- WAIVER AND REMEDIES
- No waiver of any provision of this Agreement shall be valid unless expressly made in writing and signed by the Party to be charged therewith. The waiver of a breach of any provision of this Agreement shall not be deemed to constitute a waiver of any other or subsequent breach of the same or any other provision hereof.
- No failure or delay by the Parties in exercising any right or remedy provided by Law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the Parties under or pursuant to this Agreement are cumulative, may be exercised as often as such party considers appropriate and are in addition to its rights and remedies under the general Laws.
- SEVERABILITY
If any term or provision of this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected. Further, the severed provision shall be replaced by such provisions as may be mutually agreed by the Parties, in compliance with applicable Law, to reflect the intent and commercial understanding between the Parties.
- COST AND EXPENSES
Any notice, document, or communication shall be deemed to be duly given or made when delivered (in the case of personal delivery), at the time of transmission (in the case of electronic mail), or (3) Days after being dispatched in the post, postage prepaid, by the most efficient form of mail available and by registered mail if available (in the case of a letter) to such Party at its address specified in Clause 10.4, or at such other address as such Party may hereafter specify for such purpose to the other Parties hereto by notice in writing.
- DELIVERY
Any notice, document, or communication shall be deemed to be duly given or made when
delivered (in the case of personal delivery), at the time of transmission (in the case of electronic
mail), or (3) Days after being dispatched in the post, postage prepaid, by the most efficient form
of mail available and by registered mail if available (in the case of a letter) to such Party at its
address specified in Clause 10.4, or at such other address as such Party may hereafter specify
for such purpose to the other Parties hereto by notice in writing
- VARIATION
No variation including any, novation, amendment, supplement, deletion or replacement of this Agreement (or of any of the documents referred to in this Agreement) shall be valid unless it is made by an instrument in writing and signed by each Party.
- COUNTERPARTS
This Agreement may be executed in any number of counterparts and by the Parties to it on separate counterparts, each of which shall be deemed to be an original but all of which shall constitute the same instrument.
- PRIVITY OF CONTRACT
Save as otherwise expressly provided in this Agreement, any Person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.
- ENTIRE AGREEMENT
The Parties acknowledge that this Agreement along with the schedules, annexures attached thereto, if any, constitute the complete understanding between the Parties with regard to rendering of Services and shall supersede all previous communications, either oral or written, between the Parties with respect to the subject matter hereof, and no agreement or understanding varying or extending the same shall be binding upon any Party, unless in writing signed by a duly authorized officer or representative thereof. It is expressly agreed that the terms of this Agreement shall supersede the terms in any purchase order or other documents executed between the parties with reference to the Services