SIXTEENTH CLAUSE Sample Clauses

SIXTEENTH CLAUSE. OF THE CLOSURE Clause 16.1: This agreement ends on the date of the first occurrence of any of the following events: • a. End of term indicated in Clause fourteen, or • b. At any time the licensee violates the terms of this agreement.
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SIXTEENTH CLAUSE. In witness whereof it is signed in Bogota, on July 28/th/, 1997. GLOBAL TELECOMMUNICATIONS OPERATIONS, INC. _____________________________________ Xxxxxx Xxxxxx Xxxxxxxxx X.X. 80.409.281, issued in Usaquen (Attorney-in-fact) (signature) SIEMENS AKTIENGESELLSCHAFT Represented by SIEMENS SOCIEDAD ANONIMA _____________________________________ Xxxxxxx Prada Xxxxxxx Commercial and Administrative Vice-president (Substitute)
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SIXTEENTH CLAUSE. If either Party is rendered unable by a Force Majeure to carry out any of its obligations under this Agreement, such Party shall immediately serve a written notice to the other Party, and such notice shall contain full details of the event and of its compliance with the sole paragraph of article 1,058 of the Brazilian Civil Code, providing the best estimate duration of the impediment alleged. In that case, and during the pendency of such Force Majeure but for no longer period, the obligations of the Party affected by the event (other than the obligation to make payments then due or becoming due with respect to performance prior to the event) shall be suspended to the extent required. In addition, during the estimated duration of the effects of the event of Force Majeure, as notified by the claiming Party to the other, the claiming Party shall not be required to resume its obligations to the other only with respect to the obligations which the claiming Party has claimed is subject to Force Majeure. Notwithstanding the foregoing, as soon as the Force Majeure or its effects cease prior to the expiration of its estimated duration, the claiming Party shall immediately serve a written notice to the non-claiming Party, who shall have the option to require the claiming Party to resume its obligations under this Agreement as soon as practicable. The claiming Party shall take, and evidence that it has taken, all the measures available to it to remove the effects of the Force Majeure impairing the performance of its obligations. If all or part of the Force Majeure continues to exist beyond the estimated duration, then the non-claiming Party may take any action it deems commercially reasonable under the circumstances. Without limiting the generality of the provisions set in the sole paragraph of article 1,058 of the Brazilian Civil Code, and for exemplification purposes only, a Force Majeure shall be deemed occurred whenever an event that could not be foreseen by the Parties by the time of the execution of this Agreement occurs, and such event is out of control of the claiming Party. In addition, the Force Majeure shall be characterized whenever the duly proven diligent action taken by the claiming Party is not sufficient for removing the Force Majeure or favors the adoption of an alternate solution commercially reasonable. In no circumstances whatsoever a Force Majeure shall be deemed to have taken place upon the occurrence of (i) loss of market share by MARKETER or ...
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SIXTEENTH CLAUSE. The Parties hereby expressly and unconditionally acknowledge and confirm that, in the event of default by either Party of any of the obligations hereunder, the defaulting Party shall be obliged to indemnify the non-defaulting Party for the damages caused by such default. In that case, the obligor’s liability shall be limited to direct actual damages only, such direct actual damages shall be the sole and exclusive remedy and all other remedies or damages at law or in equity are waived, especially with regard to lost profits or reduction of any results forecasted. . It is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any party, whether such negligence be sole, joint or concurrent, or active or passive. The signature of this Agreement by the Parties shall validate the acknowledgements and covenants herein and shall imply the effectiveness of the waive of rights hereby agreed.
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SIXTEENTH CLAUSE. The Parties hereby acknowledge that the transaction closed under the terms of this Agreement pertains to the Parties restrict interest and are confidential, and shall not be divulged to any third party (other than the Parties' controlling or controlled companies, companies under common control, and their administrators, managers, consultants and employees involved in the administration of the relevant transaction)) except in order to comply with any applicable law, order or regulation; provided, each Party shall notify the other Party of any proceeding of which it is aware which may result in disclosure and use reasonable efforts to prevent or limit the disclosure. The Parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with, this confidentiality obligation.
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SIXTEENTH CLAUSE. JURISDICTION-COMPETENT COURTS In the event of any dispute in relation to this contract, the contracting parties agree to submit to the jurisdiction of the Ordinary Courts of the City of Córdoba, and renounce Federal Jurisdiction and any other that might correspond to them by exception. SEVENTEENTH CLAUSE: TAXES AND STAMP TAX All the taxes, rates, expenses and additional taxes that might be imposed on the activity carried out by the TENANT, either directly or indirectly, will be his sole and exclusive responsibility. The stamp tax charged upon this contract shall be paid in full by the Tenant.
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SIXTEENTH CLAUSE. In case of liquidation or dissolution of the Company, American Bank Note Company Grafica e Servicos Ltda., through a liquidator to be appointed by it, will be the liquidator, based on the art. 13 of decree 3.708 of 10.01.1919.
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SIXTEENTH CLAUSE. Responsibility: CCP will carry out the mining exploitation matter of this document in a diligent, efficient and technically and economically viable manner. They will assure the compliance with the terms established in this contract of Association Mining, in the Work and Labor Plan and the Environmental License. CCP will be solely responsible for all damages and losses cause by the activities and operations derived from this document; AMERALEX reserves the right of action against CCP for the reimbursement of any sums or convictions which they may be obliged to pay or execute, which originated from the work of labor entrusted via the current agreement.
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SIXTEENTH CLAUSE. In the event that there is the need to submit any pending matters or litigation originating from this Contract to the appreciation of the Judicial Power, respecting the dispositions in the fourteenth clause above, the parties shall use the courts in the State of Florida. And, thus having agreed and contracted, the present instrument is signed in two (two) copies of equal content and form, in the presence of the witnesses nominated below. Belo Horizonte and Ilheus, Brazil, November 17, 0000 XXXXXX XXXXXXX, INC. By: /s/ XXXXXXX X. ST. LAURENT, III --------------------------------------- Xxxxxxx X. St. Laurent, III Chairman and Chief Executive Officer TECH SHOP HOLDINGS USA, INC. By: /s/ XXXXXXXXX XXXXX XXXXXXX XX XXXXX --------------------------------------- Xxxxxxxxx Xxxxx Xxxxxxx xx Xxxxx President and Shareholder Witness: /s/ XXXXXXX ST. LAURENT ------------------------------------- Name: XXXXXXX ST. LAURENT --------------------------------------- PURCHASE AGREEMENT This Purchase Agreement is made and entered into this 17th day of November, 1997, by and between Vitech America, Inc. ("Vitech"), a Florida Corporation with its principal offices located at 0000 Xxxxxxxxx 00xx Xxxxxx, Xxxxx, Xxxxxxx 00000, and TECH SHOP Holdings USA, Inc. ("TECH SHOP"), a Nevada Corporation with its principal offices located at 0000 Xxxxxxxx Xxx, Xxxxx X, Xxxx, Xxxxxx 00000.
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Related to SIXTEENTH CLAUSE

  • FOURTEENTH Meetings of the Directors may be held outside of the State of Delaware at such places as may be from time to time designated by the Board, and the Directors may keep the books of the Company outside of the State of Delaware at such places as may be from time to time designated by them.

  • CONTRACT CLAUSES  A SOLICITATION/CONTRACT FORM 1  I CONTRACT CLAUSES 58  B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS  C DESCRIPTION/SPECS./WORK STATEMENT 25  J LIST OF ATTACHMENTS 74  D PACKAGING AND MARKING 26 PART IV - REPRESENTATIONS AND INSTRUCTIONS  E INSPECTION AND ACCEPTANCE 27 K REPRESENTATIONS, CERTIFICATIONS OTHER STATEMENTS OF OFFERORS  F DELIVERIES OR PERFORMANCE 29  G CONTRACT ADMINISTRATION DATA 32 L INSTRS., CONDS., AND NOTICES TO  H SPECIAL CONTRACT REQUIREMENTS 34 M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

  • Saving Clause If any provision(s) of this Agreement shall be determined to be illegal or unenforceable, such determination shall in no manner affect the legality or enforceability of any other provision hereof.

  • Severability Clause Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.

  • NINETEENTH The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.

  • SIXTEENTH Any notice under this Agreement shall be in writing, addressed and delivered, or mailed postage prepaid, to the other party at such address as the other party may designate for the receipt of notices. Until further notice to the other party, the addresses of each Fund and the Distributor is 00 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxx 00000-0000.

  • Separability Clause In case any provision in this Indenture or in the Securities shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • Savings Clause If this Agreement or any portion thereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify the Indemnitee as to Expenses, judgments, fines, penalties and amounts paid in settlement with respect to any Proceeding to the full extent permitted by any applicable portion of this Agreement that shall not have been invalidated and to the fullest extent permitted by applicable law.

  • GRANTING CLAUSE The Issuer hereby Grants to the Indenture Trustee at the Closing Date, as Indenture Trustee for the benefit of the Holders of the Notes, all of the Issuer’s right, title and interest in and to, whether now owned or hereafter acquired, now existing or hereafter arising and wherever located (a) the Receivables listed on Schedule A and all moneys received thereon on or after the Cutoff Date; (b) the security interests in the Financed Vehicles and any accessions thereto granted by Obligors pursuant to the Receivables and any other interest of the Depositor in such Financed Vehicles; (c) any Liquidation Proceeds and any other proceeds from claims on any physical damage, credit, life or disability insurance policies covering Financed Vehicles or the related Obligors, including any vendor’s single interest or other collateral protection insurance policy; (d) any property that shall have secured a Receivable and that shall have been acquired by or on behalf of the Depositor, the Servicer, or the Issuer; (e) all documents and other items contained in the Receivable Files; (f) the Sale and Servicing Agreement including all of the Depositor’s rights, but none of its obligations, under the Receivables Purchase Agreement assigned to the Issuer pursuant to the Sale and Servicing Agreement; (g) all right, title and interest in the Trust Accounts, all funds, securities or other assets credited from time to time to the Trust Accounts and all investments therein and proceeds thereof (including all Investment Earnings thereon); (h) any proceeds from any Receivable repurchased by a Dealer pursuant to a Dealer Agreement; and (i) all present and future claims, demands, causes of action and choses in action in respect of any or all of the foregoing and all payments on or under and all proceeds of every kind and nature whatsoever in respect of any or all of the foregoing, including all proceeds of the conversion thereof, voluntary or involuntary, into cash or other liquid property, all cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, insurance proceeds, condemnation awards, rights to payment of any and every kind and other forms of obligations and receivables, instruments and other property that at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Collateral”). The foregoing Grant is made in trust to secure (i) the payment of principal of and interest on, and any other amounts owing in respect of, the Notes, equally and ratably without prejudice, priority or distinction, and (ii) to secure compliance with the provisions of this Indenture, all as provided in this Indenture. The Indenture Trustee, on behalf of the Holders of the Notes, acknowledges such Grant, accepts the trusts under this Indenture in accordance with the provisions of this Indenture and agrees to perform its duties required in this Indenture to the best of its ability to the end that the interests of the Holders of the Notes may be adequately and effectively protected.

  • GRANTING CLAUSES The Issuer hereby Grants to the Trustee, for the benefit and security of the Holders of the Notes, the Trustee and the Collateral Administrator (collectively, the Secured Parties) (or, where particular Secured Parties are specified as the beneficiaries of such Grant with respect to items of personal property identified in any of the sub-clauses below, for the benefit and security of such Secured Parties only), except as expressly set forth below, all of its right, title and interest in, to and under, in each case, whether now owned or existing, or hereafter acquired or arising, (a) the Portfolio Assets as of the Closing Date which the Issuer causes to be Delivered to the Trustee (directly or through an intermediary or bailee, including the Custodian) herewith and all payments thereon or with respect thereto, and all Portfolio Assets which are Delivered to the Trustee (directly or through an intermediary or bailee, including the Custodian) in the future pursuant to the terms hereof and all payments thereon or with respect thereto, (b) each of the Accounts (excluding any Class A-R Prepayment Account), and any Eligible Investments purchased with funds on deposit in any of the Accounts (excluding any Class A-R Prepayment Account), and all income from the investment of funds therein and all other property standing to the credit of each such Account, (c) the Collateral Management Agreement as set forth in Article 15 hereof, the Collateral Administration Agreement, each Placement Agency Agreement, each Subscription Agreement, the Revolving Credit Note Agreement, the Issuer Contribution Agreement, the Issuer Account Control Agreement, the Master Participation and Assignment Agreement and the Side Letter Security Agreement, (d) all Cash delivered to the Trustee (or the Custodian) for the benefit of the Secured Parties, (e) for the exclusive benefit of each Class A-R Noteholder, the Issuer’s interest in such Class A-R Noteholder’s Class A-R Prepayment Account, (f) all accounts, chattel paper, Deposit Accounts, general intangibles, instruments and investment property, and all letter-of-credit rights and other supporting obligations relating to the foregoing (in each case as defined in the UCC), (g) any other property otherwise delivered to the Trustee (directly or through an intermediary or bailee, including the Custodian) by or on behalf of the Issuer (including any other securities or investments not listed above and whether or not constituting Portfolio Assets or Eligible Investments) and (h) all proceeds with respect to the foregoing; provided that such Grants shall not include any Excepted Property (the assets referred to in (a) through (h), excluding the Excepted Property, are collectively referred to as the Collateral). The above Grant of Collateral is made in favor of the Trustee to hold in trust to secure the Notes and certain other amounts payable by the Issuer as described herein. Except as set forth in the Priority of Payments and Article 13 of this Indenture, the Notes are secured by the Grant equally and ratably without prejudice, priority or distinction between any Note and any other Note by reason of difference in time of issuance or otherwise; provided that, amounts on deposit in a Class A-R Prepayment Account shall be available only for distribution to the Class A-R Noteholders pursuant to the Revolving Credit Note Agreement and shall not be available to the Issuer to pay amounts owed to any Secured Parties other than the Class A-R Noteholders. The Grant is made to secure, in accordance with the priorities set forth in the Priority of Payments and Article 13 of this Indenture, (i) the payment of all amounts due on the Notes in accordance with their terms, (ii) the payment of all other sums payable under this Indenture, (iii) the payment of amounts owing by the Issuer under the Collateral Administration Agreement and (iv) compliance with the provisions of this Indenture, in each case as provided in this Indenture (collectively, the Secured Obligations). The foregoing Grant shall, for the purpose of determining the property subject to the lien of this Indenture, be deemed to include any interests in any securities and any investments granted to the Trustee by or on behalf of the Issuer, whether or not such securities or investments satisfy the Asset Eligibility Criteria or other criteria set forth in the definitions of Portfolio Asset or Eligible Investments, as the case may be. The Trustee acknowledges such Grant, accepts the trusts hereunder in accordance with the provisions hereof, and agrees to perform the duties herein in accordance with the terms hereof.

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