MISCELLANEOUS Примери клазула
MISCELLANEOUS. 15.1 Language The language of this Agreement is English. If this Agreement is translated into another language, the English version shall prevail in the event of any conflicting interpretation or in the event of a dispute between the Parties. All notices given or documents provided under, or in connection with, this Agreement shall be in English. The Lender may request that a notice or document provided under, or in connection with, this Agreement which is not in English is accompanied by a certified English translation, in which case, the English translation shall prevail unless the document is a statutory document of a company, legal text or other official document.
MISCELLANEOUS. 4.1. Severability
MISCELLANEOUS. 6.1 Except as varied by the terms of this Agreement, the Facility Agreement and the other Finance Documents will remain in full force and effect. The Borrower reconfirms all of its obligations under the Facility Agreement (as amended by this Agreement) and under the other Finance Documents.
6.2 Any reference in the Finance Documents to the Facility Agreement or to any provision of the Facility Agreement will be construed as a reference to the Facility Agreement, or that provision, as amended by this Agreement.
6.3 This Agreement is a Finance Document.
6.4 The Borrower shall promptly pay to the Agent the amount of all costs and expenses reasonably incurred by it (including legal fees, subject to pre-agreed caps and the assumptions applicable thereto) in connection with the negotiation, preparation, printing, execution and perfection of this Agreement and all documents referred to in this agreement.
6.5 If, at any time, any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
6.6 This Agreement may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single copy of this Agreement.
6.7 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by English law.
6.8 Clause 39 (Arbitration), clause 40 (Jurisdiction) and clause 41 (Service of Process) of the Facility Agreement applies to this Agreement as if set out in full with all necessary consequential changes to clause references, references to parties and references to applicable documents.
MISCELLANEOUS. No waiver No failure or delay by the Lender in exercising any right, power or privilege under this Loan Agreement will operate as a waiver or prejudice any other or further exercise by the Lender of any of its rights or remedies under this Loan Agreement. The rights and remedies under this Loan Agreement are cumulative and not exclusive of any rights or remedies provided by law.
MISCELLANEOUS. 10.1 Special disbursement account
MISCELLANEOUS. 16.1 No waiver No failure or delay by the Lender in exercising any right, power or privilege under this Loan Agreement will operate as a waiver or prejudice any other or further exercise by the Lender of any of its rights or remedies under this Loan Agreement. The rights and remedies under this Loan Agreement are cumulative and not exclusive of any rights or remedies provided by law.
16.2 Partial Invalidity or Partial Unenforceability
16.2.1 The fact that any provision of this Loan Agreement is declared invalid or unenforceable by any court whatsoever shall in no way affect the validity or the enforceability of the other provisions of such Loan Agreement.
16.2.2 Any provision of this Loan Agreement which may be declared invalid or unenforceable shall be replaced, by mutual agreement of the Parties, with a similar provision in conformity with the intent of the parties under this Loan Agreement to the fullest possible extent.
16.3 No Grounds for Contention All the statements or other certificates prepared by the Lender under the Loan Agreement relating to the amounts due from the Borrower to the Lender shall, except in case of manifest error, be fully binding on the Borrower.
MISCELLANEOUS. 18.1. No waiver The Lender shall not be deemed to have waived any of its rights under any of the Finance Documents as a result of having refrained from exercising that right or as a result of any delay in exercising that right. The partial exercise of a right shall not prevent the future exercise thereof, nor the exercise, more generally, of the rights and remedies provided by law.
18.2. Partial Invalidity or Partial Unenforceability
18.2.1. The fact that any provision of any Finance Document is declared invalid or unenforceable by any court whatsoever shall in no way affect the validity or the enforceability of the other provisions of such Finance Documents.
18.2.2. Any provision of any Finance Document which may be declared invalid or unenforceable shall be replaced, by mutual agreement of the Parties, with a similar provision in conformity with the intent of the parties under such Finance Document to the fullest possible extent.
18.3. No Grounds for Contention All the statements or other certificates prepared by the Lender under the Finance Documents relating to the amounts due from the Borrower to the Lender shall, except in case of manifest error, be fully binding on the Borrower.