Common use of MISCELLANEOUS Clause in Contracts

MISCELLANEOUS. 18.1 Tecosa shall not be obliged to fulfill this Contract if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 18.2 If any provision of this Contract is prohibited or declared invalid or unenforceable by any court or tribunal of competent jurisdiction, this shall not affect the validity or enforceability of any other provision. The parties shall use their reasonable efforts to substitute such provision by a legal, valid or enforceable one with the same or a similar result. 18.3 Any amendments, changes or additions to this Contract must be made in writing in the form of a written agreement signed by authorised representatives of both parties. 18.4 No delay or omission by either party in exercising any right, power or remedy provided by law or under this Contract shall affect, impair or operate as a waiver of such right, power or remedy. 18.5 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 18.6 This Contract is drawn up in the English language. If this Contract is translated into another language, the English language text shall in any event prevail. 18.7 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. Tecosa’ portfolio only forms one element of such a concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, Tecosa’ guidance on appropriate security measures should be taken into account. For additional information, please contact your Tecosa sales representative or visit ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇/▇▇/▇▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇- areas/future-of-manufacturing/industrial-security.htmlTecosa’ portfolio undergoes continuous development to make it more secure. Tecosa strongly recommends that updates are applied as soon as they are available and that the latest versions are used. Use of versions that are no longer supported, and failure to apply the latest updates may increase your exposure to cyber threats. Tecosa strongly recommends to comply with security advisories on the latest security threats, patches and other related measures, published, among others, under ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇/▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇.▇▇▇. 18.8 As a result of significant disruptions in the supply chain, particularly with respect to electronic components as well as Covid-19 pandemic, that currently impacts the global economy, temporary delays in delivery, labor or services from Tecosa and its sub-suppliers or subcontractors may occur. Among other factors, Tecosa’ delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Tecosa reserves the right to make partial deliveries or modify its labor or services. Furthermore, the delivery or service or completion date may be subject to change for the reasons abovementioned.

MISCELLANEOUS. 18.1 Tecosa Siemens shall not be obliged to fulfill this Contract if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 18.2 If any provision of this Contract is prohibited or declared invalid or unenforceable by any court or tribunal of competent jurisdiction, this shall not affect the validity or enforceability of any other provision. The parties shall use their reasonable efforts to substitute such provision by a legal, valid or enforceable one with the same or a similar result. 18.3 Any amendments, changes or additions to this Contract must be made in writing in the form of a written agreement signed by authorised representatives of both parties. 18.4 No delay or omission by either party in exercising any right, power or remedy provided by law or under this Contract shall affect, impair or operate as a waiver of such right, power or remedy. 18.5 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 18.6 This Contract is drawn up in the English language. If this Contract is translated into another language, the English language text shall in any event prevail. 18.7 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. TecosaSiemens’ portfolio only forms one element of such a concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, TecosaSiemens’ guidance on appropriate security measures should be taken into account. For additional information, please contact your Tecosa Siemens sales representative or visit ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇/▇▇/▇▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇- areas/future-of-manufacturing/industrial-security.htmlTecosasecurity.htmlSiemens’ portfolio undergoes continuous development to make it more secure. Tecosa Siemens strongly recommends that updates are applied as soon as they are available and that the latest versions are used. Use of versions that are no longer supported, and failure to apply the latest updates may increase your exposure to cyber threats. Tecosa Siemens strongly recommends to comply with security advisories on the latest security threats, patches and other related measures, published, among others, under ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇/▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇.▇▇▇. 18.8 As a result of significant disruptions in the supply chain, particularly with respect to electronic components as well as Covid-19 pandemic, that currently impacts the global economy, temporary delays in delivery, labor or services from Tecosa Siemens and its sub-suppliers or subcontractors may occur. Among other factors, TecosaSiemens’ delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Tecosa Siemens reserves the right to make partial deliveries or modify its labor or services. Furthermore, the delivery or service or completion date may be subject to change for the reasons abovementioned.

MISCELLANEOUS. 18.1 19.1 Nothing in this Contract shall be deemed to create an employment relationship between Tecosa and the Customer or any of their personnel or subcontractors. 19.2 The Customer is not entitled to issue instructions to Tecosa´ employees. Tecosa is free to select and allocate the personnel deployed for the performance of the Services. Tecosa alone shall pay for all compensation and social benefits of its employees. 19.3 Tecosa shall not be obliged obligated to fulfill this Contract if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 18.2 19.4 If any provision of this Contract is prohibited or declared rendered invalid or unenforceable by any court or tribunal of competent jurisdictionunenforceable, this shall not affect the validity or enforceability of any other provision. The parties shall use their reasonable efforts to substitute such provision by a legal, valid or enforceable one with the same or a similar result. 18.3 19.5 Any amendments, changes or additions to this Contract must be made in writing in the form of a written agreement signed by authorised representatives of both parties. 18.4 19.6 No delay or omission by either party in exercising any right, power or remedy provided by law or under this Contract shall affect, impair or operate as a waiver of such right, power or remedy. 18.5 19.7 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 18.6 19.8 This Contract is drawn up in the English language. If this Contract is translated into another language, the English language text shall in any event prevail. 18.7 19.9 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. Tecosa’ portfolio only forms one element of such a concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, Tecosa’ guidance on appropriate security measures should be taken into account. For additional information, please contact your Tecosa sales representative or visit ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇/▇▇/▇▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇- areas/future-of-manufacturing/industrial-security.htmlTecosa’ portfolio undergoes continuous development to make it more secure. Tecosa strongly recommends that updates are applied as soon as they are available and that the latest versions are used. Use of versions that are no longer supported, and failure to apply the latest updates may increase your exposure to cyber threats. Tecosa strongly recommends to comply with security advisories on the latest security threats, patches and other related measures, published, among others, under ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇/▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇.▇▇▇. 18.8 19.10 As a result of significant disruptions in the supply chain, particularly with respect to electronic components as well as Covid-19 pandemic, that currently impacts the global economy, temporary delays in delivery, labor or services from Tecosa and its sub-suppliers or subcontractors may occur. Among other factors, Tecosa’ delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Tecosa reserves the right to make partial deliveries or modify its labor or services. Furthermore, the delivery or service or completion date may be subject to change for the reasons abovementioned.

MISCELLANEOUS. 18.1 Tecosa 19.1 Siemens shall not be obliged to fulfill this Contract if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. 18.2 19.2 If any provision of this Contract is prohibited or declared invalid or unenforceable by any court or tribunal of competent jurisdiction, this shall not affect the validity or enforceability of any other provision. The parties shall use their reasonable efforts to substitute such provision by a legal, valid or enforceable one with the same or a similar result. 18.3 19.3 Any amendments, changes or additions to this Contract must be made in writing in the form of a written agreement signed by authorised representatives of both parties. 18.4 19.4 No delay or omission by either party in exercising any right, power or remedy provided by law or under this Contract shall affect, impair or operate as a waiver of such right, power or remedy. 18.5 19.5 This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Contract. 18.6 19.6 This Contract is drawn up in the English language. If this Contract is translated into another language, the English language text shall in any event prevail. 18.7 19.7 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art security concept. TecosaSiemens’ portfolio only forms one element of such a concept. You are responsible for preventing unauthorized access to your plants, systems, machines and networks which should only be connected to an enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, TecosaSiemens’ guidance on appropriate security measures should be taken into account. For additional information, please contact your Tecosa Siemens sales representative or visit ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇/▇▇/▇▇▇▇/▇▇▇▇▇▇▇/▇▇▇▇▇- areas/future-of-manufacturing/industrial-security.htmlTecosasecurity.htmlSiemens’ portfolio undergoes continuous development to make it more secure. Tecosa Siemens strongly recommends that updates are applied as soon as they are available and that the latest versions are used. Use of versions that are no longer supported, and failure to apply the latest updates may increase your exposure to cyber threats. Tecosa Siemens strongly recommends to comply with security advisories on the latest security threats, patches and other related measures, published, among others, under ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇/▇▇/▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇.▇▇▇. 18.8 19.8 As a result of significant disruptions in the supply chain, particularly with respect to electronic components as well as Covid-19 pandemic, that currently impacts the global economy, temporary delays in delivery, labor or services from Tecosa Siemens and its sub-suppliers or subcontractors may occur. Among other factors, TecosaSiemens’ delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Tecosa Siemens reserves the right to make partial deliveries or modify its labor or services. Furthermore, the delivery or service or completion date may be subject to change for the reasons abovementioned.