Common use of Entire Agreement; Amendment; Execution Clause in Contracts

Entire Agreement; Amendment; Execution. (a) This Agreement constitutes the entire and final agreement and understanding between Xxxxxxxx and WinStar with respect to the subject matter hereof and supersedes all prior agreements (oral or written) relating to the subject matter hereof, which are of no further force or effect (including, in particular, the Customer Services Agreement between Xxxxxxxx and WinStar GoodNet, dated July 16, 1998, Contract Number 98R0675.00, provided that any undisputed payment obligations accruing prior to the Effective Date, shall be due and owing under the terms of this Agreement). The Exhibits referred to herein are integral parts hereof and are made a part of this Agreement by reference. (b) This Agreement may only be amended, modified, or supplemented by an instrument in a single writing executed by duly authorized representatives of Xxxxxxxx and WinStar. No such amendment, modification, or supplement shall result in any modification of (i) any indemnity benefiting any Facility Owners/Lenders or their respective Affiliates or (ii) any limitation of liability or recourse benefiting any Released Parties that is adverse to such Released Parties. (c) This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. (d) This Agreement may be duly executed and delivered by a party by execution and facsimile delivery of the signature page of a counterpart to the other party, provided that, if delivery is made by facsimile, the executing party shall promptly deliver a complete counterpart that it has executed to the other party. (e) Unless otherwise expressly permitted in this Agreement, Xxxxxxxx shall not make any changes to the Exhibits or Schedules attached hereto that may have a material adverse impact on the performance or usability of the Telecommunications Services, Additional Services or Other Services without WinStar's prior written consent.

Entire Agreement; Amendment; Execution. (a) This Agreement constitutes the entire and final agreement and understanding between Xxxxxxxx and Willxxxx xxd WinStar with respect to the subject matter hereof and supersedes all prior agreements (oral or written) relating to the subject matter hereof, which are of no further force or effect (including, in particular, the Customer Services Agreement between Xxxxxxxx and Willxxxx xxx WinStar GoodNet, dated July 16, 1998, Contract Number 98R0675.00, provided that any undisputed payment obligations accruing prior to the Effective Date, shall be due and owing under the terms of this Agreement). The Exhibits referred to herein are integral parts hereof and are made a part of this Agreement by reference. (b) This Agreement may only be amended, modified, or supplemented by an instrument in a single writing executed by duly authorized representatives of Xxxxxxxx and Willxxxx xxd WinStar. No such amendment, modification, or supplement shall result in any modification of (i) any indemnity benefiting any Facility Owners/Lenders or their respective Affiliates or (ii) any limitation of liability or recourse benefiting any Released Parties that is adverse to such Released Parties. (c) This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. (d) This Agreement may be duly executed and delivered by a party by execution and facsimile delivery of the signature page of a counterpart to the other party, provided that, if delivery is made by facsimile, the executing party shall promptly deliver a complete counterpart that it has executed to the other party. (e) Unless otherwise expressly permitted in this Agreement, Xxxxxxxx Willxxxx shall not make any changes to the Exhibits or Schedules attached hereto that may have a material adverse impact on the performance or usability of the Telecommunications Services, Additional Services or Other Services without WinStar's prior written consent.