Entire Agreement; Amendments; Severability. This Agreement embodies the entire understanding of the parties hereto with respect to its subject matter, supersedes any prior or contemporaneous agreements or understandings between the parties with respect to such subject matter and may only be modified or amended or the terms hereof waived by an instrument in writing signed by one person or entity against whom such amendment, modification or waiver is sought to be enforced. If, for any reason, any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
Entire Agreement; Amendments; Severability. This Agreement embodies the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. This Agreement, or any term hereof, may be changed or waived only by a written amendment, signed by the party against whom enforcement of such change or waiver is sought. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.
Entire Agreement; Amendments; Severability. (a) This Limited Guarantee, Other Guarantees, the Merger Agreement, the Support Agreements and the Equity Commitment Letters, constitute the entire agreement with respect to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, between the parties. The Guaranteed Party and its Affiliates are not relying upon any prior or contemporaneous statement, undertaking, understanding, agreement, representation or warranty, whether written or oral, made by or on behalf of the Guarantor or any Parent Related Party in connection with this Limited Guarantee except as expressly set forth herein by the Guarantor. The Guarantor and his, her or its Affiliates are not relying upon any prior or contemporaneous statement, undertaking, understanding, agreement, representation or warranty, whether written or oral, made by or on behalf of the Guaranteed Party in connection with this Limited Guarantee, except as expressly set forth herein by the Guaranteed Party. No amendment, modification or waiver of any provision hereof shall be enforceable unless approved by the Guaranteed Party and the Guarantor in writing.
Entire Agreement; Amendments; Severability. 6.10.1 This APCA constitutes the entire agreement between the Parties in respect of the Project, and supersede all previous negotiations, commitments and writings concerning the Project, including any prior memorandum of understanding or letter of intent between the Parties (whether or not with others) which relate to the Project or to the Proposal to be submitted to the JU.
Entire Agreement; Amendments; Severability. This Agreement and all addenda constitute the entire understanding and agreement between the Parties and shall supersede all previous negotiations, commitments, representations and writings, written or oral. Notwithstanding the foregoing, any financial documents and/or representations provided by a Party pertaining to the credit application and/or financial information shall be deemed a part of this Agreement and the disclosing Party shall be responsible for advising the other Party of a material change in the disclosing Party's financial condition. Except where otherwise specifically noted, this Agreement may not be amended or supplemented except by a written agreement signed by a duly authorized representative of each Party. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both Parties remain valid, binding and enforceable.
Entire Agreement; Amendments; Severability. (1) Should any provision of this Consortium Agreement prove to be invalid or incapable of fulfilment, or subsequently become invalid or incapable of fulfilment, whether in whole or in part, this shall not affect the validity of the remaining provisions of this Consortium Agreement. In such a case, the Parties shall be entitled to demand that a valid and practicable provision be negotiated which mostly fulfils the purpose of the invalid or impracticable provision.
Entire Agreement; Amendments; Severability. This Agreement sets forth the entire understanding between the parties relating to the subject matter contained herein, and all prior discussions and writings between the parties with respect thereto are superseded by this Agreement. No amendment, modification or addition to this Agreement shall be effective or binding on any party unless set forth in writing and executed by the respective party against whom enforcement of the amendment, modification or addition is sought. The provisions of this Agreement shall be deemed to be severable, and the invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement.
Entire Agreement; Amendments; Severability. This instrument constitutes the entire agreement with respect to the subject matter hereof between the parties hereto and replaces and supersedes as of the date hereof any and all prior oral or written agreements, understandings and communications between the parties hereto. This Agreement may only be amended or modified by an agreement in writing executed by each of the parties hereto. Should any provision of this Agreement be adjudged invalid to any extent by any competent tribunal, such provision will be deemed modified to the extent necessary to make it enforceable.
Entire Agreement; Amendments; Severability. This Agreement constitutes the entire agreement between the parties, and supersedes any prior oral or written agreements, including but not limited to the Original Agreement. Prudential reserves the right to amend this agreement at any time. This Agreement and Schedule A attached hereto may not be amended except by a writing signed by the parties. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby.
Entire Agreement; Amendments; Severability. 6.8.1 This CA and the GA constitute the entire agreement between the Parties in respect of the Project, and supersede all previous negotiations, commitments and writings concerning the Project, including any prior memorandum of understanding between the Parties (whether or not with others) which relate to the Project or to the Proposal to be submitted to the Commission.
