ADES » Topics » Article 34. Miscellaneous Provisions

These excerpts taken from the ADES 10-Q filed Nov 7, 2008.

Article 34. Miscellaneous Provisions

Third-Party Beneficiaries. Except as provided in Article 25, and except with respect to Purchaser’s lenders in connection with the financing for the Project, these provisions are for the benefit of the Parties hereto and not for any other third party.

Export Control. All sales hereunder of U.S.-origin goods and related technical data shall at all times be subject to the export control laws and regulations of the U.S. Government and any amendments thereof. Purchaser shall not make any disposition by way of transshipment, export, diversion or otherwise, except as such laws and regulations may expressly permit, of U.S.-origin goods and related technical data supplied by Seller.

Survival. The Articles with the following titles shall survive termination of this Contract: Taxes, Intellectual Property, General Indemnity, Limitation of Liability, Proprietary Information and Miscellaneous Provisions.

Non-Waiver. Waiver by either Party of any right under this Contract shall not be deemed a continuing waiver or a waiver of any other right hereunder by such Party.

Invalidity. The invalidity in whole or in part of any part of this Contract shall not affect the validity of the remainder of this Contract, and the Parties request the applicable tribunal to construe and conform the invalid part to most closely reflect the intent of the Parties.

Counterparts. This Contract may be signed in any number of counterparts, each of which shall constitute one and the same instrument.

Article 34. Miscellaneous Provisions

Third-Party Beneficiaries. Except as provided in Article 25, and except with respect to Purchaser’s lenders in connection with the financing for the Project, these provisions are for the benefit of the Parties hereto and not for any other third party.

Export Control. All sales hereunder of U.S.-origin goods and related technical data shall at all times be subject to the export control laws and regulations of the U.S. Government and any amendments thereof. Purchaser shall not make any disposition by way of transshipment, export, diversion or otherwise, except as such laws and regulations may expressly permit, of U.S.-origin goods and related technical data supplied by Seller.

Survival. The Articles with the following titles shall survive termination of this Contract: Taxes, Intellectual Property, General Indemnity, Limitation of Liability, Proprietary Information and Miscellaneous Provisions.

Non-Waiver. Waiver by either Party of any right under this Contract shall not be deemed a continuing waiver or a waiver of any other right hereunder by such Party.

Invalidity. The invalidity in whole or in part of any part of this Contract shall not affect the validity of the remainder of this Contract, and the Parties request the applicable tribunal to construe and conform the invalid part to most closely reflect the intent of the Parties.

Counterparts. This Contract may be signed in any number of counterparts, each of which shall constitute one and the same instrument.

Article 34. Miscellaneous Provisions

Third-Party Beneficiaries. Except as provided in Article 25, and except with respect to Purchaser’s lenders in connection with the financing for the Project, these provisions are for the benefit of the Parties hereto and not for any other third party.

Export Control. All sales hereunder of U.S.-origin goods and related technical data shall at all times be subject to the export control laws and regulations of the U.S. Government and any amendments thereof. Purchaser shall not make any disposition by way of transshipment, export, diversion or otherwise, except as such laws and regulations may expressly permit, of U.S.-origin goods and related technical data supplied by Seller.

Survival. The Articles with the following titles shall survive termination of this Contract: Taxes, Intellectual Property, General Indemnity, Limitation of Liability, Proprietary Information and Miscellaneous Provisions.

Non-Waiver. Waiver by either Party of any right under this Contract shall not be deemed a continuing waiver or a waiver of any other right hereunder by such Party.

Invalidity. The invalidity in whole or in part of any part of this Contract shall not affect the validity of the remainder of this Contract, and the Parties request the applicable tribunal to construe and conform the invalid part to most closely reflect the intent of the Parties.

Counterparts. This Contract may be signed in any number of counterparts, each of which shall constitute one and the same instrument.

 

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Article 34. Miscellaneous Provisions

Third-Party Beneficiaries. Except as provided in Article 25, and except with respect to Purchaser’s lenders in connection with the financing for the Project, these provisions are for the benefit of the Parties hereto and not for any other third party.

Export Control. All sales hereunder of U.S.-origin goods and related technical data shall at all times be subject to the export control laws and regulations of the U.S. Government and any amendments thereof. Purchaser shall not make any disposition by way of transshipment, export, diversion or otherwise, except as such laws and regulations may expressly permit, of U.S.-origin goods and related technical data supplied by Seller.

EXCERPTS ON THIS PAGE:

10-Q (4 sections)
Nov 7, 2008
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