Entire Agreement; Amendment, Etc. 16.1 This Agreement, including the Appendices attached hereto, states the entire agreement of the parties with respect to management of the Account and no variation to this Agreement shall be effective unless amended by a writing signed by the parties hereto.
16.2 In the event that any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement. Notwithstanding the foregoing, in the event of such deletion the parties shall negotiate in good faith in order to agree to the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
Entire Agreement; Amendment, Etc. This Agreement together with the schedules and exhibits hereto comprise the entire agreement of the parties and may not be amended or modified except by written agreement of Borrower and Agent executed in conformance with the terms hereof. No provision of this Agreement may be waived except in writing and then only in the specific instance and for the specific purpose for which given.
Entire Agreement; Amendment, Etc. This Agreement and the other Loan Documents comprise the entire agreement of the parties and may not be amended or modified except by written agreement of the Borrower, the Agent and each Lender. No provision of this Agreement may be waived except in writing and then only in the specific instance and for the specific purpose for which given.
Entire Agreement; Amendment, Etc. This Agreement is the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, agreements and discussions between them, oral or written, with respect to such subject matter. This Agreement shall not be modified or amended except by a written instrument, signed by the parties hereto. All remedies specified herein or otherwise available shall be cumulative and in addition to any and every other remedy provided hereunder or now or hereafter available at law or in equity. No waiver or failure to act with respect to any breach or default hereunder, whether or not the other party has notice thereof, shall be deemed to be a waiver with respect to any subsequent breach or default, whether of similar or different nature.
Entire Agreement; Amendment, Etc. This Agreement, including the Appendices attached hereto, states the entire agreement of the parties with respect to management of the Account and may not be amended except by a writing signed by the parties. If any provision or any part of a provision of this Agreement shall be found to be void or unenforceable, it shall not affect the remaining part which shall remain in full force and effect. All terms used but not defined in the Appendices shall have the meaning ascribed to herein.
Entire Agreement; Amendment, Etc. This Agreement together with the exhibits hereto comprises the entire agreement of the parties and may not be amended or modified except by written agreement of the Borrower and the Agent. No provision of this Agreement may be waived except in writing and then only in the specific instance and for the specific purpose for which given.
Entire Agreement; Amendment, Etc. As used in this XXXX, the term “Agreement” means (i) this XXXX, (ii) TopQuadrant’s order schedule, TopQuadrant’s support and maintenance agreement, or any other document or documents agreed in writing by TopQuadrant and evidencing TopQuadrant’s and Customer’s agreement regarding the TopQuadrant software products to be licensed to Customer, the license fees, the number of licensed users (in the case of server-side products), and any other products or services to be provided by TopQuadrant (the “Order Documents”), (ii) any documents or agreements referenced in this XXXX, and (iii) any amendments to any of the foregoing. The Agreement contains the entire agreement and understanding of the parties with respect to the matters addressed in the Agreement, and supersedes all prior written and oral understandings of the parties with respect to those matters. The Agreement may be amended only by a document in writing signed by both parties. If, for any reason, any provision of the Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of the Agreement, and the Agreement shall continue in full force and effect to the fullest extent allowed by law. The failure of either party at any time to require performance of any provision hereof shall in no manner affect such party’s right at a later time to enforce the same or any other term of the Agreement.
Entire Agreement; Amendment, Etc. This Agreement and the other Loan Documents to which Borrower is a party comprise the entire agreement of the parties hereto and may not be amended or modified except by written agreement of Borrower and Lender. No provision of this Agreement or any other Loan Document may be waived except in writing and then only in the specific instance and for the specific purpose for which given.
Entire Agreement; Amendment, Etc. This Guaranty comprises the complete, final and integrated agreement of the parties hereto on the subject matter hereof and supersedes all prior agreements, written or oral, on such subject matter. This Guaranty may not be amended or modified except by written agreement of each Lender, the Agent and Guarantor, and no provision of this Guaranty may be waived except in writing and then only in the specific instance and for the specific purpose for which given.
Entire Agreement; Amendment, Etc. The Loan Documents comprise the entire agreement of the parties and may not be amended or modified except by written agreement of Borrower and Agent executed in conformance with the terms of Section 8.1. No provision of this Agreement or any other Loan Document may be waived except in writing and then only in the specific instance and for the specific purpose for which given. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
