,(a) si se entregan personalmente o a través de un servicio de courier con entrega al día siguiente reconocido a nivel nacional (costos prepagados), (b) enviadas por correo electrónico con confirmación de transmisión del equipo transmisor (o en el primer Día Hábil siguiente a dicha transmisión si la fecha de transmisión no es un Día Hábil), o (c) recibidas o rechazadas por el destinatario, si se envían por correo certificado o registrado, solicitando acuse de recibo; en cada caso a las siguientes direcciones, correos electrónicos o números de facsímil y dirigidas a la atención de la persona (por nombre o cargo) designada a continuación (o a la otra dirección, correo electrónico, número de facsímil o persona que una Parte pueda designar mediante notificación a las otras Partes): 22.1 Notices All notices and other communications pursuant to this GAA shall be recorded in writing and are deemed duly delivered (a) if delivered in person or through a courier service of national recognition with delivery on the next day (prepaid costs), (b) sent by email with transmission confirmation by the transmission equipment (or in the first Business Day following such transmission if the transmission date is not a Business Day), or (c) received or rejected by the recipient if sent by certified or registered mail, requesting receipt acknowledgement; in each case, to the following addresses, email addresses or facsimile numbers and addressed to the attention of the person (by name or position) designated below (or the other address, email, facsimile number or person that a Party may designate through notification to the other Parties): Al Vendedor: Atención: [●] Dirección: [●] Email: [●] To the Seller: Attention: [●] Address: [●] Email: [●] Al Comprador: Atención: [●] Dirección: [●] Email: [●] To the Buyer: Attention: [●] Address: [●] Email: [●]