Entire Agreement; Modifications; Inconsistencies Sample Clauses

Entire Agreement; Modifications; Inconsistencies. This Agreement and any attachments constitute the entire agreement of the parties as to the subject matter of this Agreement and the Orders, and supersede all prior or contemporaneous agreements, proposals, discussions or correspondence, whether written or oral. This Agreement and any attachment or Order may not be amended or modified except in writing signed by an authorized representative of each party. Any terms on Supplier’s web site, product schedule or other ordering document, or contained in any “shrinkwrap” or “clickwrap” agreement, will not have force or effect if the provision conflicts with the terms of this Agreement, the attachments or Orders. If an inconsistency exists between the terms of this Agreement, and the terms of any attachment or Order, the terms of the attachment or Order will control, except preprinted terms and conditions appearing in any purchase order will have no force and effect. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Execution of a facsimile copy shall have the same force and effect as execution of an original, and a facsimile signature shall be deemed an original and valid signature. (Remainder of page is blank. Signature on following page.) EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION - RESTRICTED CONFIDENTIAL TREATMENT REQUESTED MSA No.: MSAX063015TPS SIGNED: EMBARQ MANAGEMENT COMPANY SYNACOR, INC. /s/ Xxxxx Xxxxx /s/ Xxxxx X. Xxxxxxx (signature) (signature) Print Name: Xxxxx Xxxxx Print Name: Xxxxx X. Xxxxxxx Title: VP- Procurement Title: Vice President & Sales Date: 12/04/06 Date: 11/27/04 EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION - RESTRICTED CONFIDENTIAL TREATMENT REQUESTED MSA No.: MSAX063015TPS SCHEDULE A During the Initial Term, services performed by Supplier for Embarq that are not specified in an Order shall be billed at a rate not to exceed [*] per hour (“Billable Rate”). Supplier may increase the Billable Rate for any Renewal Term by no more than [*] upon mutual agreement of the Parties. EMBARQ AND SYNACOR CONFIDENTIAL INFORMATION - RESTRICTED [*] = CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. CONFIDENTIAL TREATMENT REQUESTED MSA No.: MSAX063015TPS SCHEDULE B SUPPLIER DIVERSITY Supplier will use commercially reasonable good faith efforts to meet a Utilization...
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Entire Agreement; Modifications; Inconsistencies. This Agreement, the Schedules, Contract Addendums, and Purchase Orders, together with the Blazer Agreement (each of which are incorporated herein by this reference), constitute the entire agreement of the parties as to the Deliverables. This Agreement supersedes all agreements, proposals, inquiries, commitments, discussions and correspondence, whether written or oral, prior to or contemporaneous with the Effective Date relating to the Deliverables, provided, however, that the terms of this Agreement (including the Contract Addendum and related schedules and exhibits) do not and shall not amend, revise or in any way supercede any of the terms and conditions in the Blazer Agreement (it being agreed by the parties that the Blazer Agreement shall apply and control, to the extent inconsistent or in conflict with the provisions contained in this Agreement, with respect to any issues involving or related to the Blazer Software). The provisions of either party's form of purchase order, acknowledgment or other business forms will not apply notwithstanding the other party's acknowledgment, acceptance of, or reliance on such form. All headings used in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement or any section or clause of this Agreement. This Agreement, any Contract Addendum, or Purchase Order may not be amended or modified except in writing signed by a duly authorized representative of each party. If there is a conflict or an inconsistency between the terms of this Master Agreement and the terms of any Purchase Order or Schedule hereto (other than a Contract Addendum), the terms of this Master Agreement will control. If there is a conflict or inconsistency between this Master Agreement and a Contract Addendum, the Contract Addendum shall apply and control. If there is a conflict or inconsistency between a Contract Addendum and a Purchase Order or Schedule, the Contract Addendum shall apply and control.
Sample 1
Entire Agreement; Modifications; Inconsistencies. This Affiliate Agreement, together with the Master Agreement and the Schedules, Contract Addendums, and Purchase Orders related thereto (each of which are incorporated herein by this reference), as modified and/or supplemented below, constitutes the entire agreement of the parties as to the Deliverables and supersedes all agreements, proposals, inquiries, commitments, discussions and correspondence, whether written or oral, prior to or contemporaneous with the Effective Date relating to the Deliverables. If there is a conflict or an inconsistency between the terms of this Affiliate Agreement and the terms of the Master Agreement, or any Contract Addendum, Purchase Order or Schedule thereto, the terms of this Affiliate Agreement will control.
Sample 1
Entire Agreement; Modifications; Inconsistencies. This Agreement constitutes the entire agreement of the parties as to the Services contained in this Agreement and supersedes all prior or contemporaneous agreements, proposals, inquiries, commitments, discussions and correspondence, whether written or oral. This Agreement may not be amended or modified except in writing signed by a duly authorized representative of each party. Initials /s/ Vonage Holdings Corporation THIRD PARTY VERIFICATION, INC. (signature) /s/ (signature) /s/ (print name) Xxxxx Xxxxxxx (print name) Xxxxx X. Xxxxxxxx (title) CTO (title) Chief Executor Officer (date) 2/9/2005 (date) 2/9/05 Initials /s/
Sample 1
Entire Agreement; Modifications; Inconsistencies. This Agreement and the Purchase Orders constitute the entire agreement of the parties as to the Deliverables. This Agreement supersedes all agreements, proposals, inquiries, commitments, discussions and correspondence, whether written or oral, prior to or contemporaneous with the Effective Date relating to the Deliverables. This Agreement may not be amended or modified except in writing signed by a duly authorized representative of each party. If there is a conflict or inconsistency between the terms of this Agreement and the terms of any Purchase Order, the terms of this Agreement will control. SIGNED: SPRINT/UNITED MANAGEMENT SYCAMORE NETWORKS, INC. COMPANY (Signature) (Signature) (Print Name) (Print Name) (Title) (Title) (Date) (Date) (Signature) (Print Name) (Title) (Date) * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule A TECHNICAL ANNEX [ * ] * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule B ELECTRONIC TRANSACTIONS [ * ] * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule C ACCEPTANCE FORMS [ * ] * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule D PRODUCT ACCEPTANCE [ * ] * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule E TRAINING SERVICES [ * ] * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. Schedule F INSTALLATION SERVICES [ * ] * Certain information on this page has been omit...
Sample 1

Related to Entire Agreement; Modifications; Inconsistencies

  • 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 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; Modifications; Waiver This Agreement defines the entire agreement and understanding between the Company and me concerning its subject matter and supersedes all other previous or contemporaneous agreements or understandings, whether written or oral, between the Company and me concerning such subject matter, except that if I have signed any other agreements with the Company, this Agreement will supplement, and will not supersede or extinguish any of those agreements. This Agreement may not be modified orally. The waiver by any party of the breach of any covenant or provision in this Agreement will not operate or be construed as a waiver of any subsequent breach by any party. 12.

  • Entire Agreement; Modification; Governing Law The terms and conditions hereof constitute the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersede all previous communications, either oral or written, representations or warranties of any kind whatsoever, except as expressly set forth herein. No modifications of this Agreement nor waiver of the terms or conditions thereof shall be binding upon either party unless approved in writing by an authorized representative of such party. All issues concerning this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of New York.

  • 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; Modification of Agreement Except as otherwise expressly noted herein, this Agreement constitutes the entire understanding of the parties and supersedes all prior discussions, understandings, and agreements of every nature between them relating to the matters addressed herein. Accordingly, no representation, promise, or inducement not included or incorporated by reference in this Agreement shall be binding upon the parties. Employee affirms that the only consideration for the signing of this Agreement are the terms set forth above and that no other promises or assurances of any kind have been made to him by the Bank or any other entity or person as an inducement for him to sign this Agreement. This Agreement may not be changed orally, but only by an agreement in writing signed by the parties or their respective heirs, legal representatives, successors, and assigns.

  • ENTIRE AGREEMENT; MODIFICATION AND WAIVER (a) This Agreement contains the entire understanding between the parties hereto and supersedes any prior agreement between the Bank and Executive, except that this Agreement shall not affect or operate to reduce any benefit or compensation inuring to Executive of a kind elsewhere provided. No provision of this Agreement shall be interpreted to mean that Executive is subject to receiving fewer benefits than those available to her without reference to this Agreement.

  • Entire Agreement and Modifications This Mortgage and the other Loan Documents contain the entire agreements between the parties relating to the subject matter hereof and thereof and all prior agreements relative hereto and thereto which are not contained herein or therein are terminated. This Mortgage and the other Loan Documents may not be amended, revised, waived, discharged, released or terminated orally but only by a written instrument or instruments executed by the party against which enforcement of the amendment, revision, waiver, discharge, release or termination is asserted. Any alleged amendment, revision, waiver, discharge, release or termination which is not so documented shall not be effective as to any party.

  • 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; 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.

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