Common use of Other Points Clause in Contracts

Other Points. This Agreement incorporates the Qualifications and Conditions (see below); where this Agreement makes provisions which are different from or incompatible with the provisions in the Qualifications and Conditions, this Agreement shall prevail. This Agreement is governed by the law of England and Wales. Any disputes must be litigated there. The description of the Claim as set out above is for recognition purposes only and does not in any way limit the ambit of this Agreement; the ambit of the retainer shall be taken to include all matters that the parties understood to be the subject of the Claim. That ambit may change from time-to-time as the Claim progresses. In particular, if an opponent is incorrectly described or if more opponents are joined after this Agreement was first made, the ambit of this Agreement will not be in any way limited by the fact that the description of the Claim as set out above may not be wholly accurate and complete. In the event that any term or condition or provision of this Agreement is held to be a violation of any applicable law or statute or regulation, the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term and condition or provision had not originally been contained in this Agreement. To be effective (and unless the court orders otherwise), any variation of or supplement to this Agreement must be made in writing. It is recorded that prior to signing this Agreement, the Professional Client explained the following to the Lay Client: The Lay Client’s obligations as set out under “the Lay Client’s responsibilities” (below); The circumstances in which the Counsel would seek payment; The fact that the Success Fee must be paid by the Lay Client (usually out of damages); The Lay Client’s right to an assessment of any such payment; and The general effect of the Agreement.

Appears in 2 contracts

Sources: Conditional Fee Agreement, Conditional Fee Agreement