Entire Agreement; Amendments and Waivers; Successors and Assigns. The Agreement (and the proposal to which this is attached) constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the Party to be bound thereby. The failure of either Party to this Agreement to enforce any of its terms, provisions or covenants shall not be construed as a waiver of the same or of the right of such Party to enforce the same. Waiver by either Party hereto of any breach or default by any other Party of any term or provision of this Agreement shall not operate as a waiver of any other breach or default. The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. Notwithstanding the foregoing, the Client may not assign any part of this Agreement without the express written consent of MBCO.
Appears in 4 contracts
Samples: Agreement for Professional Engineering Services, Agreement, Agreement for Professional Engineering Services
