Entire Agreement; Modification of Terms Sample Clauses

Entire Agreement; Modification of Terms. This Note and the Loan Documents are intended by the parties as the final, complete, and exclusive statement of the transactions evidenced by this Note and the Loan Documents. All prior or contemporaneous promises, agreements, and understandings, whether oral or written, are deemed to be superseded by this Note and the Loan Documents, and no party is relying on any promise, agreement, or understanding not set forth in this Note and the Loan Documents. This Note and the Loan Documents may not be amended or modified except by a written instrument describing such amendment or modification executed by the Borrower and the Bank. The terms of this Note cannot be changed, nor may this Note be discharged in whole or in part, except by a writing executed by Bank. In the event that Bank demands or accepts partial payments of this Note, such demand or acceptance shall not be deemed to constitute a waiver of the right to demand the entire unpaid balance of this Note at any time in accordance with the terms hereof. Any delay or omission by Bank in exercising any rights hereunder shall not operate as a waiver of such rights.
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Entire Agreement; Modification of Terms. 1. The Contract contains all the terms and conditions agreed upon by the Parties, which terms and conditions will govern all transactions under the Contract. Modification of the Contract terms, including increases or changes to contracted rates, fees, rebates, discounts, the total amount of the contract, or other change to terms and conditions will require a mutual written amendment to the contract, signed by both Parties. 2. No oral contracts or representations will be valid or binding upon the Department or Contractor. Contractor may not unilaterally modify the terms of the Contract by incorporating terms onto Contractor’s order or fiscal forms or other documents forwarded by Contractor for payment. The Department’s acceptance of service or processing of documentation on forms furnished by Contractor for approval or payment will not constitute acceptance of the proposed modification to terms and conditions.
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Entire Agreement; Modification of Terms. This Note constitutes the entire understanding among the parties with respect to the matters set forth and may not be changed or terminated orally, nor may any of its provisions be waived, except by an agreement in writing signed by the party against whom enforcement of such change or termination is sought.
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Entire Agreement; Modification of Terms. (a) The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions will govern all transactions under the Contract. Modification of the Contract terms, including increases or changes to contracted rates, fees, rebates, discounts, the total amount of the contract, or other change to terms and conditions will require a mutual written amendment to the contract, signed by both parties. (b) No oral contracts or representations will be valid or binding upon the Department or Service Provider. Service Provider may not unilaterally modify the terms of the Contract by incorporating terms onto Service Provider’s order or fiscal forms or other documents forwarded by Service Provider for payment. The Department’s acceptance of service or processing of documentation on forms furnished by Service Provider for approval or payment will not constitute acceptance of the proposed modification to terms and conditions.
Sample 1
Entire Agreement; Modification of Terms. (a) The Contract contains all the terms and conditions agreed upon by the Parties, which terms and conditions shall govern all transactions under the Contract. Modification of the Contract terms, including increases or changes to contracted rates, fees, rebates, discounts, the total amount of the contract, or other change to terms and conditions shall require a mutual written amendment to the contract, signed by both Parties. (b) No oral contracts or representations shall be valid or binding upon the Department or Service Provider. Service Provider may not unilaterally modify the terms of the Contract by incorporating terms onto Service Provider’s order or fiscal forms or other documents forwarded by Service Provider for payment. The Department’s acceptance of service or processing of documentation on forms furnished by Service Provider for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. SO AGREED: By: Date Approved as to form and legality Department of Management Services General Counsel’s Office: Date By: Date TITLE: Attachment D-2: Combined HIPAA-HITECH /BAA Agreement COMBINED HIPAA PRIVACY BUSINESS ASSOCIATE AGREEMENT AND CONFIDENTIALITY AGREEMENT The Parties have entered into this Agreement for the purpose of satisfying the Business Associate contract requirements of the regulations at 45 CFR 164.502(e) and 164.504(e), issued under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Security Rule, codified at 45 C.F.R Part 164, Subparts A and C. (the “Security Rule”), the Health Information Technology For Economic and Clinical Health Act, enacted in Pub. L. No. 111-05 H.R., 111th Cong. (2009), Title XIII (the “HITECH Act”), as well as the confidentiality requirements contained in section 110.123 (9), Florida Statutes, and for the purpose of protecting proprietary and trade secret information that maybe exchanged between the parties and the “Affiliates” of the Covered Entity, identified below. The Parties: The Florida Department of Management Services, Division of State Group Insurance (the “Covered Entity”), an executive agency of the State of Florida.
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Related to Entire Agreement; Modification of Terms

  • Entire Agreement; Modification This Agreement constitutes the entire agreement between the parties relative to the subject matter hereof, and supersedes all proposals, written or oral, and all other communications between the parties relating to the subject matter of this Agreement. This Agreement may be modified, amended or rescinded only by a written agreement executed by both parties.

  • Entire Agreement; Modification; Waiver This Agreement constitutes the entire agreement between or among the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all the parties or the applicable parties to be bound by such amendment. No waiver of any of the provisions of this Agreement will constitute a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver.

  • Entire Agreement; Modifications This Agreement constitutes the entire and final expression of the agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between the parties hereto with respect to the subject matter hereof. This Agreement may be modified or amended only by an instrument in writing signed by both parties hereto.

  • ENTIRE AGREEMENT; MODIFICATION AND WAIVER (a) This instrument contains the entire agreement of the parties relating to the subject matter hereof, and supercedes in its entirety any and all prior agreements, understandings or representations relating to the subject matter hereof, except that the parties acknowledge that this Agreement shall not affect any of the rights and obligations of the parties under any agreement or plan entered into with or by the Bank or the Company pursuant to which the Executive may receive Base Salary or other compensation except as set forth in Section 12 hereof. No modifications of this Agreement shall be valid unless made in writing and signed by the parties hereto. (b) This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. (c) No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future as to any act other than that specifically waived.

  • Entire Agreement and Modification This Agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes (along with the documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended except by a written agreement executed by the party to be charged with the amendment.

  • Entire Agreement and Modifications This Contract supersedes all previous contracts between the parties hereto on the same subject matter and constitutes the entire understanding of the parties hereto on the subject matter of this Contract. Contractor shall be entitled to no other benefits than those specified herein. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. Contractor specifically acknowledges that in entering into and executing this contract, Contractor relies solely upon the provisions contained in this Contract and no others.

  • Entire Agreement; No Oral Modification This Agreement contains the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto and may not be amended or modified except in a writing signed by both of the parties hereto.

  • Entire Agreement, Waiver or Modification This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and may not be altered, varied, revised or amended, except by an instrument in writing signed by the parties subsequent to the date of this Agreement. The parties have not made any other agreement or representation with respect to such matter.

  • ENTIRE AGREEMENT/MISCELLANEOUS This Agreement embodies the entire agreement and understanding between the parties hereto, and supersedes all prior agreements and understandings, relating to the subject matter hereof. If any provision of this Agreement is determined to be invalid or unenforceable in any respect, such determination will not affect such provision in any other respect or any other provision of this Agreement, which will remain in full force and effect. This Agreement may not be amended or otherwise modified or waived except by an instrument in writing signed by both the Placement Agent and the Company. The representations, warranties, agreements and covenants contained herein shall survive the Closing Date of the Placement and delivery of the Placement Agent Securities. This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or a .pdf format file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or .pdf signature page were an original thereof.

  • Entire Agreement; Amendment This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior agreements or understandings, whether written or oral. This Agreement may not be amended, modified or revoked, in whole or in part, except by an agreement in writing signed by each of the parties hereto.

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