Miscellaneous Legal Provisions Sample Clauses
The "Miscellaneous Legal Provisions" clause serves as a catch-all section that addresses various legal terms and conditions not covered elsewhere in the agreement. This clause typically includes provisions on topics such as governing law, dispute resolution, assignment rights, amendment procedures, and severability. By consolidating these essential but diverse legal points, the clause ensures that the contract is comprehensive and addresses potential legal issues, thereby reducing ambiguity and minimizing the risk of future disputes.
Miscellaneous Legal Provisions. Company may discontinue the Sites at any time and for any reason, without notice. To the extent permitted by applicable law, Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal data, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal data we have collected from you may be one of the assets transferred to such entities, located inside or outside the European Union. In any case, we shall remain compliant with our Privacy Policy. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, e...
Miscellaneous Legal Provisions a. This Agreement is the result of negotiations by and between the Parties who have retained and had the ability to retain and consult with attorneys of their own choosing and the terms of this Agreement, including any ambiguity in this Agreement, shall be construed neutrally and not for or against any Party hereto.
b. This Agreement shall be governed according to the laws of the State of Arizona.
c. The Parties hereto expressly covenant and agree that in the event of a dispute arising from this Agreement, each of the Parties hereto waives any right to a trial by jury. In the event of litigation, the Parties hereby agree to submit to a trial before the Court. The Consultant further agrees that this provision shall be contained in all subcontracts related to the project, which is the subject of this Agreement.
d. If there is any legal action or proceeding between CYMPO and the Consultant arising from or based upon this Agreement, the unsuccessful Party to such action or proceeding shall pay to the prevailing Party costs and expenses, including reasonable attorneys’ fees incurred by such prevailing Party. The award of attorneys’ fee shall be made by the Court without a jury.
e. This Agreement represents an entire and integrated Agreement between CYMPO and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. Except as required or allowed by this Agreement, this Agreement may be amended only by written instrument signed by both CYMPO and the Consultant. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision herein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary.
f. In the event any provision of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties.
g. None of the provisions of this Agreement shall be held to be waived or modified by reason of any act or reliance whatsoever. No waiver of any term of this Agreement or right hereunder shall be effective unless the waive is in a writing which is clear, unambiguous and executed by the Party sought to be charged. The failure to enforce a term or provision of this Agreement shall not be a waiver. One or more waivers by either Party of any term, condition or covenant shall not, unless clearly stated, be a cont...
Miscellaneous Legal Provisions. 19.1 This is the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof.
19.2 No party may rely on any representation which allegedly induced that party to enter into this agreement, unless the representation is recorded herein.
19.3 No agreement varying, adding to, deleting from or cancelling this agreement (including this clause) and no waiver of any right under this agreement shall be effective unless in writing and signed by or on behalf of the parties.
19.4 No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.
19.5 This agreement shall be governed by and construed according to the law of South Africa.
19.6 This agreement may be signed by parties in any number of counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same agreement.
19.7 Since the provisions of this agreement have been settled by negotiation and each party has been free to secure independent legal advice, the rule of construction that clauses must be interpreted against the party principally responsible for drafting does not apply.
19.8 Whenever specific words of a particular class are used in conjunction with general words then the specific words shall not limit the scope of the general words. If any provision is followed by the word "including" and specific examples, such examples must not be construed so as to limit the general ambit of the provision concerned.
19.9 Each party consents to the jurisdiction of the Magistrates' Court of South Africa in respect of any action which may be instituted against such party arising out of this agreement. This clause does not prevent either party from instituting action in a High Court having jurisdiction.
19.10 The expiration or termination of this agreement does not affect such of its provisions which of necessity must continue to apply after such expiration or termination.
19.11 Headings of clauses are inserted for the purpose of convenience only and must be ignored in the interpretation of this agreement.
19.12 Unless inconsistent with the context, words signifying any one gender will include the others, words signifying the singular will include the plural and vice versa and wor...
Miscellaneous Legal Provisions. A. I agree that, should any provision or aspect of this Release be found to be unenforceable, that all remaining provisions of the Release will remain in full force and effect.
B. I represent that my agreement to the provisions herein is wholly voluntary, and further understand that, prior to signing this Release, I have the right to consult with the adviser, counselor, or attorney of my choice.
C. This Release represents my complete understanding with the College and the University concerning their responsibility and liability for my participation in the Program. It supersedes any previous or contemporaneous understandings I may have had with the College or the University on this subject, whether written or oral, and cannot be changed or amended in any way without my written concurrence.
D. I represent that I am at least eighteen years of age or, if not, that I have secured on the following page, the signature of my parent or guardian as well as my own. STATE OF ) COUNTY OF ) On this day of , 200 , before me personally appeared Notary Stamp Notary Public I, : print full name
(a) am the parent or legal guardian of the Applicant;
(b) have read the foregoing Waiver and Release Agreement (including such parts as may subject me to personal financial responsibility);
(c) am and will be legally responsible for the obligations and acts of the Applicant as described in this Release; and
(d) agree, for myself and for the Applicant, to be bound by its terms.
Miscellaneous Legal Provisions. The miscellaneous legal provisions in Section 6 of the MSC are incorporated by reference herein as if set forth in full, except to the extent such Section 6 is superseded by Utitity's Tariff Rule 4.
Miscellaneous Legal Provisions. 19.1 This is the whole agreement between the parties containing all the provisions agreed on by the parties, with regards to the subject matter of it.
19.2 No agreement varying, adding to, deleting from or cancelling this Agreement (including this clause) and no waiver of any right under this Agreement (except as specifically provided for in clause 14.4) shall be effective unless in writing and signed by or on behalf of the parties.
19.3 This Agreement shall be governed by and construed according to the law of South Africa.
Miscellaneous Legal Provisions i. All terms and conditions of the Agreement not specifically modified by this Amendment shall remain in full force and effect.
Miscellaneous Legal Provisions. (a) It is not the intent of ▇▇▇▇▇▇▇ River and Customer to form any partnership or joint venture, and nothing contained herein shall be construed to empower either party to act as agent for the other, The parties agree that each of them shall, in relation to its obligations hereunder, be acting as an independent contractor.
(b) No party may assign this Agreement in whole or in part without the prior written consent of the other parties; except that ▇▇▇▇▇▇▇ River may assign this Agreement without Customer's consent to (i) a non-profit organization for any reason and at any time, and (ii) after December 31, 1995 to a for-profit organization for any reason; provided, however, that in the case of any assignment without Customer's prior consent ▇▇▇▇▇▇▇ River shall guarantee to Customer that the Colony will be managed by the assignee substantially in accordance with all mandatory AAALAC standards applicable to such a primate operation. In the event of any assignment to a for-profit by ▇▇▇▇▇▇▇ River resulting in the sale of the Colony, Customer shall have the right to match the terms of said sale upon thirty (30) days written notice, Once assigned, all of the provisions of this Agreement and all the rights and obligations of the parties hereunder shall be binding upon and inure to the benefit of and be enforceable by the successors and assigns of the respective parties.
(c) Each party shall hold in confidence information concerning this Agreement and the terms hereof and shall not make any public statements or announcements about it, nor issue news releases relating to the existence or implementation hereof. If either party receives requests for information about this Agreement from outside organizations, each party will notify the other party and in cooperation both parties will formulate a strategy and response.
(d) Neither ▇▇▇▇▇▇▇ River nor Customer shall be liable to the other in damages for, nor shall this Agreement be terminable or cancellable by reason of, any delay or default in such party's performance hereunder if such default or delay is caused by events beyond such party's reasonable control including, but not limited to, acts of God, regulation or law or other action of any government or agency thereof, war, insurrection, civil commotion, destruction of facilities or materials by earthquake, fire, flood or storm, labor disturbances, loss of breeding colony due to disease or failure of suppliers, public utilities or common carriers or any actual or de ...
Miscellaneous Legal Provisions a. Neither Flat Stomach Tea nor I shall be liable for any incidental or consequential damages caused by breach, termination or suspension of this Agreement, whether or not the possibility of such damages is known by either Party, and no punitive or exemplary damages shall be awarded against either of us in any dispute against the other except as explicitly required by South African statute.
b. This Agreement (including documents incorporated herein, in their then published form) constitutes the entire Agreement between Flat Stomach Tea and me.
c. If any one or more of the provisions contained here in shall for any reason be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provisions shall be ineffective, but shall not in any way invalidate or otherwise affect any other provision.
d. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs and permitted successors in interest.
Miscellaneous Legal Provisions. 3.1 This is the whole agreement between the parties containing all of the express provisions agreed on by the parties with regard to the subject matter hereof.
3.2 No party may rely on any representation, which allegedly induced that party to enter into this AGREEMENT, unless the representation is recorded herein.
3.3 No agreement varying, adding to, deleting from or cancelling this agreement and no waiver of any right under this AGREEMENT shall be effective unless in writing and signed by or on behalf of the parties.
3.4 No relaxation by a party of any of its rights in terms of this AGREEMENT at any time shall prejudice or be a waiver of its rights (unless it is a signed written waiver) and it shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.
3.5 This AGREEMENT shall be governed by and construed according to the law of South Africa.
3.6 This AGREEMENT may be signed by the parties in any number of counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same AGREEMENT.
3.7 If any provision of this AGREEMENT is, or becomes, invalid or unenforceable, it shall be severable from the rest of the AGREEMENT, which shall continue to be binding on the parties. For the purposes of this AGREEMENT:
3.7.1 day" means a calendar day;
3.7.2 business day" means any day other than a Saturday, Sunday or South African Public Holiday;