Miscexxxxxxxx. 00.0 Xxe captions in this Agreement are included for convenience of reference only and in no way affect the construction or effect of any provisions hereof.
Miscexxxxxxxx. X. Xxe failure of the Landlord to enforce in any one or more instances any term, condition, rule, regulation or covenant as to which the Tenant shall be guilty of a breach or be in default, shall not be deemed to waive the right of the Landlord to enforce the same or any subsequent breach or default notwithstanding the Landlord had knowledge of such breach or default at the time of the receipt of any rent or other sums by the Landlord, whether the same be that originally reserved or that which may be payable under any of the covenants or agreements herein contained, or any portion thereof. The acceptance by the Landlord of checks or cash from persons other than the Tenant shall in no event evidence consent of the Landlord to any assignment or sub-lease by the Tenant. No waiver or modification of this Lease nor any release or surrender of the same shall be claimed by the Tenant unless such waiver or modification or release or surrender be in writing and signed by the Landlord. B. Each provision hereof shall bind and inure to the benefit of the Landlord and the Tenant and as the case may be: if the Tenant is an individual, the Tenant's legatees, executors, and administrators; the Landlord's successors and assigns; if the Tenant is a corporation, its successors; and in the event that Landlord consents to the assignment of this Lease notwithstanding the terms hereof, the Tenant's assigns. C. The parties hereto agree that whenever the word "Tenant" and/or "party" is used herein it shall be construed to mean Tenants and/or parties, if there be more than one, and generally, feminine or neuter pronouns shall be substituted for those of the masculine form, and vice versa, and the plural is to be substituted for the singular number in any place or places herein in which the context shall require such substitution. D. Paragraph headings for this Lease are used for convenience only, and are in no way to be construed as a part of this Lease or as a limitation on the scope of the particular provision to which they refer.
Miscexxxxxxxx. 10.1. Subject to the requirements of legal process and regulatory authority, each party hereto shall treat as confidential the names and addresses of the owners of the Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information without the express written consent of the affected party until after such time, if any, as it has come into the public domain.
Miscexxxxxxxx. 12.1. Subject to the requirements of legal process and regulatory authority, each Party hereto shall treat as confidential any "non-public personal information" about any "consumer" of another Party as such terms are defined in SEC Regulation S-P, and shall not disclose or use such information without the express written consent of such Party. Such written consent shall specify the purposes for which such information may be disclosed or used, which disclosure or use shall be consistent with SEC Regulation S-P.
Miscexxxxxxxx. 10.1 This Agreement will be construed and the provisions hereof interpreted under and in accordance with the laws of the State of Maryland, where the sale of any FUND share shall be deemed to have been made; provided, however, that if such laws or any of the provisions of this Agreement conflict with applicable Provisions of the 1940 Act, the latter shall control.
Miscexxxxxxxx. (a) Except as otherwise provided in this Agreement (or otherwise authorized by VDC in writing in advance), Network is not authorized to act as an agent for, or legal representative of, VDC or its subsidiaries or affiliates and Network shall not have the authority to assume or create any obligation on behalf of, in the name of, or binding upon VDC or its subsidiaries or affiliates. This Agreement does not create a joint venture or partnership of any kind between the parties.
Miscexxxxxxxx. Xhe captions in this Agreement are included for convenience of reference only and in no way define or limit any of the provisions hereof or otherwise affect their construction or effect. If any provision of this Agreement is held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement will not be affected thereby. This Agreement will be binding upon and shall inure to the benefit of the parties hereto and their respective successors and will be governed by the laws of the state of California.
Miscexxxxxxxx. 00.0 All persons dealing with the Trust must look solely to the property of the Trust for the enforcement of any claims against the Trust as neither the Board, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Trust.
Miscexxxxxxxx. (a) This Agreement contains, and is intended as, a complete statement of all of the terms of the arrangement between the parties with respect to its subject matter and supersedes all previous negotiations, promises, agreements and understandings with respect to those matters, whether oral or written.
Miscexxxxxxxx. This Agreement (i) shall be governed by the laws of the State of California; (ii) may be executed in counterparts each of which shall constitute an original; (iii) shall be binding upon the successors, representatives, agents, officers and directors of the parties; and (iv) may not be modified or changed except in a writing signed by all parties. This Consulting Agreement has been executed as of the date first above written. THE STORM HIGH PERFORMANCE SOUND CORPORATION /s/ Patrick F. Charles ____________________________________________________ By: Patrick F. Charles, Presidenx xxx Xxxxx Xxxxxtive Officer CONSULTANTS /s/ M. Richard Cutler ____________________________________________________ M. Richard Cutler /s/ Brian X. Xxxxxxxx ____________________________________________________ Brian A. Lebrecht /s/ Vi Xxx ____________________________________________________ Vi Bui /s/ Asher Starik ____________________________________________________ Asher Starik /s/ Stephanix Xxxxxxxx ____________________________________________________ Stephanie Crumpler
