MISCELLANEOUS PROVISIONS. This Note shall be binding on the successors and assigns of the Company and inure to the benefit of the Holder, its successors, endorsees and assigns. Wherever possible, each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. This Note may be changed only by an agreement in writing signed by the Company and the Holder.
MISCELLANEOUS PROVISIONS 33.01 (a) The words re-enter, or re-entry, as used in this Lease, are not restricted to their technical legal meaning. The term Landlord, as used in this Lease, means only the Landlord from time to time, and upon conveying or transferring its interest, Landlord shall be relieved from any further obligation or liability pursuant to Section 27. (b) Time is of the essence of this Lease and of each and all of its provisions. (c) Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or an option for lease, and it is not effective as a lease or otherwise until execution by both Landlord and Tenant. (d) The invalidity or unenforceability of any provision in this Lease shall not affect or impair any other provisions. (e) This Lease shall be governed by and construed pursuant to the laws of the State of Colorado. (f) Should any mortgagee or beneficiary under a deed of trust require a modification of this Lease, which modification will not bring about any increased cost or expense to Tenant or will not in any other way substantially change the rights and obligations of Tenant hereunder, then and in such event, Tenant agrees that this Lease may be so modified. (g) All rights and remedies of Landlord under this Lease, or those which may be provided by law, may be exercised by Landlord in its own name individually, or in its name by its agent, and all legal proceedings for the enforcement of any rights or remedies, including distress for rent, unlawful detainer, and any other legal or equitable proceedings, may be commenced and prosecuted to final judgment and be executed by Landlord in its own name individually or in its name by its agent. Landlord and Tenant each represent to the other that each has full power and authority to execute this Lease and to make and perform the agreements herein contained, and Tenant expressly stipulates that any rights or remedies available to Landlord, either by the provisions of this Lease or otherwise, may be enforced by Landlord in its own name individually or in its name by its agent or principal. (h) The marginal headings and titles to the paragraphs of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof.
MISCELLANEOUS PROVISIONS 13.1 Termination or Amendment. The Committee may terminate or amend this Agreement at any time; provided, however, that no such termination or amendment may adversely affect the Participants rights under this Agreement without the consent of the Participant unless such termination or amendment is necessary to comply with applicable law or government regulation or as provided in Section 12.3. No amendment or addition to this Agreement shall be effective unless in writing. 13.2 Nontransferability of the Award. Prior the issuance of Common Shares on the Settlement Date, neither this Award nor any Performance Shares subject to this Award shall be subject in any manner to anticipation, alienation, sale, exchange, transfer, assignment, pledge, encumbrance, or garnishment by creditors of the Participant or the Participants beneficiary, except transfer by will or by the laws of descent and distribution. All rights with
MISCELLANEOUS PROVISIONS. The Company is the sponsor and legal obligor under the Plan and shall make all payments hereunder, other than any payments to be made by any of the Subsidiaries (in which case payment shall be made by such Subsidiary, as appropriate). The Company shall not be required to establish any special or separate fund or to make any other segregation of assets to ensure the payment of any amounts under the Plan, and the Participants rights to the payment hereunder shall be no greater than the rights of the Companys (or Subsidiarys) unsecured creditors. All expenses involved in administering the Plan shall be borne by the Company.
MISCELLANEOUS PROVISIONS. SECTION 7.1. Effective Time. This First Supplemental Indenture is effective as of the Effective Time of the Merger, as defined in the Merger Agreement. SECTION 7.2. Headings Descriptive. The headings of the several Articles and Sections of this First Supplemental Indenture are inserted for convenience only and shall not in any way affect the meaning or construction of any provision of this First Supplemental Indenture. SECTION 7.3. Rights and Obligations of the Trustee. All of the provisions of the Indenture with respect to the rights, privileges, immunities, powers and duties of the Trustee shall be applicable in respect of this First Supplemental Indenture as fully and with the same effect as if set forth herein in full. SECTION 7.4. Successors and Assigns. This First Supplemental Indenture shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto and the holders of any Debentures then outstanding. SECTION 7.5. Counterparts. This First Supplemental Indenture may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 7.6. Governing Law. This First Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have caused this First Supplemental Indenture to be duly as of the day and year first above written. LYONDELL CHEMICAL COMPANY By: /s/ Karen A. Twitchell Name: Karen A. Twitchell Title: Vice President and Treasurer MILLENNIUM CHEMICALS INC. By: /s/ C. William Carmean Name: C. William Carmean Title: Senior Vice President, General Counsel and Secretary MILLENNIUM AMERICA INC. By: /s/ C. William Carmean Name: C. William Carmean Title: Senior Vice President, General Counsel and Secretary THE BANK OF NEW YORK By: /s/ Robert A. Massimillo Name: Robert A. Massimillo Title: Vice President
MISCELLANEOUS PROVISIONS. This Agreement is governed in all respects by the Plan and applicable law. In the event of any inconsistency between the terms of the Plan and this Agreement, the terms of the Plan shall prevail. Subject to the limitations of the Plan, the Company may, with the written consent of Employee, amend this Agreement. This Agreement shall be construed, administered and enforced according to the laws of the State of California.
MISCELLANEOUS PROVISIONS. This Amendment Ndeg 10 supersedes any previous understandings, commitments, or representations whatsoever, whether oral or written, related to the subject matter hereof. The Agreement shall be deemed to be amended to incorporate the terms and conditions hereof, and, except as specifically amended hereby, shall continue in full force and effect in accordance with its original terms. If there is any conflict or inconsistency between the terms and provisions of the Agreement and this Amendment Ndeg 10, the latter shall prevail to the extent of such conflict or inconsistency.