Miscellaneous Clause Example with 6 Variations from Business Contracts

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. 3 b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be seve...red from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. d. This Note may not be modified or amended in any respect except in a writing executed by the party to be charged. e. Maker and Holder acknowledge that they have consulted with or have had the opportunity to consult with independent legal counsel prior to executing this Note. This Note has been freely negotiated by Maker and Holder and any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Note. f. Time is of the essence. g. In the event that shares are conve11ed, they will automatically be deemed as free trading shares 6 months from the date of this note. View More

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be severe...d from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. d. This Note may not be modified or amended in any respect except in a writing executed by the party to be charged. e. Time is of the essence. 3 14. Notices. All notices required to be given under this Note shall be given to each of the parties at such address as a party may designate by written notice to the other party. Notices may be transmitted by facsimile, certified mail, private delivery, or any other commercially reasonable means, and shall be deemed given upon receipt by the Party to whom they are addressed. View More

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be severe...d from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. d. This Note may not be modified or amended in any respect except in a writing executed by the party to be charged. e. Time is of the essence. 15. Notices. All notices required to be given under this Note shall be given at such address as a party may designate by written notice to the other party. Notices may be transmitted by facsimile, certified mail, private delivery, or any other commercially reasonable means, and shall be deemed given upon receipt by the Party to whom they are addressed. View More

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be severe...d from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. Page 3 of 4 d. This Note may not be modified or amended in any respect except in a writing executed by the party to be charged. e. Time is of the essence. View More

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be severe...d from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. d. This Note may not be modified or amended in any respect except in a writing executed by the party to be charged. e. Neither party may assign this Note without the express written consent of the other party. 5 f. Time is of the essence. View More

Miscellaneous. a. This Note shall be binding upon Maker and shall inure to the benefit of Holder and its successors, assigns, heirs, and legal representatives. b. Any failure or delay by Holder to insist upon the strict performance of any term, condition, covenant or agreement of this Note, or to exercise any right, power or remedy hereunder shall not constitute a waiver of any such term, condition, covenant, agreement, right, power or remedy. c. Any provision of this Note that is unenforceable shall be severe...d from this Note to the extent reasonably possible without invalidating or affecting the intent, validity or enforceability of any other provision of this Note. d. This Note may not be modified or amended in any respect except as provided in a writing that certain Note and Warrant Purchase Agreement executed by the party to be charged. concurrently herewith. e. Time is of the essence. View More