Common use of Assignment, Waiver, Entire Agreement, Severability Clause in Contracts

Assignment, Waiver, Entire Agreement, Severability. Neither party shall assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Xxxxxx may terminate this Agreement upon written notice to Purchaser without any further liability to Purchaser if there is a change of control of Purchaser, which shall mean any acquisition of substantially all of Purchaser’s assets, or the acquisition of 30% or more ownership in Purchaser’s company by a third party. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by an authorized officer of Xxxxxx. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial precedent or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable.

Appears in 3 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

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Assignment, Waiver, Entire Agreement, Severability. Neither party shall assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Xxxxxx MANDALS may terminate this Agreement upon written notice to Purchaser without any further liability to Purchaser if there is a change of control of Purchaser, which shall mean any acquisition of substantially all of Purchaser’s assets, or the acquisition of 30% or more ownership in Purchaser’s company by a third party. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by an authorized officer of XxxxxxMANDALS. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial precedent or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable.

Appears in 3 contracts

Samples: Entire Agreement, Entire Agreement, Entire Agreement

Assignment, Waiver, Entire Agreement, Severability. Neither party shall assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Xxxxxx AIP may terminate this Agreement upon written notice to Purchaser without any further liability to Purchaser if there is a change of control of Purchaser, which shall mean any acquisition of substantially all of Purchaser’s assets, or the acquisition of 30% or more ownership in Purchaser’s company by a third party. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by an authorized officer of XxxxxxAIP. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial precedent or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Assignment, Waiver, Entire Agreement, Severability. Neither party shall assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Xxxxxx MANDALS may terminate this Agreement upon written notice to Purchaser without any further liability to Purchaser if there is a change of control of Purchaser, which shall mean any acquisition of substantially all of Purchaser’s assets, or the acquisition of 30% or more ownership in Purchaser’s company by a third party. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by an authorized officer of XxxxxxMANDALS. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial precedent or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable.found

Appears in 1 contract

Samples: Entire Agreement

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Assignment, Waiver, Entire Agreement, Severability. Neither party shall assign or delegate any of its rights or obligations under this Agreement without the prior written consent of the other party, which such consent shall not be unreasonably withheld, except that either party may assign or delegate its rights or obligations hereunder to an Affiliate without the other party’s consent. As used herein, the term “Affiliate” shall mean any entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with the entity specified. Xxxxxx CDI may terminate this Agreement upon written notice to Purchaser without any further liability to Purchaser if there is a change of control of Purchaser, which shall mean any acquisition of substantially all of Purchaser’s assets, or the acquisition of 30% or more ownership in Purchaser’s company by a third party. The Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written representations or agreements by the parties with respect to the subject matter of this Agreement. Neither the Agreement nor any of its provisions may be modified, amended or waived, whether orally, through the parties’ course of performance, course of dealing or course of conduct, or manifested in any other way, unless in writing and signed by an authorized officer of XxxxxxCDI. It is the express intention of the parties that such requirement for written modifications, amendments or waivers be strictly enforced notwithstanding judicial precedent or statutory provisions to the contrary. Any provision found invalid or unenforceable will not affect the validity or enforceability of any other provision and the invalid provision may be judicially modified to the extent enforceable.. The terms and conditions have been read and approved by me, a representative of the company authorized to approve policy and commit the company to contractual agreements, on the date indicated below: Business Name Tax ID Signature Printed Name

Appears in 1 contract

Samples: 8943767.fs1.hubspotusercontent-na1.net

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