Common use of Entire Agreement; Amendments; Binding Effect Clause in Contracts

Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the parties hereto with respect to the Premises and all other matters contained in this Lease and this Lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Lease shall be deemed to have been waived by either party unless such waiver be in writing signed by such party and addressed to the other party, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party to insist upon the performance by the other party in strict accordance with the terms hereof. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided.

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

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Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the parties hereto with respect to the Premises and all other matters contained in this Lease and this Lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Lease shall be deemed to have been waived by either party Landlord unless such waiver be in writing signed by such party Landlord and addressed to the other partyTenant, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party Landlord to insist upon the performance by the other party Tenant in strict accordance with the terms hereof. No payment by Tenant or receipt by Landlord of a lesser amount than the Monthly Rental Installment or additional rental, which may then be due under this Lease, shall be deemed to be other than on account of the earliest rent due hereunder, nor shall any statement or endorsement on any check or in any letter accompanying any check or payment of rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided.

Appears in 1 contract

Samples: Lease Agreement (Brigham Exploration Co)

Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the parties hereto with respect to the Premises and all other matters contained in this Lease and this Lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Lease shall be deemed to have been waived by either party Landlord unless such waiver be in writing signed by such party Landlord and addressed to the other partyTenant, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party Landlord to insist upon the performance by the other party Tenant in strict accordance with the terms hereof. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and legal representativesreprensentatives, except as otherwise herein expressly provided.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the parties hereto with respect to the Premises parties, and all no rights are created in favor of either party other matters contained than as specified or expressly contemplated in this Lease and Lease. No brochure, rendering, information or correspondence will be deemed to be a part of this agreement unless specifically incorporated herein by reference. This Lease may not be altered, changed or amended, amended except by instrument in writing signed by both parties heretoLandlord and Tenant. No provision of this Lease shall be deemed to have been waived by either party Landlord unless such waiver be is in writing signed by such party Landlord, and addressed to the other party, nor shall any no custom or practice which may grow up evolve between the parties in the administration of the terms hereof be construed to shall waive or lessen diminish the right of either party Landlord to insist upon the performance by the other party Tenant in strict accordance with the terms hereof. The terms, provisions, covenants terms and conditions contained in this Lease shall apply to, inure to the benefit of, of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided.. This Lease is for the sole benefit of Landlord and Tenant, and, other than Landlord's Mortgagee, no third party shall be deemed a third party beneficiary hereof. i. Quiet Enjoyment. Provided Tenant has performed all of the terms and conditions of this Lease to be performed by Tenant, Tenant shall peaceably and quietly hold and enjoy the Premises for the Term, without hindrance from Landlord or any party claiming by, through, or under Landlord, subject to the terms and conditions of this Lease. j.

Appears in 1 contract

Samples: Office Lease Agreement (ReoStar Energy CORP)

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Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the me parties hereto with respect to the Premises and all other matters contained in this Lease and this Lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Lease urn tease shall be deemed to have been waived by either party Landlord unless such waiver be in writing signed by such party Landlord and addressed to the other partyTenant, nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party Landlord to insist upon the performance by the other party Tenant in strict accordance with the terms hereof. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, of and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Entire Agreement; Amendments; Binding Effect. Neither party to this Lease has made or relied on any representations, warranties, covenants or agreements with respect to the Premises or any other matters affecting or relating to this Lease except as contained herein and this Lease supersedes and replaces any prior representations, warranties, covenants or agreements, whether written or oral, which may have been made by either party with respect to the Premises or other matters contained in this Lease. This Lease contains the entire agreement between the parties hereto with respect to the Premises and all other matters contained in this Lease and this Lease may not be altered, changed or amended, except by instrument in writing signed by both parties hereto. No provision of this Lease shall be deemed to have been waived by either party Landlord unless such waiver be in writing signed by such party Landlord and addressed to the other party, Tenant nor shall any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or lessen the right of either party Landlord to insist upon the performance by the other party Tenant in strict accordance with the terms hereof. The terms, provisions, covenants and conditions contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties hereto, and upon their respective successors in interest and legal representatives, except as otherwise herein expressly provided.

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

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