Agreement and Amendment. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between Parties and may not be amended except by a writing approved by the City Council of the City that is signed by all Parties and dated subsequent to the date hereof.
Agreement and Amendment. This Agreement may be supplemented by completed enrollment forms that we accept from you and such accepted enrollment forms will be considered part of this Agreement (enrollment forms may, for example, permit you to select from among various optional product features). This Agreement along with any schedules, supplemental attachments, enrollment forms, and applications specifically referenced herein constitute the entire agreement between the parties except for the terms of our deposit account agreements, which contain additional terms governing deposit accounts (collectively, the “Agreement”)). In the event of conflict between this Agreement and the deposit agreement, whichever provision is more protective of us shall control. It is the intent of the parties to negate the effect of trade usage and course of dealing in the construction and interpretation of this Agreement. The provisions of this Agreement may not be explained (interpreted), altered, supplemented, or qualified through evidence of trade usage or prior course of dealing. Except as provided in section 1.12 titled “Changes”, this Agreement cannot be amended except in writing signed by the parties. If the parties mutually agree to supplement or amend this Agreement in a separate written document that is signed by both parties and specifically references this Agreement, that separate document shall control to the extent that it is inconsistent with this Agreement; all other provisions of this Agreement shall remain in full force and effect.
Agreement and Amendment. 1. Amendment to Section 2 of the Purchase Agreement (Supplemental Properties). Section 2 of the Purchase Agreement is amended in the following respects.
Agreement and Amendment. This Joinder [No. 1] supplements and is cumulative and in addition to the Base Agreement and the Loan Documents entered into prior to the Amendment Date. The provisions of this Joinder [No. 1] nevertheless shall govern and control over conflicting or inconsistent provisions in the Base Agreement and in the Loan Documents as in effect prior to the Amendment Date, but except as expressly modified by this Joinder [No. 1], all provisions of the Base Agreement and other Loan Documents remain unmodified and in full force and effect. Borrowers (meaning WP Propco and ______) each acknowledge, ratify, reaffirm, confirm, and agree to all of the terms, covenants and conditions of the Base Agreement and all Loan Documents, as amended by this Joinder [No. 1].
Agreement and Amendment. The Agreement establishes certain financial and operational terms for: physical interconnection between the Petitioners’ networks based on mutual unbundled access to Ameritech’s network elements, including Ameritech’s operations support systems functions; collocation; resale; and a variety of other business relationships. The Agreement expires December 11, 2003. Absent the receipt by one party of written notice from the other party at least within 180 days prior to the expiration of the initial term to the effect that such party does not intend to extend the initial term, the Agreement shall remain in full force and effect on and after the expiration of the initial term until terminated by either party. As indicated above, the amendment to the Agreement specifically modifies the underlying Agreement by replacing the Appendix Performance Measurements in the underlying Agreement. The new Appendix Performance Measurements incorporates by reference the performance measurements, performance remedy plan, and associated business rules developed pursuant to the merger conditions, including the modifications to the performance remedy plan ordered by this Commission in its July 10, 2002 Order in Docket No. 01-0120, otherwise known as the Illinois Remedy Plan. Except as modified in the amendment, all other terms and conditions of the underlying Agreement remain unchanged and in full force and effect, including the existing expiration date of the Agreement.
Agreement and Amendment. 16.1 This Agreement constitutes the complete expression of the agreement and understanding between the Parties with respect to the subject matter herein and supersedes all other prior agreements, obligations, promises, arrangements, communications, negotiations and undertakings, whether oral and / or written, with respect to the subject matter hereof.
Agreement and Amendment. This Agreement contains the entire agreement between the parties relating to the subject matter hereof. This Agreement may be amended only by a later written agreement signed by both parties.
Agreement and Amendment. This Contract contains the complete agreement between the Purchaser and the Supplier with respect to the matters contained herein and supersedes all other agreements, whether written or oral, with respect to the matters contained therein. No modification, amendment, or other change of this Contract will be binding on any Party unless consented to in writing by both Parties. In entering into this Contract no party may rely on any representation, warranty, collateral contract or other assurance (except those set out in this Contract) made by or on behalf of any other Party before the signature of this Contract and each of the Parties waives all rights and remedies which, but for this Sub-Clause, might otherwise be available to it in respect of such representation, warranty, collateral contract or other assurance; provided that nothing in the Sub-Clause shall limit or exclude any liability for fraud.
Agreement and Amendment. 1. The Parties agree the recitals above are accurate.
Agreement and Amendment. In consideration of the mutual promises contained in the Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Noble and Teton agree as follows:
