No Other Terms There are no provisions, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties.
Use by Others Forest Service shall have the right to use any road constructed by Purchaser under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Purchaser hereunder when Contracting Officer determines that such use will not materially interfere with Purchaser’s Operations. Third party use shall be contin- gent upon Contracting Officer determining, and third party agreeing to pay, a fair share of maintenance cost com- mensurate with such commercial use. Unless otherwise provided in C5.4, Forest Service shall authorize other uses of roads constructed by Pur- chaser hereunder only if:
Other Terms and Conditions You also agree to be bound by any other specific terms and conditions governing such recurring/instalment payment scheme. In the event of conflict, such specific terms and conditions are to prevail over the provisions of this clause but only to the extent necessary to give full effect to those terms and conditions.
Other Terms All accounting terms used but not specifically defined herein shall be construed in accordance with GAAP. All terms used in Article 9 of the UCC in the State of New York, and used but not specifically defined herein, are used herein as defined in such Article 9.
All Terms to be Conditions The Company agrees that the conditions contained in this Agreement will be complied with insofar as the same relate to acts to be performed or caused to be performed by the Company. Any breach or failure to comply with any of the conditions set out in this Agreement shall entitle any of the Underwriters to terminate their obligation to purchase the Offered Shares, by written notice to that effect given to the Company at or prior to the Closing Time or the Option Closing Time, as applicable. It is understood that the Underwriters may waive, in whole or in part, or extend the time for compliance with, any of such terms and conditions without prejudice to the rights of the Underwriters in respect of any such terms and conditions or any other or subsequent breach or non-compliance, provided that to be binding on any Underwriter any such waiver or extension must be in writing and signed by such Underwriter.
FURTHER TERMS For a period of three years following the date hereof, Buyer shall not contact Seller's employees, customers, landlords, or suppliers, or otherwise observe or monitor the Business, without Seller's consent; nor shall Buyer directly or indirectly solicit for employment any employees of Seller. Seller and Xxxxxx's successors, and Broker if applicable, are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both Xxxxx and Seller. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. This Agreement shall be construed under and governed by the laws of the State of the State of California. The venue for any action instituted to enforce any terms of the Agreement shall be in the County and State where Seller’s principal placed of business located. Buyer acknowledges that it would be extremely difficult to measure the amount of damages to Seller and/or Broker arising from a breach or threatened breach of any provision of this Agreement, and that money damages would be an inadequate remedy. Seller and/or Broker shall be entitled to temporary and permanent injunctive relief to restrain the Buyer from any such breach or threatened breach. This Agreement may be signed in counterparts and faxed or emailed, and electronic signatures may be considered as originals. If Buyer is a corporation, limited liability company, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and represents and warrants that he or she is duly authorized to do so. In the event of any litigation to enforce this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorneys' fees and court costs, in addition to such other relief as may be awarded. Buyer acknowledges retention of a fully completed copy of this Agreement. If the Owner (Seller) of any respective Business is selling such Business on their own through the EVERGREENGOLD® BizFSBO™ Business for Sale by Owner Advertising Service of Xxxxxxx X. Xxxxx then they are doing so without an agent or broker andarenot represented by an agent, broker, or intermediary, and no agent, broker, or intermediaryis involved on behalf of Buyer, Seller, or any other party. Our agreements with Sellers require that we obtain evidence of financial ability before disclosing the name and location of the business. Please fill out below. If there is some information you cannot disclose, please advise. Your information will be held in strict confidence by Xxxxxx and Seller. Are you currently employed? Yes No | Present Occupation/Business: Current Income/Year: $ Own a business in the past? Yes No | Own a business currently? Yes No | What type?: Previous Occupation(s)/Business(es): Funds for down payment: $ Source(s) of funds: Savings 401K Other Retirement Funds Home Equity Loan Other Your Approximate Net Worth: $ [ASSETS (home, real estate, savings, stocks, etc.) MINUS DEBTS (mortgage, credit cards, car loans, etc.)] ACQUISITION TARGET: Targeted price range $ _ "Owner Benefit" or “Cash Flow” you prefer: $ BUYER: Signature: Date: Individual Name (Printed): _ Title (if applicable): Name of Buying Entity (“Inc.,” “Corp.,” ”LLC,” if any): Email Address: Phone: ( ) - Mailing Address:
FULL TERMS AND CONDITIONS Bidders must do all of their due diligence (home inspections, lead inspections, appraisals, etc.) prior to bidding. The Sales Contract does not contain any contingencies for these matters. This property is sold AS IS, WHERE IS, and is not subject to any financing. DEPOSIT: $_5,000 per property. All deposits must be cash or cashier’s check. SAMPLE
Other Terms Unchanged The Note, as amended by this Amendment, remains and continues in full force and effect, constitutes legal, valid, and binding obligations of each of the parties, and is in all respects agreed to, ratified, and confirmed. Any reference to the Note after the date of this Amendment is deemed to be a reference to the Note as amended by this Amendment. If there is a conflict between the terms of this Amendment and the Note, the terms of this Amendment shall control. No forbearance or waiver may be implied by this Amendment. Except as expressly set forth herein, the execution, delivery, and performance of this Amendment shall not operate as a waiver of, or as an amendment to, any right, power, or remedy of Lender under the Note, as in effect prior to the date hereof. For the avoidance of doubt, this Amendment shall be subject to the governing law, venue, and Arbitration Provisions, as set forth in the Note.
CHARACTERISTICS OF THE ACADEMY 10) The characteristics of the Academy set down in Section 1(6) of the Academies Act 2010, are that:
No Other Waiver Except as set forth in Paragraph 8 hereof, the execution of this Amendment and acceptance of any documents related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreement or breach, default or event of default under any Security Document or other document held by the Lender, whether or not known to the Lender and whether or not existing on the date of this Amendment.