Section Fifteen Sample Clauses

Section Fifteen. If this agreement or any of its annexes are terminated due to a cause attributable to either of the parties, or if one or more provisions contained herein are declared for any reason by a competent court or tribunal to be invalid, null or unenforceable, either fully or partially, with regard to any claim or kind of claims, such circumstance or provision shall inevitably affect any other provision herein or the validity or enforceability of the rest of this agreement; the parties agree to amend any provision thus affected by using their best efforts to safeguard the performance of such agreement in keeping with the applicable requirements established by the law. Any amendment hereto shall be necessarily in writing and shall require both parties to participate, always fulfilling the formalities to be established by this document.
Section Fifteen. (a) Indemnification by Licensee - Licensee shall indemnify and hold Licensor harmless against all liability, damage, cost or expense (including reasonable attorneys' fees) arising out of the promotion, distribution, sale or use of products made using the products supplied by Licensor or its designee to Licensee hereunder, including those resulting from any personal injury (including death) to any person including employees, servants, or agents of Licensee, except to the extent such liability, damage, cost or expense is caused by the negligence, omission, failure to act, intentional malfeasance, willful misconduct, and/or breach of the warranties or other obligations of Licensor under this agreement. In the event of any claim arising under this indemnity, prompt notice of such claim shall be given by Licensor to Licensee which shall have the right to conduct the defense in respect thereto, but Licensor may have counsel present at its own expense and shall be entitled to participate in the defense of any such claim. Licensor shall cooperate with Licensee in such defense at the expense of Licensee. No settlement of any such matter shall be made without the written approval of Licensee and Licensor, which will not be unreasonably withheld.
Section Fifteen. Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document.
Section Fifteen. This instrument contains the entire Agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that are not contained in this written contract shall be valid or binding. This contract may not be enlarged, modified, or altered except in writing signed by the parties and endorsed hereon.
Section Fifteen. The parties agree that it is their intention and covenant that this agreement and performance under it and all suits relating to it be construed in accordance with and under and pursuant to the laws of the State of Florida, with venue in Broward County.
Section Fifteen. ENTIRE AGREEMENT AND AMENDMENT This agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes in its entirety all prior and contemporaneous agreements, whether oral or written, with respect to that subject matter. This agreement may not be amended unless that amendment is in the form of a writing that is signed by both parties to this agreement. No right of either party under this agreement will be deemed waived unless that waiver is in a written instrument which is signed by the party who has allegedly waived that right, and no waiver of any right shall be deemed to be a waiver of any other right.
Section Fifteen. EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision of this Agreement. In the event that any provision of this Agreement is held to be invalid, the parties hereto agree that the remaining provisions shall be deemed to be in full force and effect, as if they had been executed by all parties subsequent to, after, the expungement, removal, of the invalid provision.
Section Fifteen. MODIFICATIONS LESSEE may not modify or improve the leased EQUIPMENT without the prior express written consent of LESSOR. If, in any case, LESSOR accepts this, the cost of such works shall be solely and exclusively assumed by LESSEE and at the end of this Agreement shall remain for the benefit of THE EQUIPMENT, without LESSOR being required to reimburse such modifications or improvements. However, any improvement on THE PLANT must be reviewed and validated by LESSOR and discounted from the annual rent, except in the case of highly expensive modifications in which case the parties shall agree on their amount and the time in which they will be discounted from the annual rent. The discounts shall apply provided that improvements are made to real estate owned by LESSOR.