Other Miscellaneous. This Agreement may not be modified or amended except in writing executed in counterparts, each of which will be deemed an original and all of which will constitute one and the same instrument. Neither party may assign this Agreement without the prior written consent of the other party. If any provision of this Agreement shall for any reason be held invalid or unenforceable by any court, governmental agency or arbitrator of competent jurisdiction, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. Any ambiguity in this Agreement shall not be construed against either party as the drafter. The parties hereto shall not be construed as joint venturers or partners of each other pursuant to this Agreement, and no party shall have the power to bind or obligate another except as set forth herein.
Other Miscellaneous. The Project 350 Award will contain other terms and conditions determined by the Compensation Committee.
Other Miscellaneous. This Agreement is governed by the laws of the Province of the Selling Dealer and shall be binding upon and ensure to the benefit of the heirs, successors and permitted assigns Global Warranty and you. Global Warranty (West Coast) Corporation (“Global Warranty”) is the duty appointed administrator of the Global Warranty Policy (“The Policy”) for Fenchurch General Insurance Company. Notice to Global Warranty is hereby deemed to be notice to Fenchurch. The obligations of your Agreement are insured by: Fenchurch General Insurance Company located at Promontory II, 0000 Xxxxx Xxxxxxxx Xxx, Xxxxx 000, Xxxxxxxxxxx, Xxxxxxx, Xxxxxx, X0X 0X0, under Master Surety Agreement #FG-GW01.
Other Miscellaneous. At any time after [***], American may opt to move to a [***] content cycle. The cost of moving to a [***] content cycle will be a [***] increase in the per tail MSF. Lost USB sticks not returned to Gogo by AA: First 10%: $[***] Above 10%: $[***] Sticks are counted on a per-cycle basis. In a [***] cycle, Gogo will count the returned sticks from a content batch [***] after such batch of sticks were sent out. By way of example, if a [***] batch contains five hundred (500) USB sticks, and if only four hundred forty (440) of these sticks are returned as of [***], then Gogo will [***]. In the event that American migrates to a [***] content cycle, the returned sticks would be counted [***] after the batch was sent out.
Other Miscellaneous. (a) The paragraph headings used herein are for reference purposes only and do not effect the meaning or interpretation of this Agreement. If any provisions of this Agreement are for any reason declared to be invalid or illegal, the remaining provisions shall not be affected thereby.
Other Miscellaneous. Provisions Under the Rights Plan ---------------------------------------------------- The Purchase Price payable, and the number of shares of Preferred Stock or other securities or property issuable, upon exercise of the Rights are subject to adjustment from time to time to prevent dilution (i) in the event of a stock dividend on, or a subdivision, combination or reclassification of, the Preferred Stock, (ii) if holders of the Preferred Stock are granted certain rights or warrants to subscribe for Preferred Stock or convertible securities at less than the current market price of the Preferred Stock, or (iii) upon the distribution to holders of the Preferred Stock of evidences of indebtedness or assets (excluding regular quarterly cash dividends) or of subscription rights or warrants (other than those referred to above). With certain exceptions, no adjustment in the Purchase Price will be required until cumulative adjustments amount to at least one percent of the Purchase Price. Significance of the Rights Until Exercised ------------------------------------------ Until a Right is exercised, its holder has no claim as a stockholder of the Company arising from the Right itself, including, without limitation, the right to vote or to receive dividends. While the initial declaration and distribution of the Rights will not be taxable to the stockholders or the Company, stockholders may, depending upon the circumstances, recognize taxable income in the event that the Rights become exercisable for Common Stock (or other consideration) of the Company or for common stock of an Acquiring Person as set forth above. Evidence of Ownership Of Rights ------------------------------- Until the Separation Date, (i) the Rights will be evidenced by the Common Stock certificates and will be transferred only with such Common Stock certificates, (ii) new Common Stock certificates issued after September 26, 1997, will contain a notation incorporating the Rights Agreement by reference, and (iii) the surrender for transfer of any certificates for Common Stock will also constitute the transfer of the Rights associated with the Common Stock represented by such certificate. TO REPEAT, NO SEPARATE RIGHTS CERTIFICATES WILL BE DISTRIBUTED UNLESS AND UNTIL A SEPARATION DATE OCCURS. The Rights will expire at the close of business on September 26, 2007, unless extended or earlier redeemed by the Board as described below. After the Separation Date (except as otherwise provided above), Rights C...
Other Miscellaneous. (a) This Agreement shall be construed in accordance with the laws of the State of Texas. All or a portion of this Agreement is performable in Xxxxxxxxxx County, Texas, and therefore, the Parties agree that venue for any dispute related thereto shall be proper in the courts serving such county and state.
Other Miscellaneous. Additional types of construction equipment and associated small tools and accessories.
Other Miscellaneous. This Head Agreement records the entire agreement between the parties in relation to its subject matter and supersedes any prior negotiations and communications between the parties in connection with its subject matter, whether written or oral. Except where this Head Agreement expressly states otherwise, Finance or a Customer may, in its discretion, give conditionally or unconditionally or withhold any approval or consent. A Contractor may only assign its rights or novate its rights and obligations under this Head Agreement or a Contract with the prior written consent of Finance or the Customer. This Head Agreement may be executed in counterparts. All executed counterparts constitute one document. Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this Head Agreement and any transaction contemplated by it. A term or part of a term of this Head Agreement that is illegal or unenforceable may be severed from this Head Agreement and the remaining terms or parts of the terms of this Head Agreement continue in force. Waiver of any provision of or right under this Head Agreement: must be in writing signed by the party entitled to the benefit of that provision or right; and is effective only to the extent set out in any written waiver. This Head Agreement is governed by the Law of the Australian Capital Territory and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that jurisdiction.
Other Miscellaneous. Covenants You acknowledge and agree that:
