Common use of Enforceability and Assignment Clause in Contracts

Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 5, if any part of the Agreement is held invalid that part may be severed from the Agreement. You or your User(s) cannot assign the Agreement or any of your or your User(s)’ rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Bark and you and your User(s) and defines all of the rights you have with respect to your Bark Phone(s) and Bark Wireless Service, except as provided by law, and you and your User(s) cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Bark Phone, services or content from a third party, you may have a separate agreement with the third party; Bark is not a party to that agreement. Any determination made by us pursuant to this Agreement shall be in our sole discretion. Any provision of the Agreement which by its nature would survive the termination or expiration of the Agreement, including without limitation provisions relating to intellectual property ownership, warranty disclaimers, confidentiality, limitation of liability, indemnity and the matters in the “Miscellaneous” section of these T&Cs, shall continue after termination of the Agreement.

Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 56, if any part of the Agreement is held invalid that part may be severed from the Agreement. You or your User(s) cannot assign the Agreement or any of your or your User(s)’ rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Bark and you and your User(s) and defines all of the rights you have with respect to your Bark Phone(s) and Bark Wireless Service, except as provided by law, and you and your User(s) cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Bark Phone, services or content from a third party, you may have a separate agreement with the third party; Bark is not a party to that agreement. Any determination made by us pursuant to this Agreement shall be in our sole discretion. Any provision of the Agreement which by its nature would survive the termination or expiration of the Agreement, including without limitation provisions relating to intellectual property ownership, warranty disclaimers, confidentiality, limitation of liability, indemnity and the matters in the “Miscellaneous” section of these T&Cs, shall continue after termination of the Agreement.