INTO ANY OBLIGATION OR ANY
CONTRACT ON BEHALF OF COMPANY AND/OR WHICH MAY BIND COMPANY, UNLESS SO
INSTRUCTED BY COMPANY IN WRITING AND IN ADVANCE.
21.4.
FAILURE OF EITHER PARTY TO ENFORCE ANY RIGHT
HEREUNDER SHALL NOT WAIVE ANY RIGHT IN RESPECT OF THE SAME OR OTHER FUTURE
OCCURRENCES.
21.5.
IN CASE ANY ONE OR MORE OF THE PROVISIONS OF THIS
AGREEMENT SHALL BE HELD INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT UNDER
ANY APPLICABLE LAW, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING
PROVISIONS CONTAINED HEREIN, INCLUDING THE AFFECTED PROVISION TO THE EXTENT
VALID, LEGAL AND ENFORCEABLE, SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED
THEREBY.
21.6.
THE HEADINGS OF THIS AGREEMENT ARE FOR EASE OF
REFERENCE ONLY AND SHALL NOT GOVERN OR AFFECT THE CONSTRUCTION HEREOF.
21.7.
THE TERMS AND CONDITIONS HEREIN CONTAINED,
CONSTITUTE THE ENTIRE AND ONLY AGREEMENT BETWEEN THE PARTIES HERETO WITH RESPECT
TO THE SUBJECT MATTER HEREOF AND SHALL SUPERSEDE ALL PREVIOUS COMMUNICATIONS,
REPRESENTATIONS AND/OR AGREEMENT, EITHER WRITTEN OR ORAL, BETWEEN THE PARTIES IN
RESPECT OF SUCH SUBJECT MATTER.
NO MODIFICATION OF SAID TERMS AND CONDITIONS
SHALL BE BINDING UNLESS AGREED UPON IN WRITING AND SIGNED BY BOTH PARTIES.
21.8.
THE PREAMBLE TO THIS AGREEMENT AND ALL THE
APPENDICES ATTACHED THERETO SHALL BE DEEMED INCORPORATED BY REFERENCE HEREIN AND
SHALL FORM AN INTEGRAL PART HEREOF.
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21.9.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF ISRAEL AND THE PARTIES HEREBY SUBMIT
TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF THE CITY OF TEL-AVIV,
TO THE EXCLUSION OF ANY OTHER JURISDICTION.
21.10.
ANY NOTICE AND/OR DOCUMENTS REQUIRED OR PERMITTED TO BE
SUBMITTED BY EITHER PARTY TO THE OTHER UNDER THIS AGREEMENT, SHALL BE IN WRITING
TO THE PARTY'S RESPECTIVE ADDRESSES SET FORTH IN THE PREAMBLE OF THIS AGREEMENT,
OR TO ANY OTHER ADDRESS, AS EITHER PARTY MAY DESIGNATE BY GIVING A WRITTEN
NOTICE TO THE OTHER, AND BE DEEMED EFFECTIVELY DELIVERED:
21.10.1.
IF DELIVERED PERSONALLY, UPON THE DATE OF DELIVERY;
21.10.2.
IF REGISTERED MAILED, WITHIN 4 (FOUR) WORKING DAYS FROM THE
DISPATCH THEREOF;
21.10.3.
IF DELIVERED BY FACSIMILE, WITHIN 24 (TWENTY FOUR) WORKING
HOURS FROM THE DISPATCH THEREOF.
IN WITNESS WHEREOF, the Parties have signed this Agreement on the date first
hereinabove written.
Vision-Sciences, Inc.
Three BY Ltd.
[SEAL]
By:
/s/Ron Hadani
By:
Nahum Silvio, Adv. and /s/Zvi Haim
Title: President and CEO
Titles: Director and General Manager
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