Diviability Clause Samples

Diviability. If a particular term of this Agreement is unenforceable, the inevitability of that term shall not affect any other term of this Agreement. Headers. The headings and headings are for convenience only and do not affect the interpretation of this Agreement. I don’t quit. Our inability to enforce or exercise any part of this Agreement is not a waiver of that section. Warning. Aerokube may deliver any notice to the customer via email to an email address provided by the customer, certified mail, personal delivery or recognized express courier (such as DHL, FEDEX or UPS). Any notification of this type will be considered effective: the day the Customer Notice is sent by email. After the personal surrender. One (1) day after the deposit with an express courier or five (5) days after the deposit by mail, whichever comes first. The law that governs. This agreement shall be governed by the laws of Estonia, without reference to the principles of conflict of laws. You agree that only one dispute may be brought in connection with this Agreement, and will be subject to the jurisdiction of, any competent court of Estonia. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Exceptions or modifications. For exceptions or modifications to this Agreement, please contact Aerokube at: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ In the event that the terms of this Agreement conflict with the terms of any agreement negotiated and agreed upon individually between Aerokube and Customer, the terms of this Agreement shall prevail. Force majeure. Except with respect to the customer’s payment obligations, neither party will be liable to the for delay or failure to perform any obligation under this Agreement (with the exception of non-payment) if the delay or failure is due to unforeseen events whichAfter the signing of this Agreement and beyond the reasonable control of that party ("Force Majeure Event"), such as a strike, blockade, war, act of terrorism, riots, natural disasters, failure or decrease of energy or telecommunications networks or services or data, or denial of a license by a government agency. In the event of a Force Majeure Event that prevents a party from substantially fulfilling its obligations under this document for a period of ten (10) days or more, any party may terminate this Agreement within five (5) days of written notification. Grant of Rights The Product includes code and libraries licensed for third ...
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Related to Diviability

  • Profitability The Board reviewed detailed information regarding revenues received by ▇▇▇▇ under the Agreement. The Board considered the estimated costs to ▇▇▇▇, and pre-tax profits realized by ▇▇▇▇, from advising the DWS Funds, as well as estimates of the pre-tax profits attributable to managing the Fund in particular. The Board also received information regarding the estimated enterprise-wide profitability of DIMA and its affiliates with respect to all fund services in totality and by fund. The Board and the Fee Consultant reviewed ▇▇▇▇’s methodology in allocating its costs to the management of the Fund. Based on the information provided, the Board concluded that the pre-tax profits realized by ▇▇▇▇ in connection with the management of the Fund were not unreasonable. The Board also reviewed certain publicly available information regarding the profitability of certain similar investment management firms. The Board noted that, while information regarding the profitability of such firms is limited (and in some cases is not necessarily prepared on a comparable basis), DIMA and its affiliates’ overall profitability with respect to the DWS Funds (after taking into account distribution and other services provided to the funds by ▇▇▇▇ and its affiliates) was lower than the overall profitability levels of most comparable firms for which such data was available. Economies of Scale. The Board considered whether there are economies of scale with respect to the management of the Fund and whether the Fund benefits from any economies of scale. The Board noted that the Fund’s investment management fee schedule includes fee breakpoints. The Board concluded that the Fund’s fee schedule represents an appropriate sharing between the Fund and DIMA of such economies of scale as may exist in the management of the Fund at current asset levels.

  • Dependability a) Requires constant supervision to perform daily routine correctly b) Occasionally misses necessary task c) Rarely misses necessary task and is reliable d) Outstanding reliability and job is always completed correctly

  • Employability Executive acknowledges (i) that Executive has sufficient abilities and talents to be able to obtain, upon the termination of Executive’s employment, comparable employment from another business while fully honoring and complying with the above covenants concerning confidential information and contacts with the Company’s or any of its Affiliates’ customers or employees, and (ii) the importance to the Company and its Affiliates of the above covenants. Accordingly, for a period of one (1) year following the termination of Executive’s employment with the Company and upon the Company’s reasonable request of Executive, Executive shall advise the Company of the identity of Executive’s new employer and shall provide a general description, in reasonable detail, of Executive’s new duties and responsibilities sufficient to inform the Company of its need to request a court order to enforce the above covenants.

  • Divisibility The provisions of this Agreement are divisible. If any such provision shall be deemed invalid or unenforceable, it shall not affect the applicability or validity of any other provision of this Agreement, and if any such provision shall be deemed invalid or unenforceable as to any periods of time, territory or business activities, such provision shall be deemed limited to the extent necessary to render it valid and enforceable.

  • Population The Population shall be defined as all Paid Claims during the 12-month period covered by the Claims Review.