ISCELLANEOUS. 1. The parties confirm:
ISCELLANEOUS. 6.1 Except as specifically modified and amended hereby, all the provisions of the Master Agreement and the User Agreements entered into with respect thereto, and all exhibits and schedules thereto, shall remain unaltered and in full force and effect in anccceorwdiath their terms. From and after thAemendmentEffective Date hereof, any reference in the Master Agreement to itself and any Article, Section or subsections thereof or to any Exhibit thereto, or in any User Agreement to itself or to the Master Agreement and applicable to any time from and after theAmendmentEffective Date hereof, shall be deemed to be a reference to such agreement, Article, Section, subsection or Exhibit, as modified and amended bAy mtheisndmen.t From and after theAmendmentEffective Date,this Amendmentshall be a part of the Mtaesr Agreement, including its Exhibits, and, as such, shall be subject to the terms and conditions therein. Each of the respective Master Agreements with respect to separate Service Areas remains an independent agreement regarding the rights and obligastiofneach of the Parties thereto with respect to such Service Area, and neither thAismendmentnor any other instrument shall join or merge any Master Agreement with any other, except by the express written agreement of the Parties thereto.
ISCELLANEOUS. ▪ These Terms and Conditions, together with any Purchase Order, any attachments, exhibits, manuals, or supplements specifically referenced herein and/or therein, and any written, existing "Supplier Confidentiality Agreement" (a.k.a. "Supplier Agreement", "Supplier Security Agreement") or the like entered into between Buyer and Seller, constitutes the entire agreement between Seller and Buyer with respect to the matter it contains and supersedes all prior oral or written representations and agreements. ▪ Seller may not assign its rights or delegate its obligations, in whole or in part, under the Purchase Order without Buyer's prior written consent. The sale of a controlling interest in Seller’s outstanding voting securities, or a merger or combination involving Seller that changes the voting control of Seller or in which Seller is not the surviving corporation, shall be deemed an assignment of the Purchase Order requiring Buyer’s consent. ▪ Buyer’s sole liability to Seller under the Purchase Order (including its termination, expiration or cancellation) is to pay for the goods and services and to pay the specific termination related amounts described above. IN NO EVENT SHALL BUYER BE LIABLE TO SELLER FOR ANTICIPATED OR LOST PROFITS, INTEREST, PENALTIES OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES OR LIABILITIES IN CONNECTION WITH THIS ORDER, WHETHER FOR BREACH OF CONTRACT, TORT LIABILITY, LATE PAYMENT, PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, OR DEATH OR OTHERWISE unless Buyer’s liability is based on gross negligence or willful acts. ▪ All payments made under the Purchase Order shall be free of any taxes, duties, levies, fees or other charges, except for withholding taxes. Where any sum due to be paid is subject to any withholding taxes, the Parties are obliged to use commercially reasonable efforts to do all acts and to sign all documents that will enable them to take advantage of any applicable double taxation agreement or treaty. In the event that there is no applicable double taxation agreement or if an applicable double taxation agreement or treaty reduces, but does not eliminate withholding taxes, the paying Party is obliged to deduct withholding taxes from payment and pay the tax to the appropriate government authority, deduct the amount paid from the amount due to the receiving Party and secure and send the best available evidence of the payment to the receiving Party. ▪ The Purchase Order includes all related customs duty...
ISCELLANEOUS. A waiver by either party of any term or condition of this PO shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. Waivers of any rights or remedies under this PO may only be given, and shall only be effective when given, in writing. Any liability to either party may in whole or in part be released, compounded or compromised, or time or indulgence given, by that party in its absolute discretion without in any way prejudicing or affecting its other rights against the other party. This PO does not create or purport to create any rights or benefits in favour of any party other than Equinix and Seller. This PO and the transactions contemplated hereby shall be governed by, and construed and enforced in accordance with, the laws of the country or state where Equinix is incorporated or domiciled without regards to its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this PO or any purchase or sale made hereunder. The parties irrevocably submit to the exclusive jurisdiction of the courts of the county or state where Equinix is incorporated or domiciled. The invalidity or unenforceability of any term or condition of this PO shall in no way affect the validity or enforceability of the remaining terms and conditions, which shall remain in full force and effect. Seller shall not assign, transfer and/or subcontract any of its rights and obligations under this PO without Equinix’s prior written consent. Subject to the foregoing, Seller shall remain fully responsible and liable for any subcontractor engaged by Seller. Equinix shall be entitled to assign and/or transfer any or all of its rights and/or obligations under this PO to any third party.
ISCELLANEOUS. Modifying this Agreement: We may revise and update the terms of this Agreement from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted above. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently when browsing and each time you access the Services so you are aware of any changes, as they are binding on you.
ISCELLANEOUS. This document contains the entire agreement relating to its subject matter and supersedes any prior agreements or understandings, whether verbal or written. No modification of this agreement will be valid or enforceable unless it is in the form of a written document signed by FontFabrik. If FontFabrik waives a right, that does not mean it is waived for the future. If any part of this agreement is found void or unenforceable, it will not affect the valid- ity of the rest of the agreement. This agreement is governed by the laws of the Germany and any disputes or legal proceedings will be handled exclusively in Berlin — and by that we mean the Berlin that is the capital of Germany, not the one in Schleswig-Hol- xxxxx and definitely not the ones in Canada, Russia, South Africa, El Salvador, Antarctica, California, Connecticut, Georgia, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, New York, New Jersey, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Vermont, West Virginia, or Wisconsin. Desktop License You can install the fonts on computers, as long as the computers are within one company. You can also install the fonts on an intranet server as long as all users are employees who work directly for you. You can embed the fonts into documents, including documents that will be distributed commercially. The embedding bits in our fonts allow print and preview. If you need editable embedding turned on (to enable users who do not have the fonts installed to edit documents with embedded fonts), then please contact xxxxx@xxxxxxxxxx.xxx. Web License You can use the fonts on websites with CSS @font- face. You are not allowed to use conversion tools on the fonts; you can only use WOFF and WOFF2 files that were provided to you by FontFabrik. The use of other formats such as TTF and OTF is not allowed on the web. App License You can embed the fonts into apps. Epub License You can embed the fonts into eBooks and commercially distribute them.
ISCELLANEOUS. The headings and subheadings are inserted for convenience only and shall not affect the construction of this Agreement.
ISCELLANEOUS. 16.1 Neither the failure nor any delay on the part of any party to exercise any right under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise of the same or of any other right nor shall any waiver of any right with respect to any occurrence be construed as a waiver of such right with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.
ISCELLANEOUS. A. This Agreement shall bind and inure to the benefit of the Parfies and their respecfive successors and permited assigns; except that Recipient may not assign or otherwise transfer this Agreement, by operation of law or otherwise, (including by merger, reorganization, consolidation, change of control, or sale of all or substantially all of Recipient’s assets to which this Agreement pertains), without written consent of Discloser.
ISCELLANEOUS
