16Entire Agreement Sample Clauses

16Entire Agreement. The terms contained in this Agreement and its Attachments and the other documents or instruments referred to herein are hereby incorporated into this Agreement by reference as if set forth fully herein and, constitute the entire Agreement between the Parties with respect to the subject matter hereof, superseding all prior understandings, proposals and other communications, oral or written. Neither Party shall be bound by any preprinted terms additional to or different from those in this Agreement that may appear subsequently in the other Party’s form documents, purchase orders, quotations, acknowledgments, invoices or other communications. This Agreement may only be modified in writing signed by an officer of each party.

16Entire Agreement. These Standard Terms, including the MSA, any Services Schedules, any Additional Third-Party Terms that are included in the Service Schedules and the Policies contain the entire understanding of the Parties hereto with respect to the subject matter hereof and thereof. There are no agreements, understandings, arrangements, promises, covenants, or undertakings (oral or written) other than those expressly set forth herein and therein. This Agreement executed by the Parties supersede and replace in their entirety any and all other prior and contemporaneous agreements, arrangements, promises, covenants, or undertakings, whether oral, written, or implied, if any, between the Parties hereto with respect to the subject matter hereof or thereof. [Remainder of this page left intentionally blank] This Cloud and Managed Services Schedule is attached and subject to the terms and conditions of the Master Services Agreement by and between INAP and Customer and governs Customer’s access to and use of the Software, Managed Services, and Online Services. All capitalized terms not defined in this Cloud and Managed Services Schedule shall have meanings given in the Standard Terms.

16Entire Agreement. This Agreement, the Transaction Agreements, and the documents referred to herein constitute the entire agreement among the parties hereto pertaining to the subject matter hereof, and any and all other written or oral agreements relating to the subject matter hereof existing between the parties hereto are expressly canceled.

16Entire Agreement. This Audit Agreement, including all incorporated documents, constitutes the entire agreement between the parties. No agent, representative, employee or officer of Owner or ESP has the authority to make, or has made, any statement, agreement or representation, oral or written, in connection with this Audit Agreement, which in any way can be deemed to modify, add to or detract from, or otherwise change or alter its terms and conditions. No negotiations between the parties, nor any custom or usage, shall be permitted to modify or contradict any of the terms and conditions of this Audit Agreement. No modifications, alterations, changes, or waiver to this Audit Agreement or any of its terms shall be valid or binding unless accomplished by a written amendment signed by both parties. The following documents are incorporated in, and made a part of, this Audit Agreement: Attachment A – Project Sites Attachment B – Owner Preferences Attachment C – GEFA Management Fee Schedule Attachment D – Insurance Attachment E-1 – Project Cost Installation Form Attachment E-2 – Project Services Cost Form Attachment F – Form of Implementation Cost by Energy Conservation Measure Attachment G – Form of First Year Estimated Annual Cost Savings by ECM Attachment H – Form of GESPC Cash Flow Summary Appendix I – Application of Certain Labor Provisions

16Entire Agreement. THIS AGREEMENT AND THE OTHER DOCUMENTS AND INSTRUMENTS EXECUTED AND DELIVERED IN CONNECTION HEREWITH (A) EMBODY THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES HERETO AND THERETO RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF, (B) SUPERSEDE ANY AND ALL PRIOR AGREEMENTS AND UNDERSTANDINGS OF SUCH PERSONS, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF, INCLUDING, WITHOUT LIMITATION, THE COMMITMENT LETTER FROM FIRST UNION TO THE BORROWER DATED MAY 21, 1998, BUT SPECIFICALLY EXCLUDING THE FEE LETTER, AND (C) MAY NOT BE AMENDED, SUPPLEMENTED, CONTRADICTED OR OTHERWISE MODIFIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.

16Entire Agreement. This Agreement, together with the Warrants, contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms of this Agreement control and supersede any provision in the Warrants concerning the duties, obligations and immunities of the Warrant Agent. ​ ​ ​ ​ 37 ​ ​ ​ ​ ​ ​

16Entire Agreement. This Agreement sets forth the entire understanding and agreement of the Parties hereto, and supersedes all other agreements and understandings (written or oral) among the Parties with respect to the subject matter hereof and thereof.

16Entire Agreement. These Standard Terms, including the MSA, any Services Schedules, any Additional Third-Party Terms that are included in the Service Schedules and the Policies contain the entire understanding of the Parties hereto with respect to the subject matter hereof and thereof. There are no agreements, understandings, arrangements, promises, covenants, or undertakings (oral or written) other than those expressly set forth herein and therein. This Agreement executed by the Parties supersede and replace in their entirety any and all other prior and contemporaneous agreements, arrangements, promises, covenants, or undertakings, whether oral, written, or implied, if any, between the Parties hereto with respect to the subject matter hereof or thereof. This Cloud and Managed Services Schedule is attached and subject to the terms and conditions of the Master Services Agreement by and between INAP and Customer and governs Customer’s access to and use of the Software, Managed Services, and Online Services. All capitalized terms not defined in this Cloud and Managed Services Schedule shall have meanings given in the Service Terms.

16Entire Agreement. This Agreement, those documents expressly referred to herein (including the Registration Rights Agreement), any indemnity agreements entered into in connection with the Second Amended and Restated LLC Agreement with any member of the board of managers at that time and other documents of even date herewith embody the complete agreement and understanding among the parties and supersede and preempt any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way. For the avoidance of doubt, the Second Amended and Restated LLC Agreement is superseded by this Agreement as of the Effective Time and shall be of no further force and effect thereafter.

16Entire Agreement. HCA and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 7.43, Warranties.