Common use of Topic Description Clause in Contracts

Topic Description. Foreign Users Licensee must ensure that the Licensed Materials are not used by any national (citizen or lawful permanent resident) of “Country Group E,” as that term is defined by the Export Administration Regulations, 15 C.F.R. 740 et. seq., nor may Licensee take any steps to facilitate such use. No Implied Waiver No term, provision or clause of the Agreement will be deemed waived and no breach excused unless such waiver or excuse is in writing and executed by a duly authorized representative of the party to be bound by it. Any waiver by a party of a breach by the other party does not constitute a consent to, waiver of, or excuse for any different or subsequent breach. Independent Parties The parties are independent contractors. Nothing in the Agreement will be construed to make the parties partners, joint venturers, representatives or agents of each other, nor may either party so represent to any third person. Third-Party Providers and Xxxxxx Xxx are not partners, joint venturers, representatives or agents of each other. Appendix A If Licensee is not an SF Lender, then: (a) Appendix A is applicable and is expressly incorporated by reference, and (b) Licensee must comply with the provisions in this Appendix A. If Licensee is an SF lender, then Appendix A is not applicable and does not form part of this Agreement