MISCELLEANEOUS. The Parties hereto agree that the provisions of the Agreement as amended by this Addendum No. 7 shall be identical to those in existence prior to the execution of this Addendum No. 7 save insofar as the same have been amended hereby, and that all references in the Agreement to the term "this Agreement" shall be deemed to be references to the Agreement as confirmed and amended hereby and references to "the Agreement", "hereof", "hereunder", "herein" and kindred expressions shall be construed accordingly. The Parties agree that this Addendum No. 7 shall be governed by the laws of England and Wales and that any disputes arising hereunder shall be subject to the same dispute resolution mechanism as provided for under Section 8.3 of the Agreement. This Addendum No. 7 shall become effective upon receipt by the Company of USD 106,000,000 from Frontline, provided that upon such effectiveness, the amendment of the Suezmax Bonus Amount and the VLCC Bonus Amount and the establishment of the Cash Sweep Bonus Payment shall be effective from 1 January 2012.
MISCELLEANEOUS. 4.1 Customer understands that proprietary software belonging to DiCentral may reside on Customer’s facilities (the “Software”) when using DiWeb. Customer agrees that, subject to the limited license provided herein, all ownership rights and interest in the Software remain with DiCentral. DiCentral hereby grants Customer a non-exclusive, non-transferable limited license to use the Software via DiCentral site for purposes of this Agreement only and in the regular course of its business. Customer agrees not to transfer, adapt, modify, otherwise copy, reverse assemble, reverse compile or otherwise translate or distribute the Software or rent, lease, assign or attempt to license it. The license shall terminate with the termination of the Agreement.
MISCELLEANEOUS. 30.1 Nothing in the Contract creates a relationship of partnership, employment, joint venture or agency between the Parties.
MISCELLEANEOUS. 9.1 Failure or delay on the party of either Party to exercise any right under this Agreement shall not be deemed as a waiver thereof.
MISCELLEANEOUS. The Parties hereto agree that the provisions of the Agreement as amended by this Addendum No. 6 shall be identical to those in existence prior to the execution of this Addendum No. 6 save insofar as the same have been amended hereby, and that all references in the Agreement to the term "this Agreement" shall be deemed to be references to the Agreement as confirmed and amended hereby and references to "the Agreement", "hereof", "hereunder", "herein" and kindred expressions shall be construed accordingly. The Parties agree that this Addendum No. 6 shall be governed by the laws of England and Wales and that any disputes arising hereunder shall be subject to the same dispute resolution mechanism as provided for under Section 8.3 of the Agreement. This Addendum No. 6 shall become effective on the date of the Parties' signature hereof.
MISCELLEANEOUS. Save as provided for herein all other provisions of the Loan Agreement shall remain unchanged and in full force and effect. The form and contents of this agreement, as well as the rights and obligations of the Lenders, the Borrower, the Facility Agent and the Arranger shall be construed according to the laws of the Federal Republic of Germany in every respect. This agreement has been executed in the English language in 3 (three) counterparts. One copy shall be provided to the Borrower and to each of the Arranger and Bayerische Hypo- und Vereinsbank Aktiengesellschaft as Lender. Each executed copy shall have the effect of an original. September 15, 0000 Xxxxxxxxxx Xxxx- und Vereinsbank Aktiengesellschaft ........................................................ (in its capacity as Arranger, Lender and Facility Agent) September 15, 1999 FiberMark GmbH ........................................................
MISCELLEANEOUS. This Guaranty shall: (i) be binding upon Atlas, its successors and permitted assigns including any debt [ILLEGIBLE] possession on behalf of Atlas); (ii) inure to the benefit of and be enforceable by the Guaranteed Party and its respective successors and assigns and its Affiliates (and shall be transferable without Atlas' consent by the Guaranteed Party in connection with the transfer of the Obligations under and in accordance with the terms of the Operative Documents), but shall not and is not intended to, create rights in any other third parties; (iii) not be waived, amended or modified without the written consent of the Guaranteed Party; (iv) BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW) and (v) may not be assigned, delegated, pledged, encumbered, hypothecated or transferred in whole or in part by Atlas hereunder [ILLEGIBLE] to the fullest extent permitted by applicable law, any and all rights [ILLEGIBLE] by jury in any legal proceeding arising out of or relating to this Guaranty or the transactions [ILLEGIBLE] hereby.
MISCELLEANEOUS. The Parties agree that this Amendment no. 4 shall be governed by the laws of England and that any disputes arising hereunder shall be subject to the same dispute resolution mechanism as provided for under Section 13 of the Performance Guarantee. This Amendment no. 4 shall become effective on the date of the Parties' signature hereof.
MISCELLEANEOUS. 19.1. That the LESSOR shall have no objection if the LESSEE applies to the telecommunication authorities for telecommunication connection at LESSEE’s own cost.
MISCELLEANEOUS. No waiver of any breach or default of this Agreement by Consultant shall be considered to be a waiver of any other breach or default of this Agreement. Should any litigation be commenced between Developer and Agent Assist for such breach, the party prevailing in such litigation shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorney's fees and costs in such litigation. Every provision of this Agreement is intended to be severable. If any term or provision hereof is determined to be illegal or invalid for any reason whatsoever, said illegality or invalidity shall not affect the validity of the remainder of this Agreement. The interpretation of this Agreement shall be governed by the local law of the State of Nevada and adjudicated in the courts of Xxxxx County. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter thereof. This Agreement shall inure to the benefit of the parties and their successors and assigns. AGENT ASSIST, INC. Xxxxx Xxxxxxxxxxx, President
