Common use of Effectiveness and Miscellaneous Clause in Contracts

Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution by or affixation with the seal of each party hereto. 2. During the term of this Agreement, any grace or extension granted by the Entrustor or the Lender to the Borrower or the surety or any delay of the Entrustor or the Lender in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor or the Lender under applicable law and this Agreement, nor be deemed a waiver by the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any obligations of the Borrower under this Agreement. 3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including the execution of any relevant contracts, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing. 4. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected or prejudiced. 5. Headings are inserted for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposes. 6. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement. 7. This Agreement shall be executed in four counterparts, with the Entrustor to hold one, the Lender to hold two and the Borrower to hold one, and each counterpart shall have the same legal effect.

Appears in 2 contracts

Sources: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)

Effectiveness and Miscellaneous. 120.1 Each party shall authorize a representative(s) for signature of this Contract. For the Seller Chemical Equipment Engineering Limited ▇▇▇▇▇▇▇ Schirsner is hereby authorized to sign this Contract. For the Buyer is hereby authorized to sign this contract. 20.2 This Agreement Contract shall become effective upon execution the signature by or affixation with the seal authorized persons stipulated in section 20.1 20.3 After the fulfillment of each party heretothis Contract, this Contract will remain valid beyond one (1) month after the expiry date of the warranty period. Any unsettled credit and debt under this Contract shall not be affected by the expiration of this Contract. The debtor shall effect its obligation of reimbursement to the creditor. 20.4 This Contract is made in English. This Contract is in four (4) originals, two (2. During ) for the term Buyer and two (2) for the Seller. 20.5 Appendices to this Contract are integral parts to this Contract and have the same legal force as the text of this AgreementContract itself. 20.6 All amendments, any grace or extension granted supplements and alternations to the terms and conditions of this Contract shall be made in written form and signed by the Entrustor authorized representatives according to paragraph 20.1. These documents shall be integral parts of this Contract. 20.7 No assignment of any right or obligation under this Contract shall be made by either party to a third party without prior written consent of the Lender other party. 20.8 The communication between the two parties shall be conducted in written form of Faxes or E-mail, and important matters shall be confirmed in due time by express mail 20.9 Each party shall bear its own costs and expenses occurred for the purpose of this Contract, including but not limited to the Borrower or travel, accommodation and etc. expenses for the surety or any delay design contact meetings. 20.10 In the event one of the Entrustor or the Lender in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor or the Lender under applicable law and this Agreement, nor be deemed a waiver by the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any obligations of the Borrower under this Agreement. 3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including the execution of any relevant contracts, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing. 4. If, at any time, any term provisions of this Agreement is or becomes illegal, invalid or unenforceable in any respectwhole or in part, the legalityremaining provisions shall maintain their validity. This shall also apply to any loophole within this Agreement. Instead of an invalid or unenforceable provision or to fill the loophole, validity or enforceability a reasonable provision shall apply which insofar as legally possible — comes closest to fulfilling the original intention the parties had considered upon conclusion of any other terms of this Agreement shall not be affected or prejudiced. 5. Headings are inserted for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposes. 6. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement. 7. This Agreement shall be executed in four counterparts, with the Entrustor to hold one, the Lender to hold two and the Borrower to hold one, and each counterpart shall have the same legal effect.

Appears in 2 contracts

Sources: Equipment Supply and Purchase Contract (ReneSola LTD), Equipment Supply and Purchase Contract (ReneSola LTD)

Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution by or affixation with the seal of each party hereto. 2. During the term of this Agreement, any grace or extension granted by the Entrustor or the Lender to the Borrower or the surety or any delay of the Entrustor or the Lender in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor or the Lender under applicable law and this Agreement, nor be deemed a waiver by the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any obligations of the Borrower under this Agreement. 3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including but not limited to the execution of any relevant contractsagreements, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing. 4. If, at any time, any term terms of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected or prejudiced. 5. Headings are inserted for convenience only and shall not be used for the construction of any provision of this Agreement or any other purposespurpose. 6. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement. 7. This Agreement shall be executed in four FOUR counterparts, with the Entrustor to hold oneONE counterpart, the Lender to hold two TWO counterparts and the Borrower to hold oneONE counterpart, and each counterpart shall have the same legal effect.

Appears in 2 contracts

Sources: Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.), Entrustment Loan Agreement (China Nepstar Chain Drugstore Ltd.)

Effectiveness and Miscellaneous. 1. This Agreement shall become effective upon execution by or affixation with the seal of each party hereto. 2. 11.1 During the term of cooperation, Party A's Related Administrative Measures shall constitute an integral part of this Agreement. Unless otherwise agreed, if there is any grace or extension granted by the Entrustor or the Lender to the Borrower or the surety or any delay of the Entrustor or the Lender in the exercise of its rights or interests under this Agreement shall neither prejudice, affect or limit any and all rights or interests of the Entrustor or the Lender under applicable law consistency between Party A's Related Administrative Measures and this Agreement, nor be deemed Party A's Related Administrative Measures shall prevail. 11.2 Unless otherwise agreed in this Agreement or Party A's Related Administrative Measures, all or a waiver by part of the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any and obligations of the Borrower Party B under this Agreement. 3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including the execution of any relevant contracts, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing. 4. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement shall not be affected assigned or prejudicedtransferred to any third party by any other means. If Party B transfers any portion of work to the third party in accordance with this Agreement or Party A's Related Administrative Measures, Party B shall take all the responsibilities arising from such transferred work. 5. Headings are inserted for convenience only and 11.3 Any provisions herein shall not be used interpreted as: (1) the two parties have created partnership or any other relations which may result in joint liabilities. (2) One party has authorized the other party to conduct any activities incurring costs or any other liabilities for the construction authorizing party (unless the prior written consent of the authorizing party is obtained). 11.4 Any party's failure to exercise or delay in exercising any provision of its rights under this Agreement will not operate as a waiver thereof; any party's exercise of all or a part of certain rights will not preclude further exercise of such rights. 11.5 If Party A and Party B have conducted cooperation on mobile Value Added Services or sign any similar agreement with regard to the Value Added Services under this Agreement, the two parties shall perform the provisions of this Agreement or any other purposesas of the date of this Agreement. The previous cooperation and agreement will terminate automatically. 6. 11.6 The exhibits hereto shall be appendixes of this Agreement constitute an integral part of this Agreement hereof and shall have be as authentic and valid as the same legal effect as main body of this Agreement. 711.7 After the expiry of the term of cooperation, to the extent that the contents of this Agreement are not changed, Party A may examine Party B's performance ability and qualifications. If Party A thinks that Party B has the ability to perform this Agreement and Party B's qualification satisfies the conditions for the continual performance of this Agreement, the term of cooperation shall be automatically extended after expiry and will be extended for a year each time; provided that the term may only be extended twice. During the extended period, the two parties will continue to abide by the terms of this agreement and the regulations of Party B's applicable administrative measures. 11.8 This Agreement shall be executed in four counterparts, with the Entrustor to duplicate. Party A and Party B will hold one, the Lender to hold two and the Borrower to hold oneone copy respectively, and each counterpart copy is equally authentic and valid. 11.9 This Agreement shall have take effect as of January 1, 2012 after the same legal effect.representatives/persons in charge or authorized persons of the two parties affix their signature and common seals hereto. Appendix: Appendix 1: Information Safety Guarantee Liability Statement Appendix 2: Anti-Commercial Bribery Guarantee Liability Statement Party A: Value-Added Service Operation Center of the China Telecom Corporation Limited Legal representative or authorized representative (signature) Party B: Beijing AirInbox Information Technologies Co., Ltd Legal representative or authorized representative (signature)

Appears in 1 contract

Sources: Mobile Value Added Service Agreement (Kongzhong Corp)

Effectiveness and Miscellaneous. 1. 22.1 Supplementary documents made in accordance with various principles set out in this Contract shall form an integral part hereof and shall be equally authentic as this Contract. 22.2 This Agreement Contract and its appendices shall be subject to the approval by the relevant approving authority and shall become effective upon execution by or affixation with on the seal date of each party heretoits approval. 222.3 Party A and Party B shall send notice as follows: Party A To: Harbin Tech.Full Industry Co., Ltd. Attention: Yang Tian Fu Address: ▇▇. During ▇▇, ▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ District Harbin, ▇▇▇ ▇▇▇▇ Jiang, China 150000 Fax No. (▇▇▇▇)-▇▇▇-▇▇▇▇▇▇▇▇ Party B To: Baldor Electric Company Attention: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Address: ▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇, ▇▇ St. Fort ▇▇▇▇▇, Arkansas ▇▇▇▇▇-▇▇▇▇ Fax No. +▇▇▇▇▇▇▇▇▇▇▇ 22.4 If any Party hereto wishes to change its address or fax number listed above, it shall notify the term other Parties hereto and the JVC 30 days prior to such change. If a notice is sent by facsimile, the date of this Agreementtransmission shall be deemed to be the date of receipt. If it is sent by hand, any grace or extension granted the date of personal delivery to the designated address shall be deemed to be the date of receipt. If it sent by airmail, the seventh (7th) day following the date on which it is mailed shall be deemed to be the date of receipt. 22.5 Matters not covered herein shall be set forth in separate written documents to be entered into by the Entrustor or the Lender to the Borrower or the surety or Party A and Party B through friendly consultation. 22.6 Even if any delay of the Entrustor Parties hereto fails to exercise or the Lender delays in the exercise exercising any of its rights or interests under this Agreement Contract, such failure or delay shall neither prejudicenot be construed as a waiver thereof. And any single or partial exercise thereof shall not prevent such Party from further exercise of such right or other rights. 22.7 Should any provision of this Contract become invalid, affect illegal or limit unenforceable for any reason, the Parties hereto shall agree to amend such provision so as to make it valid, legal and all rights or interests enforceable, and the validity and enforceability of the Entrustor or the Lender under applicable law and this Agreement, nor be deemed a waiver by the Entrustor or the Lender of any rights or interests under this Agreement, nor affect any obligations of the Borrower under this Agreement. 3. In response to its business or management needs, the Lender shall have the right to authorize or delegate any other branch of the Bank to exercise its rights and perform its obligations hereunder, including the execution of any relevant contracts, or to transfer the management of a Loan hereunder to any other branch of the Bank, in each case, without consent from the Borrower/Entrustor. The Borrower/Entrustor hereby acknowledges the foregoing. 4. If, at any time, any term of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other terms of this Agreement remaining provisions hereof shall not be affected or prejudicedthereby. 5. Headings are inserted for convenience only and 22.8 If any provisions hereof contravene those of the Articles of Association of the JVC the provisions hereof shall not be used for the construction of any provision of this Agreement or any other purposesprevail. 6. The exhibits hereto shall be an integral part of this Agreement and shall have the same legal effect as this Agreement. 7. This Agreement shall be executed in four counterparts, with the Entrustor to hold one, the Lender to hold two and the Borrower to hold one, and each counterpart shall have the same legal effect.

Appears in 1 contract

Sources: Joint Venture Contract (Harbin Electric, Inc)