Common use of Entire Agreement, Merger, Amendments and Waivers Clause in Contracts

Entire Agreement, Merger, Amendments and Waivers. This Agreement sets forth the complete and exclusive agreement between the parties regarding Customer’s purchase and use of the Products purchased by Customer under this Agreement. This Agreement merges and supersedes all prior and contemporaneous agreements, representations and understandings of the parties with respect to the subject matter hereof. Unless Customer has delivered a System Conversion Notice, this Agreement does not merge or supersede any Prior Agreements. No amendment, modification or waiver of any provision of this Agreement shall be effective unless mutually agreed in writing, provided that in the event of any conflict between this Agreement and the terms and conditions set forth in an Order Confirmation for Customer’s future purchase of Products, the terms and conditions in the Order Confirmation shall govern. No failure or delay in exercising any right or remedy shall be a waiver thereof.