APPLICABILITY OF PROVISIONS OF THE AGREEMENT Sample Clauses

APPLICABILITY OF PROVISIONS OF THE AGREEMENT. This Amendment is subject to, and shall be governed by, all of the provisions of the Agreement, except to the extent such provisions are expressly modified by this Amendment. Capitalized terms used herein shall have the respective meaning ascribed to each by the Agreement except as otherwise expressly set forth in this Amendment.
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. This First Amendment is subject to, and shall be governed by, all of the provisions of the Agreement, except to the extent such provisions are expressly modified by this First Amendment. Unless otherwise specified, references in this First Amendment to Sections, Paragraphs, Appendices, Attachments, Addendums, and Exhibits refer to the Sections, Paragraphs, Appendices, Attachments, Addendums, and Exhibits of the Agreement. Capitalized words and phrases used but not defined in this First Amendment shall have the meanings ascribed to them in the Agreement.
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. Except as expressly amended by this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. The Agreement and this Amendment shall be read, taken and construed as one and the same instrument, however, in the event of a conflict or inconsistency between the Agreement and this Amendment, this Amendment will control. Unless otherwise specified, references in this Amendment to Articles and Exhibits refer to the Articles and Exhibits of the Agreement. Capitalized words and phrases used but not defined in this Amendment shall have the meanings ascribed to them in the Agreement.
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. This Amendment is subject to, and shall be governed by, all of the provisions of the Agreement, as amended, except to the extent such provisions are expressly modified by this Amendment. Unless otherwise specified, references in this Amendment to Articles, Sections, Schedules and Exhibits refer to the Articles, Sections, Schedules and Exhibits of the Agreement. Capitalized words and phrases used, but not defined in this Amendment, shall have the same meanings as defined in the Agreement or the Second Amended and Restated Master Outsourcing Service Agreement (“SAR MOSA”), as applicable.
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. The provisions of paragraphs 2.c, 4, 7 and 9 of the Agreement are hereby incorporated into this Subadvisory Consulting Agreement and shall be read herein as if references to "the Subadviser" were references to SBAM Limited. For this purpose, the following further modifications shall be deemed to be made to paragraph 4 of the Agreement. In that paragraph, references to "the Adviser" shall be deemed to include references to SBAM, the number "(i)" shall be deemed to be inserted between "resulting from" and "its acts" and at the end of that paragraph the words "or (ii) any breach by SBAM Limited or any of its directors, officers or employees of its duties or obligations under the Financial Services Act of 1986 of the United Kingdom or under the regulatory system (as defined in IMRO's rules)" shall be deemed to be inserted between "employees" and ".".
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. The provisions of paragraph 2.c, 4, 7 and 9 of the Agreement are hereby incorporated into this Subadvisory Consulting Agreement and shall be read herein as if references to "the Subadviser" were references to SBAM Limited. For this purpose, the following further modifications shall be deemed to be made to paragraph 4 of the
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APPLICABILITY OF PROVISIONS OF THE AGREEMENT. The provisions of paragraphs 2.c, 4, 7 and 9 of the Agreement are hereby incorporated into this Subadvisory Consulting Agreement and shall be read
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Related to APPLICABILITY OF PROVISIONS OF THE AGREEMENT

  • Severability of Provisions If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement or of the Certificates or the rights of the Holders thereof.

  • Severability of Provision Each provision of this Agreement is severable from every other provision in determining the enforceability of any provision.

  • Limitation by Law; Severability of Provisions All rights, remedies and powers provided in this Security Agreement may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law, and all the provisions of this Security Agreement are intended to be subject to all applicable mandatory provisions of law that may be controlling and to be limited to the extent necessary so that they shall not render this Security Agreement invalid, unenforceable or not entitled to be recorded or registered, in whole or in part. Any provision in this Security Agreement that is held to be inoperative, unenforceable, or invalid in any jurisdiction shall, as to that jurisdiction, be inoperative, unenforceable, or invalid without affecting the remaining provisions in that jurisdiction or the operation, enforceability, or validity of that provision in any other jurisdiction, and to this end the provisions of this Security Agreement are declared to be severable.

  • Severability of Agreement Should any part of this Agreement for any reason be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portions of this Agreement without including any such part, parts or portions which may, for any reason, be hereafter declared invalid.

  • Severability of Provisions; Captions; Attachments Any provision of this Agreement that shall be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. The several captions to sections and subsections herein are inserted for convenience only and shall be ignored in interpreting the provisions of this Agreement. Each schedule or exhibit attached to this Agreement shall be incorporated herein and shall be deemed to be a part hereof.

  • Separability of Provisions Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.

  • Survival of Provisions Upon Invalidity of Any Single Provision In case any provision in this Agreement 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.

  • Amendments of the Agreement This Agreement may be amended by a writing signed by both parties hereto, provided that no material amendment to this Agreement shall be effective until approved (i) by the vote of a majority of those Trustees of the Trust who are not interested persons of Xxxxx Xxxxx or the Trust cast in person at a meeting called for the purpose of voting on such approval, and (ii) if required by the Investment Company Act of 1940, by vote of a majority of the outstanding voting securities of the Fund.

  • Binding Effect of the Agreement This Agreement shall inure to the benefit of, and be binding upon , the Company, the Recipient and their respective estates, heirs, executors, transferees, successors, assigns and legal representatives.

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