Any changes or amendment to this Agreement, including a change or amendment of this clause, shall be made in writing signed by each of the Parties.
Each Party acknowledges that, by entering into this Agreement, it does not rely on any statement, representation, assurance or warranty of any other person (whether a Party or not) other than as expressly set out in this Agreement. This Agreement contains the entire agreement of the Parties related to its subject matter.
In the event that an individual provision of this Agreement is or becomes legally ineffective, the validity of the remainder of this Agreement shall remain unaffected thereby. The Parties are obliged within the scope of that which is reasonable to, in good faith, replace the ineffective provision by a valid provision which has the equivalent economic outcome provided that the content of the Agreement is not thereby materially changed.
All Exhibits to this Agreement shall be deemed an indispensable part of this Agreement and are included within the definition of Agreement used herein.
No Party shall be entitled to retain, deduct or withhold any payments or set-off any claim, save and except that (y) it is required by order of any court or arbitral tribunal; or (z) the other Party has given its approval for such retention or set-off in writing.
Neither Party shall make statements to the public or to administrative agencies in advertising or in other forms of communication and concerning the subject matter of this Agreement without the prior written consent of the other Party unless said statements are required by reason of applicable law such as securities requirements. Even in that case, each Party shall inform the other Party in writing and in good time before the statement concerned and shall come to agreement with the other Party, in each case to the extent permitted under applicable laws.
Except as provided above, the Parties shall jointly coordinate any press conference, press release, public statement or other publicity, if any, about the existence or contents of this Agreement, the transactions contemplated hereby, the Services or its subject matter (Public Communication). Any Public Communication must be mutually agreed upon in writing by the Parties.
Any notice or written communication provided for in the Agreement from one Party to the other Party shall be delivered by courier service delivered letter as follows:
|(a) || |
in the case of Fisker:
Fisker Group Inc.
Address: 1888 Rosencrans Avenue, Manhattan Beach, CA 90266, California, USA
Attention: Purchasing & Legal Departments
|(b) || |
in the case of Magna:
MAGNA STEYR Fahrzeugtechnik AG & Co KG
Address: Liebenauer Haupstrasse 317, 8041 Graz, Austria
Attention: Legal Department Magna Steyr
or to such other address as may from time to time be designated by either Party in accordance with this Article 62.