Miscellaneous General Provisions. The Loan Agreement will not be binding on Lender until accepted and executed by Lender at its executive office in South Norwalk, Connecticut. All options, powers and rights granted to Lender hereunder or under any promissory note, guaranty, letter of credit agreement, depository agreement, instrument, document or other writing delivered to Lender shall be cumulative and shall be in addition to any other options, powers or rights which Lender may now or hereafter have under any applicable law or otherwise. Time is of the essence in the payment and performance of all of Customer’s obligations under the Loan Agreement. The captions in the Loan Agreement are for convenience only and shall not define or limit any of the terms thereof. Any provisions of the Loan Agreement which are unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof, and any such unenforceability in any jurisdiction shall not render unenforceable such provisions in any other jurisdiction. To the extent permitted by applicable law, Customer hereby waives any provisions of law which render any provision of the Loan Agreement unenforceable in any respect. CUSTOMER ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS LOAN AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND EXCEPT AS OTHERWISE PROVIDED IN THE LOAN AGREEMENT CUSTOMER HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTICE AND JUDICIAL HEARING IN CONNECTION WITH LENDER’S TAKING POSSESSION OR LENDER’S DISPOSITION OF ANY OF THE COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PRIOR NOTICE AND HEARING FOR ANY PREJUDGMENT REMEDY OR REMEDIES AND ANY SUCH RIGHT WHICH CUSTOMER WOULD OTHERWISE HAVE UNDER THE CONSTITUTION OR ANY STATUTE OF THE UNITED STATES OR OF ANY STATE. THE LOAN AGREEMENT AND ANY OTHER WRITTEN AGREEMENT(S) BETWEEN THE PARTIES EXECUTED SIMULTANEOUSLY HEREWITH, REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER HEREOF, AND SUPERSEDE AND MAY NOT BE CONTRADICTED BY ANY PRIOR WRITTEN AGREEMENTS BETWEEN THE PARTIES, INCLUDING, WITHOUT LIMITATION, PROPOSALS, LETTERS, COMMITMENT LETTERS OR BY ANY PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. CUSTOMER ACKNOWLEDGES AND CERTIFIES original, but all of which together shall constitute but one and the same instrument. Each reference herein to “Lender” shall be deemed to include its successors and assigns...
Miscellaneous General Provisions. K1 In the event of any conflict, inconsistency, ambiguity or difference between: .1 the terms of the main body of this Agreement and the terms of any Schedule to this Agreement or Change Order, other than to the extent that the Change Order modifies the Consultant Services to be rendered and the Fee payable, the terms of the main body of this Agreement will govern and be paramount and any such provision in the Schedule or Change Order will be deemed to be amended to the extent necessary to eliminate any such conflict, inconsistency, ambiguity or difference. Notwithstanding the foregoing, if there is any right or remedy of the Client set out in this Agreement or any part hereof which is not set out or provided for in a Schedule or Change Order, such additional right or remedy will not constitute a conflict or inconsistency and the Client will be entitled to exercise such rights and enforce such remedies; .2 the terms of any Change Order and the terms of any Schedule to this Agreement, the terms of any Change Order to the extent it modifies the Consultant Services to be rendered and the Fee payable, will govern and be paramount; in all other events, the terms of the Schedules to this Agreement will govern and be paramount. .3 the terms of various Change Orders, the most current Change Order will govern and prevail, superseding older Change Orders; .4 the terms of various Schedules to this Agreement, the Client, acting reasonably, shall determine the order of precedence. K2 Neither the expiration nor the earlier termination of this Agreement will release either of the parties from any obligation or liability that accrued prior to the expiration or termination. The provisions of this Agreement requiring performance or fulfilment after the expiration or earlier termination of this Agreement, such other provisions as are necessary for the interpretation thereof, and any other provisions hereof, the nature and intent of which is to survive termination or expiration of this Agreement, will survive the expiration or earlier termination of this Agreement. K3 Any notice required to be given pursuant to this Agreement will be addressed in writing to the respective Client or Development Consultant at the addresses stated in Section A2 and Section A4 or such other address as may have been subsequently provided to the other party in writing and any notice so given will be deemed to have been received on the third day following mailing in a postage-paid cover mailed in a ...
Miscellaneous General Provisions. The Parties hereby acknowledge and agree that Sections 8.01, 8.03, 8.04, 8.05, 8.06, 8.07(a), 8.10. 8.11, 8.12, 8.13, 8.14, 8.16, 8.17 and 8.18 of the License Agreement, shall apply in full force and effect to this Agreement as if contained in the body of this Agreement itself.
Miscellaneous General Provisions. 23.00 Each party shall execute any instruments reasonably believed by the other party to be necessary to implement the provisions of this Agreement.
Miscellaneous General Provisions. Section 801. Liability of Parties Section 802. Assignment of Agreement Section 803. Termination or Amendment of Agreement ARTICLE IX SEVERABILITY Section 901. Severability Section 902. Counterparts INTERGOVERNMENTAL RESERVOIR AND WATER SUPPLY AND TREATMENT AGREEMENT BETWEEN AND AMONG XXXXXX COUNTY WATER AND SEWERAGE AUTHORITY, OCONEE COUNTY AND XXXXXX COUNTY This Intergovernmental Reservoir and Water Supply and Treatment Agreement (the “Agreement”), made and entered into as of June 1, 2007, between and among the Xxxxxx County Water and Sewerage Authority, a public body corporate and political and a public corporation of the State of Georgia (the “Authority”), Oconee County, a political subdivision of the State of Georgia (“Oconee”), and Xxxxxx County, a political subdivision of the State of Georgia (“Walton” and, together with Oconee and the Authority, the “Participants”).
Miscellaneous General Provisions. Sec. 20.01 -- Definition of Rent. Any amounts of money to be paid by Tenant to Landlord pursuant to the provisions of this Lease, whether or not such payments are denominated "rent" or "additional rent" and whether or not they are to be periodic or recurring, shall be deemed "rent" or "additional rent" for purposes of this Lease; and any failure to pay any of the same as provided in Section 17.01 hereof shall entitle Landlord to exercise all of the rights and remedies afforded hereby or by law for the collection and enforcement of Tenant's obligation to pay rent. Tenant's obligation to pay any such rent or additional rent pursuant to the provisions of this Lease shall survive the expiration or other termination of this Lease and the surrender of possession of the Premises after any hold over period.
Miscellaneous General Provisions. The Parties hereby acknowledge and agree that Sections 8.01, 8.03, 8.04, 8.05, 8.06, 8.07(a), 8.10. 8.11, 8.12, 8.13, 8.14, 8.16, 8.17 and 8.18 of the License Agreement, shall apply in full force and effect to this Agreement as if contained in the body of this Agreement itself. EXHIBIT A LICENSE AGREEMENT [[3632836]] EXECUTION VERSION SETTLEMENT AND LICENSE AGREEMENT among Biogen Swiss Manufacturing GmbH, Biogen International Holding Ltd., Forward Pharma A/S and Each of the Parties Listed on Appendix I Dated as of January 17, 2017 TABLE OF CONTENTS ARTICLE I Agreed Terms SECTION 1.01. Definitions 2 SECTION 1.02. Index of Defined Terms 10 ARTICLE II
Miscellaneous General Provisions. 54 SCHEDULE I Defined Terms SCHEDULE II Deductibles SCHEDULE OF EXHIBITS Version 10 MASTER LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is entered into and made effective as of the 12th day of September, 1997 (the "Effective Date"), by and between LCOR CLARKSBURG L.L.C., a Delaware limited liability company ("Landlord") and COMSAT Corporation, a District of Columbia corporation ("Tenant").
Miscellaneous General Provisions. (a) Customer agrees to pay on demand all reasonable costs and expenses of Lender (including reasonable attorneys’ fees and expenses of counsel (but excluding net income taxes, franchise taxes imposed in lieu of net income taxes) and branch profits taxes) hereafter incurred in connection with: (1) the preparation, negotiation, execution and delivery of this Master Security Agreement and related documents (which shall not exceed $25,000); and (2) performance, enforcement, amendment or modification of any Security Agreement, or any other or additional documentation or transactions concerning the Obligations, or the care, custody, administration, perfection or protection of any of the Collateral or any of Lender’s rights or interests therein, including, without limitation, any and all fees and charges for searches of lien records or other public records, and any filing, stamp and other similar taxes or fees payable or determined to be payable in connection with the execution, delivery, filing, and recording of any UCC Statements or other recorded instrument.
Miscellaneous General Provisions. 25 SCHEDULE OF EXHIBITS
