FINAL PROVISIONS. Clause 16
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses. In these cases, it shall inform the competent supervisory authority and the controller of such non- compliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal d...
FINAL PROVISIONS. 19.1. The acceptance of the insurance shall be
15.1.2.1. Para prazos não previstos na tabela constante do subitem 15.1.2., deverá ser utilizado percentual correspondente ao prazo imediatamente inferior. 16. Controvérsias: 16.1. As controvérsias surgidas na aplicação destas Condições Contratuais poderão ser resolvidas: I - por arbitragem; ou
FINAL PROVISIONS. No failure by the BNDES to immediately exercise any right or remedy under these Provisions and the Agreement or waiver of default of any obligations shall not operate as a novation or waiver of such right or remedy, which may be exercised at any time.
FINAL PROVISIONS. This document is effective from the date of its publication and may be changed at any time and at any discretion. This Policy comes into effect on the date it is published, whereby any other provisions stating otherwise are revoked. The addressees of this Policy are aware that failure to comply with it and failure to comply with the applicable laws and other BRF policies, such as the BRF Transparency Manual, may be subject to internal disciplinary procedures, according to the Consequence Policy, without prejudice of any legal measures applicable. Any other cases not covered by this Policy must be reported and resolved by the Compliance Division and/or the BRF Transparency Committee, as appropriate. Also, seeking to maintain the Company’s ethical standards and monitor commercial relations with Third Parties, and to help preventing and detecting all forms of Corruption, BRF supports and encourages People to report any practices that may represent a violation or potential violation of this Policy, the Integrity System, or that are at odds with the national and foreign laws applicable. Reports must be filed in the Transparency Channel provided by BRF in the domains below. • xxxxxxxxxx.xxx.xxx Reports can be filed by telephone, website or e-mail. In countries where the laws allow it, anonymous reports can also be filed. When making a report, as many details as possible should be provided to assist in the investigation. BRF does not accept any form of retaliation against anyone who has reported a concern with good faith and responsibility, even if their complaint proves to be unfounded, as set forth in the Corporate Policy of Reports and Non-Retaliation. BRF, through the Compliance Division, undertakes to conduct a fair, unbiased, independent, careful and responsible investigation of any complaints received, and to take all disciplinary and/or legal measures applicable, when necessary.
FINAL PROVISIONS. (1) Any contradicting terms or terms deviating from these GTC for Taxi Carriers will not be accepted, unless FREE NOW expressly approves their applicability in writing. Should any provision of these GTC for Taxi Carriers be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. Instead of the invalid provision or to fill a gap, a provision shall apply that comes closest to the economic purpose of these GTC.
(2) Except for amendments with express consent of the Taxi Carrier, FREE NOW reserves the right to amend these GTC insofar as this is required and in any manner reasonable for the Taxi Carrier • to eliminate subsequent disruptions in the equivalence of essential contractual obligations, • to adjust to changed statutory or technical framework conditions, or • where this is otherwise acceptable for the Taxi Carrier, especially in the case of changes not associated with any legal disadvantage to the Taxi Carrier. FREE NOW will inform the Taxi Carrier of any amendment at the last known e-mail address of the Taxi Carrier or through the Driver App, if the Taxi Carrier has an Driver App account with FREE NOW. The amendment will become part of the contract if the Taxi Carrier does not raise an objection in written or text form (email, facsimile etc.) within two (2) weeks of receipt of such communication from FREE NOW.
(3) The Taxi Carrier may not assign all or part of its contractual position without the prior written consent of FREE NOW. FREE NOW may, at any time, assign its contractual position, as well as transfer any rights or obligations undertaken under this Framework Intermediation Agreement to any affiliate company, subject only to notice to the Taxi Carrier which hereby gives its consent to such assignment.
(4) The contractual partner undertakes not to enter into any transactions or to abstain from transactions that could lead to criminal liability due to fraud, breach of trust, insolvency offences, offences against competition, passive corruption, accepting an advantage, bribery, receiving bribes or similar offences by staff of the contractual partner or other third parties. In case of any violations of the above nature, FREE NOW shall be entitled to rescind from or terminate all legal transactions existing with the contractual partner without notice and to discontinue all transactions. Without prejudice to the above, the contractual partner is obligated to comply with all laws and regula...
FINAL PROVISIONS. 11.1 No supplementary agreements have been made.
11.2 In order to avoid misunderstandings, any changes of and amendments to agreements must be made in writing in order to be effective. This shall also apply to any agreed waiver of the written form requirement. 11.3 Should one or several provisions of these General Sales Conditions or the agreements amended with the help thereof be invalid in whole or in part, this shall not affect the validity of the remaining provisions. OMICRON and the customer shall replace the provision that is invalid or needs to be amended or interpreted by a new provision that comes as close as possible to the intended economic purpose of the original provision. 11.4 All relationships between OMICRON and the customer shall be exclusively governed by Brazilian law. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
FINAL PROVISIONS. 20.1. Os INSTRUMENTOS CONTRATUAIS constituem o acordo integral das Partes com relação ao seu objeto, prevalecendo sobre qualquer negociação, acordo, arranjo ou entendimento anteriormente estabelecidos sobre o assunto entre as Partes.
20.1. The CONTRACTUAL INSTRUMENTS constitute the entire agreement of the parties regarding its subject matter and supersedes any arrangement, agreement, deal or understanding previously established on the matter between the Parties.
20.2. Essas CONDIÇÕES GERAIS DE COMPRAS somente poderão ser alteradas ou aditadas por meio de instrumento escrito assinado por todas as Partes.
FINAL PROVISIONS. 24.1 – Participation in this bid implies in the agreement of the bidders with all the terms and conditions
24.2 – Important definitions:
a) EMGEPRON = BUYER; and
FINAL PROVISIONS. (1) This Agreement is an integral part of the Main Contract and is effectively concluded upon the conclusion of the Main Contract. Regarding the term and termination of this Agreement, the provisions of the Main Con- tract apply. Should there be any inconsistencies with regard to data protection provisions between this Agreement and other agreements between the Parties, in particular the Main Contract, the provisions of this Agreement will prevail.
(2) Should any provision of this Agreement be or become invalid or contain loopholes, this will not affect the validity of the remaining provisions. The Parties shall undertake to replace the invalid provision with an- other, valid provision that comes as close as possible to the purpose of the invalid provision and meets the economic requirements as well as the requirements of data protection law.
(3) German law applies.
Appendix I Description of the cooperation
FINAL PROVISIONS. (1) Any contradicting terms or terms deviating from these GTC will not be accepted, unless FREE NOW expressly approves their applicability. Should any provision of these GTC be invalid or unenforceable or should they contain a gap, this shall not affect the validity of the remaining provisions. Instead of the invalid provision or for the fulfillment of the gap, a provision shall apply that comes closest to the economic purpose of these GTC.
(2) The exclusive venue for any and all legal disputes arising out of or in connection with this agreement for all parties involved shall be FREE NOW's registered seat, unless otherwise provided for by mandatory law.
(3) The contractual relationship shall be governed by Portuguese law, with the exclusion of the UN sales convention.
(4) Decree-Law nr. 7/2004, of 7 January, on the services for the information society and e-commerce applies to the relationship between Users and FREE NOW.
(5) Except for amendments with express consent of the User, FREE NOW reserves the right to amend these GTC insofar as this is required and in any manner reasonable for the User • to eliminate subsequent disruptions in the equivalence of essential contractual obligations, • to adjust to changed statutory or technical framework conditions, or • where this is otherwise acceptable for the User, especially in the case of changes not associated with any legal disadvantage to the User. FREE NOW will inform the User of any amendment at the last known e-mail address of the User or through the Driver App. The amendment will become part of the contract if the User does not cancel his contract under these GTC or raise an objection in written or text form (email, facsimile etc.) within two (2) weeks of receipt of such communication from FREE NOW.
(6) The Portuguese version of this contract is legally binding. The English version is a non-binding translation of the Portuguese text.
(7) In case of any issues, questions or problems, please contact FREE NOW through the Driver Service. The contact details will be available through the Driver App or on the website.