Party Beneficiary. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The Trustee and its successors and assigns under the Pooling Agreement shall be a third-party beneficiary to the provisions of this Agreement, and shall be entitled to rely upon and directly to enforce such provisions of this Agreement, except as expressly limited by the terms hereof. Except as expressly stated otherwise herein or in the Pooling Agreement, any right of the Trustee to direct, appoint, consent to, approve of, or take any action under this Agreement, shall be a right exercised by the Trustee in its sole and absolute discretion. Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.
Party Beneficiary. County is notified that FileMaker®, Inc. is a third-party beneficiary to this License to the extent that this License contains provisions that relate to County Use of the bundled software. In no event shall Bundle Redistributor or its suppliers be liable in any way for consequential, incidental, indirect or special damages whatsoever arising out of use of or inability to use the software. The following terms and conditions apply to all HAPPY hosted web service applications only. Privacy Policy Use of HAPPY web services are subject to the HAPPY Software, Inc. Online Privacy Policy. A copy of this policy is available online at xxxx://xxx.xxxxxxxxxxxxx.xxx/policy.php. Access to Services Your ability to access the services may require the payment of third party fees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. HAPPY is not responsible for any equipment you may need to be able to access the services. To gain access to and use the services, you may be required to create a login ID and password (“Log-In Information”). You are responsible for all activity occurring under your Log-In Information, and you must keep your Log-In Information confidential and not share your Log-In Information with third parties. HAPPY has no obligation or responsibility with regard to your use, distribution, disclosure, or management of Log-In Information. Notwithstanding the foregoing, HAPPY may require you to change your Log-In Information if such Log-In Information is inconsistent with the terms of this agreement.
Party Beneficiary. This Agreement is not intended, nor will it be construed, to create any third-party beneficiary rights in any person or entity who is not a Party, unless expressly otherwise provided. Waiver: Any failure by a Party hereto to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any provision hereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. Reservation of Rights: to the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws.
Party Beneficiary. The parties expressly agree that subsidiaries of Leica Geosystems, including the entity from whom the Customer purchased the Product, is a third party beneficiary of this Software License Agreement, and, without limiting the foregoing, such subsidiaries shall have all defences available to Leica Geosystems under this Software License Agreement.
Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the User Agreement against you as a third-party beneficiary thereof.
Party Beneficiary. It is understood and agreed by the parties that Client is an intended third-party beneficiary to this Agreement and shall be entitled to enforce the provisions against of this Agreement against the Influencer as if it were a party hereto.
Party Beneficiary. Neither party hereto intends that this Agreement shall create rights hereunder in third parties including, but not limited to, any subcontractors or any Clients provided services pursuant to this Agreement.
Party Beneficiary. There are no intended third-party beneficiaries to this Agreement.
Party Beneficiary. None of the terms, conditions, or covenants set forth in this MOU will give or allow any claim, benefit, or right of action by any third person not a party to this MOU. Any person other than the parties to this MOU who or which receive services or benefits under this MOU will be only an incidental beneficiary. Applicable Law: This MOU will be construed in accordance with the laws of the State of Washington. North Olympic Healthcare Network Date
