Miscellaneous This Agreement Clause Samples
Miscellaneous This Agreement. (a) May be changed only by a writing signed by both parties.
(b) Binds, and inures to the benefit of the parties’ respective successors and assigns.
(c) Is not intended to, and does not, create any rights in any third party.
(d) May be signed in one or more counterparts, each of is deemed an original, and all of which taken together constitute one and the same agreement.
(e) Is governed by, and construed in accordance with, the laws of New York, without regard to its conflict of laws principles. CONFIDENTIAL TREATMENT [***] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the Securities and Exchange Commission
(f) Constitutes the entire agreement of the parties regarding its subject matter and supersedes any and all prior oral or written agreements or understandings (each of the Service Provider Agreement and related confidentiality side letter agreement, each dated March 9, 2010, between Chrysler and Ally; the Marketing Agreement between GMAC Risk Services Inc. and Chrysler; and guaranties of dealership obligations that Chrysler signed in favor of Ally, are separate agreements and are not affected by this Section 15.10(f)). ALLY FINANCIAL INC. CHRYSLER GROUP LLC Signature: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ Signature: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ By (print name): ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ By (print name): ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: President Title: Senior Vice President and Date: August 6, 2010 Chief Financial Officer Date: August 6, 2010 CONFIDENTIAL TREATMENT [***] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the Securities and Exchange Commission
Miscellaneous This Agreement. (a) Represents the entire agreement and understanding of the parties hereto;
(b) Is executed by individuals duly authorized to sign for each party to this Agreement and are empowered to bind that party; and
(c) May be amended or modified only by an instrument in writing mutually agreed to, and signed by both parties to this Agreement.
Miscellaneous This Agreement represents the entire understanding of the parties hereto and supersedes any and all other prior agreements among the parties regarding the subject matter hereof; shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and assigns; may be executed by facsimile (followed by originals sent via regular mail), and in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument; and may not be waived, modified or amended unless in writing and signed by a representative of the Client and FTI. The provisions of this Agreement shall be severable. No failure to delay in exercising any right, power or privilege related hereto, or any single or partial exercise thereof, shall operate as a waiver thereof. Based on our understanding of the parties involved in this matter, we have compiled a list of interested parties (the “Potentially Interested Parties”) and have undertaken a limited review of our records to determine FTI’s professional relationships with the Company and such Potentially Interested Parties. From the results of such review, we are not aware of any conflicts of interest or relationships that we believe would preclude us from performing the Services. As you know, however, we are a large consulting firm with numerous offices throughout the world. We are regularly engaged by new clients, which may include one or more of the Potentially Interested Parties. The FTI professionals providing services hereunder will not accept an engagement that directly conflicts with this Engagement without your prior written consent. If this letter correctly sets forth our understanding, please so acknowledge by signing below and returning a signed copy of this letter to us. Very truly yours, FTI CONSULTING, INC. By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Senior Managing Director ACCEPTED AND AGREED this 14th day of August, 2017. On behalf of ▇▇▇▇▇▇▇▇▇ Energy Inc. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: President and Chief Executive Officer Date: August 14, 2017 The following are the Standard Terms and Conditions on which we will provide the Services to you set forth within the attached letter of engagement with ▇▇▇▇▇▇▇▇▇ Energy Inc. dated as of August 14, 2017 (the “Engagement Letter”). The Engagement Letter and these Standard Terms and Conditions annexed thereto (collectively, the “Engagement Contract”) form the en...