Basis of the Agreement Clause Samples
The "Basis of the Agreement" clause defines the fundamental terms and understandings upon which the contract is formed. It typically outlines the key representations, assumptions, and mutual intentions that both parties rely on when entering into the agreement, such as the accuracy of provided information or the scope of services to be delivered. By clearly stating these foundational elements, the clause helps prevent misunderstandings and disputes by ensuring both parties have a shared understanding of the contract's essential premises.
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Basis of the Agreement. THE LIMITATIONS PROVIDED ABOVE IN THIS SECTION 9 SHALL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF GRASS VALLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer acknowledges that Grass Valley has set its prices and entered into this Agreement in reliance upon the limitations of damages, waiver of consequential damages and disclaimers of warranties and damages set forth in this Agreement, and that the same form an essential basis of the bargain between Customer and Grass Valley. Customer agrees that the limitations, exclusions, or disclaimers in this Agreement will survive and apply even if the exclusive remedies set forth in this Agreement are found to have failed of their essential purpose.
Basis of the Agreement. 1.1 Phoenix Renewables Limited trading as Egg (we) will provide the credit to you by applying the Amount of Credit, as full payment for the Equipment and installation services when this Agreement has been signed by both you and us. The credit will not be paid to you.
1.2 In addition to this Agreement, the following terms will apply to you:
Basis of the Agreement. Respect for democratic principles and fundamental human rights, proclaimed by the Universal Declaration of Human Rights, underpins the domestic and external policies of both Parties and constitutes an essential element of this Agreement.
Basis of the Agreement. 2.1. This Agreement comes into effect from the Commencement date of the Contract.
2.2. The Company has requested and the Service Provider has accepted to provide the Services.
2.3. Nothing contained in this Agreement is to be construed in such a manner as to create an employment relationship.
2.4. This Service Level Agreement constitutes part of the Contract Agreement signed between the Company and the Service Provider.
Basis of the Agreement. 4.1 This agreement does not replace any agreements between the University of Johannesburg and the student or supervisor/employee and should be read in conjunction with the general rules governing the enrolment of a student, academic regulations and conditions of employment for employees.
4.2 The responsibilities and legitimate expectations of the supervisor (and co-supervisor(s) where applicable) and the student, respectively, are by and large applicable generically across all faculties.
4.3 By signing this Agreement the parties involved acknowledge that they have taken due cognizance of the contents of the Higher Degrees Policy and the Appendixes to this Agreement.
Basis of the Agreement. The SMSA reserves the right to refuse the hire of facilities to any applicant without assigning any reason for such refusal.
Basis of the Agreement. 2.1. This Agreement comes into effect from the Commencement date
2.2. The Company wishes the Service Provider to Services (Service and maintain Electronic Security Systems -CCTV and access control).
2.3. Nothing contained in this Agreement is to be construed in such a manner as to create an employment relationship.
2.4. This Service Level Agreement constitutes part of the Contract Agreement signed between the Company and the Service Provider.
Basis of the Agreement. The relationship between the parties shall be that of seller and buyer not that of principal and agent. The transaction is on a principle-to-principle basis notwithstanding anything to the contrary that may be contained in this agreement or any correspondence or letters between the parties. The Distributor hereby agrees with all the terms and conditions laid down with this agreement and the accompanied SCHEDULEs of the Company. The Company holds the right to his discretion to make any suitable changes in their SCHEDULE occasionally. Accordingly, the DISTRIBUTOR shall at no point hold himself out as an agent of the Company and the Company shall not be responsible for any act omission or commission on the part of the DISTRIBUTOR.
Basis of the Agreement. 3.1 This Agreement constitutes the complete and final expression of the entire and only understanding of the provision of Services from the Supplier to the Client regarding the subject matter of this Agreement and supersedes any prior written or oral representations.
3.2 Client agrees not to use the Services for any unlawful, fraudulent or abusive purpose. Supplier has the right to interrupt, suspend or terminate Services if it suspects that the Client is engaging in unlawful, fraudulent or abusive activity.
3.3 Supplier will use commercially reasonable efforts to keep its Services operational. There will be periods of downtime for maintenance, upgrades and other unexpected reasons. Supplier will attempt to provide at least 24 hours notice for scheduled maintenance or downtime.
3.4 Hosting infrastructure will be supplied by supplier partner DataVita Limited and all data will be hosted in the United Kingdom.
3.5 Supplier makes no guarantees or warranties as to uptime or availability of its services, however it is anticipated that uptime will be around 99.9%.
3.6 Client affirms that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with the terms and obligations of this agreement.
3.7 Supplier will make commercially reasonable efforts to provide a resolution designed for resolving a Support Request in accordance with the table below (Severity Levels). Due to the varied nature and complexity of problems associated with software and associated hardware, Supplier does not guarantee Errors will be fixed in a certain period of time. The Response Times are for diagnosing problems only. Errors will be resolved in line with severity, access availability, diagnosis, resourcing and any other terms as outlined within this Service Level Agreement.
3.8 Supplier is under no obligation to correct errors or provide help desk support once the Support Hours have been utilised.
3.9 Supplier must reproduce Client errors in order to resolve such issues. Client agrees to fully cooperate and to allocate necessary time in order to work closely with Supplier to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and appropriate.
3.10 Client shall be responsible for using the appropriate method of raising Support Requests to the Supplier. The Client is obligated to provide accurate and reliable informa...
Basis of the Agreement. (a) The Loan Application shall be deemed to constitute the basis of this agreement and of the loan advanced or to be advanced by the bank hereunder and the borrower hereby warrants the correctness of each and every statement and particulars therein contained and undertake to carry out the proposals therein set forth.
(b) The Borrower hereby agrees that the said advance shall be governed by the terms and conditions contained herein as well as those embodied in the loan sanction letter, Instrument of Hypothecation, Deed of Guarantee, and other loan and/or security documents except in so far as the loan/security documents may expressly or by necessary implication be modified by these presents.