Miscellaneous Clause Example from Business Contracts

This example Miscellaneous clause appears in 2 contracts from 1 company

Miscellaneous. 12.1 Notice. Any notices to be given hereunder by either Party to the other may be effectuated, in writing, by personal delivery or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the parties at the following addresses: If to Company: Great Basin Corporation 2441 South 3850 West Salt Lake City, UT 84120 Attention: Ryan Ashton Fax: If to Rona: Jeffrey Rona Rona Capital, LLC 8338 Pawnee Lane, Niwot, CO 80503 or at such other ad...dresses as either Company or Rona may designate by written notice to each other. Notices delivered personally shall be deemed duly given on the date of actual receipt; mailed notices shall be deemed duly given as of the fourth day after the date so mailed. 12.2 Waiver of Breach. The waiver by either Party to a breach of any provision in this Agreement cannot operate or be construed as a waiver of any subsequent breach by either Party. 12.3 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed modified to the extent necessary to make it valid or enforceable, or if it cannot be so modified, then severed, and the remainder of the Agreement shall continue in full force and effect as if the Agreement had been signed with the invalid portion so modified or severed. 12.4 Choice of Law. This Agreement has been made and entered into in the State of Colorado and the laws of such State, excluding its choice of law rules, shall govern the validity and interpretation of this Agreement and the performance due hereunder 12.5 Integration. The drafting, execution and delivery of this Agreement by the Parties have been induced by no representations, statements, warranties or agreements other than those expressed herein. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof unless expressly referred to herein. 12.6 Modification. This Agreement may not be modified unless such is in writing and signed by both Parties to this Agreement. 12.7 Assignment. Rona shall not be permitted to assign this Agreement to any other person or entity without the prior written consent of Company. Rona hereby agrees that Company shall be permitted to assign this Agreement to any affiliate of Company. This Agreement shall be binding upon and shall inure to the benefit of the successors, heirs, and permitted assigns of the parties. 12.8 Survival. The provisions of Sections 6 (as applicable), 7, 8, 9, 10, 11, and 12, shall survive expiration or termination of this Agreement for any reason. Expiration or termination of this Agreement shall not relieve Company's obligations to pay any amounts that may then be due to Rona. View More