Miscellaneous Clauses Exemplaires

Miscellaneous. 2.1 L’exécution par le Fournisseur de ses obligations sera fonction de la prompte exécution par l’Acheteur de ses obligations au titre du Contrat.

Miscellaneous. 14.1. Nothing contained in this Agreement for Logistics and any Ancillary Agreement, and no action taken by Buyer or Seller pursuant to this Agreement for Logistics and any Ancillary Agreement or any statement of work, will be deemed to constitute a relationship between Buyer or Seller of partnership, joint venture, principal and agent, or employer and employee. Neither Buyer nor Seller has, nor may it represent that it has, any authority to act or make commitments on the other's behalf. 14.2. The validity, interpretation and performance of this Agreement for Logistics or any Ancillary Agreement shall be governed by and construed in accordance with the laws of the location where the Buyer is located as stated by the express provision of the Addendum, without regard to the principles of conflicts of law. 14.3. A waiver by any Party of any term or condition of this Agreement for Logistics or any Ancillary Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies specified in this Agreement for Logistics and any Ancillary Agreement shall be cumulative and in addition to any other remedies provided at law or in equity. 14.4. Seller shall not issue any press release or other publicity materials, or make any presentation with respect to the existence of this Agreement for Logistics or any Ancillary Agreement or any of the terms and conditions thereof without the prior written consent of Buyer in each instance. 14.5. In an emergency affecting the safety of persons and/or property, the Seller shall act, at the Seller's reasonable discretion to prevent threatened damage, injury, or loss. 14.6. Seller shall not assign any of its rights or delegate or subcontract any of its duties and obligations under this Agreement for Logistics and any Ancillary Agreement, without the prior written consent of Buyer, which may be withheld at Buyer's discretion. Any such attempted assignment of rights or delegation or subcontracting of duties without the prior written consent of Buyer shall be void and ineffective. Any such assignment, delegation or subcontracting consented to by Buyer shall not relieve Seller of its responsibilities and liabilities hereunder and ▇▇▇▇▇▇ shall remain liable to Buyer for the conduct and performance of each permitted assignee, delegate and subcontractor hereunder. Buyer may assign its rights and obligations under this Agreement for Logistics and ...

Miscellaneous. The Contract constitutes the entirety of the commitments of the Seller and of the Customer with respect to its subject matter, it replaces and substitutes all prior negotiations, exchanges and agreements between them with respect to its subject matter. The fact that the Seller does not exercise a right, expressly or implicitly, in the event of a breach of any obligation by the Customer shall not be deemed to constitute a waiver of the right to enforce the same clauses at a later date or in respect of any other breach. These terms and conditions of sale are written in English. The French text, disclosed by Seller upon request, shall prevail in the event of a dispute. Any assignment or transfer of any order or the Contract by the Customer requires the prior consent of the Seller.

Miscellaneous. These Terms and Conditions of Purchase and the entire business relationship between us and the Supplier shall be governed by the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Miscellaneous. Les présentes Conditions pourront être modifiées par 3M. 3M s’engage à informer l’Acheteur de ces modifications par le biais d’un message sur sa page d’accueil http://www.3M.be, Bcom, sur la facture, par le biais d’un email ou par notification écrite. Toute modification future de ce type ne s'appliquera qu'aux commandes acceptées après la date d'entrée en vigueur.

Miscellaneous. 2.10.1 Railway in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to; (a) Suspend and/ or cancel the allotment Process and/ or amend and/ or supplement the allotment Process or modify the dates or other terms and conditions relating thereto; (b) Consult with any applicants in order to receive clarification or further information; (c) Retain any information and/ or evidence submitted to Railway by, on behalf of, and/ or in relation to any applicants; and/ or (d) Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any applicants. 2.10.2 It shall be deemed that by submitting the application, the Applicant agrees and releases Railway, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder and the applicant Documents, pursuant hereto, and/ or in connection with the allotment Process, to the fullest extent permitted by applicable law, and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future. 2.10.3 The Disclaimer as set forth at the outset of this document and the License Agreement as stated in this Document shall be deemed to be the part of this Document. 2.10.4 The Selected applicants shall have to execute the License Agreement in the manner and format as indicated by Railway in this Document and no material changes shall be permitted for submission by the Selected applicants. Section B MASTER LICENSE AGREEMENT MASTER LICENSE AGREEMENT This Master License Agreement (the “Agreement”), is executed at …………….. on this ……….. day of , The President of India, acting through the Divisional Railway Manager North Central Railway Allahabad, (hereinafter referred to as “Railway” which expression shall, unless repugnant to the meaning or context thereof, be deemed to mean and include its successors, permitted assigns) as party of the First Part;

Miscellaneous. The place of performance is Hamburg; the place of jurisdiction for any claims either party may have against the respective other party is Hamburg, provided the participant is a legal entity.

Miscellaneous. 23.1. No waiver by SELLER of any of the provisions of the Contract is effective unless explicitly set forth in writing and signed by SELLER. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege 23.2. The relationship between the parties is that of independent contractors. Nothing contained in the Contract shall be construed as creating any agency, teaming, partnership, joint venture or other similar form of agreement/arrangement between the parties. Neither party has authority to contract for or bind the other party in any manner whatsoever. 23.3. The Contract is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these General Terms and Conditions of Sale.

Miscellaneous. 11.1 The Customer is liable for compliance with all applicable laws and ordinances of export control laws of France or other countries, in particular for having the permits needed in order to export or import the products. Furthermore, the Customer ensures that the products will not be supplied either directly or indirectly to countries that prohibit or limit the import of these products. 11.2 Exclusive jurisdiction is given to the competent courts for the place of our registered office. We are, however, also entitled to file claims against the Customer with the courts having jurisdiction at the Customer’s place of business. 11.3 The contractual relationship shall be governed by French law, excluding the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the French rules of renvoi.