Common use of Entire Agreement; No Oral Modifications Clause in Contracts

Entire Agreement; No Oral Modifications. This Agreement, the other Loan Documents and the other documents mentioned herein set forth the entire agreement of the parties with respect to the Loan and supersede all prior written or oral understandings and agreements with respect thereto. No modification or waiver of any provision of this Agreement shall be effective unless set forth in writing and signed by the parties hereto. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect the Borrower and Lender from misunderstanding or disappointment, any agreement, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this Loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any instrument or document executed in connection with this loan of money or grant or extension of credit, must be in writing to be effective which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. In addition the Lender gives the following statutory notice: Statutory Notice. THIS LOAN AGREEMENT AND ALL OTHER LOAN DOCUMENTS CONSTITUTE THE COMPLETE AND FINAL EXPRESSION OF THE AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR ORAL AGREEMENT OR OF ANY CONTEMPORANEOUS ORAL AGREEMENT BETWEEN BORROWER AND LENDER. BORROWER AGREES THAT ALL NONSTANDARD TERMS OF THE AGREEMENT BETWEEN 31 BORROWER AND LENDER AND ALL PRIOR ORAL AGREEMENTS AND CONTEMPORANEOUS ORAL AGREEMENTS BETWEEN THEM ARE SUFFICIENTLY SET FORTH IN THE DOCUMENTS EXCEPT AS FOLLOWS (IF NONE, STATE “NONE” OR LEAVE BLANK): NONE BORROWER ALSO AGREES THAT THE ABOVE SPACE IS SUFFICIENT FOR THE DISCLOSURE OF TERMS AND AGREEMENTS NOT SET FORTH IN THE LOAN DOCUMENTS. BY SIGNING THIS AGREEMENT, BORROWER AND LENDER AFFIRM THAT NO UNWRITTEN ORAL AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION EXISTS.

Appears in 2 contracts

Samples: Construction Loan Agreement (Campus Crest Communities, Inc.), Construction Loan Agreement (Campus Crest Communities, Inc.)

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Entire Agreement; No Oral Modifications. This Agreement, the other Borrower Loan Documents and the other documents mentioned herein and executed as of the date hereof set forth the entire agreement of the parties with respect to the Borrower Loan and supersede all prior written or oral understandings and agreements with respect thereto. No modification or waiver of any provision of this Agreement shall be effective unless set forth in writing and signed by the parties hereto. Oral agreements If there is any conflict between the terms, conditions and provisions of this Agreement and those of any other agreement or commitments instrument executed by Borrower or Guarantor, including any of the other Borrower Loan Documents, the terms, conditions and provisions of this Agreement shall prevail. By executing this Agreement and initialing below Borrower and Guarantor expressly represent and warrant that they did not rely on any representation, assurance or agreement, oral or written, not expressly set forth in this Agreement or any of the other Borrower Loan Documents in reaching its decision to loan money, extend credit enter into this Agreement or any of the other Borrower Loan Documents and that no promises or other representations have been made to forbear from enforcing repayment Borrower or Guarantor which conflict with the written terms of a debt including promises to extend or renew such debt are not enforceable. To protect the Borrower Loan Documents. Borrower and Lender from misunderstanding or disappointment, any agreement, promise, undertaking, or offer each Guarantor represent to forebear repayment of money or to make any other financial accommodation in connection with this Loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all of Bank that (i) it has read and understands the terms or provisions of any instrument or document and conditions contained in this Agreement and the other Borrower Loan Documents executed in connection with this loan of money or grant or extension of creditAgreement, must be in writing to be effective which is the complete and exclusive statement (ii) its legal counsel has carefully reviewed all of the Borrower Loan Documents and it has received legal advice from counsel of its choice regarding the meaning and legal significance of this Agreement and all other Borrower Loan Documents, (iii) it is satisfied with its legal counsel and the advice received from it, and (iv) it has relied only on its review of the Borrower Loan Documents and its own legal counsel's advice and representations (and it has not relied on any advice or representations from Bank, or any of Bank’s officers, employees, agents or attorneys). The Borrower Loan Documents may not be modified, amended or terminated except by a written agreement between us, except as we may later agree in writing to modify itsigned by each of the parties hereto. In addition the Lender gives the following statutory noticeBorrower’s Initials: Statutory Notice. THIS LOAN AGREEMENT AND ALL OTHER LOAN DOCUMENTS CONSTITUTE THE COMPLETE AND FINAL EXPRESSION OF THE AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR ORAL AGREEMENT OR OF ANY CONTEMPORANEOUS ORAL AGREEMENT BETWEEN BORROWER AND LENDER. BORROWER AGREES THAT ALL NONSTANDARD TERMS OF THE AGREEMENT BETWEEN 31 BORROWER AND LENDER AND ALL PRIOR ORAL AGREEMENTS AND CONTEMPORANEOUS ORAL AGREEMENTS BETWEEN THEM ARE SUFFICIENTLY SET FORTH IN THE DOCUMENTS EXCEPT AS FOLLOWS (IF NONE, STATE “NONE” OR LEAVE BLANK): NONE BORROWER ALSO AGREES THAT THE ABOVE SPACE IS SUFFICIENT FOR THE DISCLOSURE OF TERMS AND AGREEMENTS NOT SET FORTH IN THE LOAN DOCUMENTS. BY SIGNING THIS AGREEMENT, BORROWER AND LENDER AFFIRM THAT NO UNWRITTEN ORAL AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION EXISTS.Guarantor’s Initials

Appears in 1 contract

Samples: First Modification Agreement

Entire Agreement; No Oral Modifications. This Agreement, the other Loan Documents and the other documents mentioned herein and executed as of the date hereof set forth the entire agreement of the parties with respect to the Loan and supersede all prior written or oral understandings and agreements with respect thereto. No modification or waiver of any provision of this Agreement shall be effective unless set forth in writing and signed by the parties hereto. Oral agreements If there is any conflict between the terms, conditions and provisions of this Agreement and those of any other agreement or commitments to loan moneyinstrument executed by Borrower or Guarantor, extend credit or to forbear from enforcing repayment including any of a debt including promises to extend or renew such debt are not enforceablethe other Loan Documents, the terms, conditions and provisions of this Agreement shall prevail. To protect the By executing this Agreement and initialing below Borrower and Lender from misunderstanding Guarantor expressly represent and warrant that they did not rely on any representation, assurance or disappointment, any agreement, promiseoral or written, undertaking, or offer to forebear repayment of money or to make any other financial accommodation not expressly set forth in connection with this Loan of money or grant or extension of credit, Agreement or any amendment of, cancellation of, waiver of, or substitution for any or all of the other Loan Documents in reaching its decision to enter into this Agreement or any of the other Loan Documents and that no promises or other representations have been made to Borrower or Guarantor which conflict with the written terms or provisions of any instrument or document the Loan Documents. Borrower and each Guarantor represent to Lender that (i) it has read and understands the terms and conditions contained in this Agreement and the other Loan Documents executed in connection with this loan of money or grant or extension of creditAgreement, must be in writing to be effective which is the complete and exclusive statement (ii) its legal counsel has carefully reviewed all of the Loan Documents and it has received legal advice from counsel of its choice regarding the meaning and legal significance of this Agreement and all other Loan Documents, (iii) it is satisfied with its legal counsel and the advice received from it, and (iv) it has relied only on its review of the Loan Documents and its own legal counsel's advice and representations (and it has not relied on any advice or representations from Lender, or any of Lender's officers, employees, agents or attorneys). The Loan Documents may not be modified, amended or terminated except by a written agreement between us, except as we may later agree in writing to modify itsigned by each of the parties hereto. In addition the Lender gives the following statutory noticeBorrower’s Initials: Statutory Notice. THIS LOAN AGREEMENT AND ALL OTHER LOAN DOCUMENTS CONSTITUTE THE COMPLETE AND FINAL EXPRESSION OF THE AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR ORAL AGREEMENT OR OF ANY CONTEMPORANEOUS ORAL AGREEMENT BETWEEN BORROWER AND LENDER. BORROWER AGREES THAT ALL NONSTANDARD TERMS OF THE AGREEMENT BETWEEN 31 BORROWER AND LENDER AND ALL PRIOR ORAL AGREEMENTS AND CONTEMPORANEOUS ORAL AGREEMENTS BETWEEN THEM ARE SUFFICIENTLY SET FORTH IN THE DOCUMENTS EXCEPT AS FOLLOWS (IF NONE, STATE “NONE” OR LEAVE BLANK): NONE BORROWER ALSO AGREES THAT THE ABOVE SPACE IS SUFFICIENT FOR THE DISCLOSURE OF TERMS AND AGREEMENTS NOT SET FORTH IN THE LOAN DOCUMENTS. BY SIGNING THIS AGREEMENT, BORROWER AND LENDER AFFIRM THAT NO UNWRITTEN ORAL AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION EXISTS.Guarantor’s Initials:

Appears in 1 contract

Samples: Second Modification Agreement (Deckers Outdoor Corp)

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Entire Agreement; No Oral Modifications. This Agreement, the other Loan Documents Agreement and the other documents mentioned herein set forth any Additional Terms provider to You constitute the entire agreement between the Parties concerning the rental of your Slingshot and supersedes all agreements, proposals, representations, and other understandings, oral or written, of the parties with respect to the Loan and supersede all prior written or oral understandings and agreements with respect theretoParties. No alteration or modification or waiver of any provision of this Agreement shall be effective valid unless set forth made in writing and signed by the parties heretoan authorized representative of each Party. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment The waiver by either party of a debt including promises to extend or renew such debt are not enforceable. To protect the Borrower and Lender from misunderstanding or disappointment, breach of any agreement, promise, undertaking, or offer to forebear repayment of money or to make any other financial accommodation in connection with this Loan of money or grant or extension of credit, or any amendment of, cancellation of, waiver of, or substitution for any or all provision of the terms Agreement shall not operate or provisions be construed as a waiver of any instrument or document executed in connection with this loan of money or grant or extension of creditsubsequent breach, and any waiver must be in writing and signed by an authorized representative of the waiving Party. If any provisions of this Agreement are held to be effective invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing, email being sufficient, to the Party at the address stated above or at such different address as shall be given by either party to the other in writing. Any terms of this Agreement which is the complete by their nature extend beyond its termination remain in effect until fulfilled and exclusive statement of the agreement between us, except as we may later agree in writing apply to modify it. In addition the Lender gives the following statutory notice: Statutory Notice. THIS LOAN AGREEMENT AND ALL OTHER LOAN DOCUMENTS CONSTITUTE THE COMPLETE AND FINAL EXPRESSION OF THE AGREEMENT BETWEEN BORROWER AND LENDER WITH REGARD TO THE EXTENSION OF CREDIT OR OTHER FINANCIAL ACCOMMODATION AND MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR ORAL AGREEMENT OR OF ANY CONTEMPORANEOUS ORAL AGREEMENT BETWEEN BORROWER AND LENDER. BORROWER AGREES THAT ALL NONSTANDARD TERMS OF THE AGREEMENT BETWEEN 31 BORROWER AND LENDER AND ALL PRIOR ORAL AGREEMENTS AND CONTEMPORANEOUS ORAL AGREEMENTS BETWEEN THEM ARE SUFFICIENTLY SET FORTH IN THE DOCUMENTS EXCEPT AS FOLLOWS (IF NONE, STATE “NONE” OR LEAVE BLANK): NONE BORROWER ALSO AGREES THAT THE ABOVE SPACE IS SUFFICIENT FOR THE DISCLOSURE OF TERMS AND AGREEMENTS NOT SET FORTH IN THE LOAN DOCUMENTSrespective successors and rightful assignees. BY SIGNING THIS VEHICLE RENTAL AGREEMENT ELECTRONICALLY OR IN PERSON, THE RENTER AGREES TO ALL TERMS AND CONDITIONS OUTLINED IN THIS SLINGSHOT RENTAL AGREEMENT, BORROWER THE SLINGSHOT RENTAL TERMS AND LENDER AFFIRM THAT NO UNWRITTEN ORAL AGREEMENT BETWEEN BORROWER CONDITIONS INCORPORATED XXXXX, AND LENDER WITH REGARD ANY ADDITIONAL TERMS PROVIDED TO THE RENTER UPON RENTING THE VEHICLES. DATE: RENTER/DRIVER NAME: RENTER/DRIVERSIGNATURE: ADDITIONAL DRIVER NAME: ADDITIONAL DRIVER SIGNATURE: AWREADY RENTAL, LLC BY: DRIVER IDENTIFICATION AND INVOICE PRIMARY RENTER/ DRIVER FIRST NAME: NAME: MIDDLE NAME: LAST EMAIL: PHONE: ALTERATE NUMBER: HOME ADDRESS: COUNTY: CITY STATE: DL#: ADDITIONAL DRIVER FIRST NAME: NAME: MIDDLE NAME: LAST EMAIL: PHONE: ALTERATE NUMBER: HOME ADDRESS: COUNTY: CITY STATE: DL#: DATE OF RENTAL: TIME OF RENTAL: AM/PM (circle one) RENTAL PERIOD: 2 HOURS HALF DAY FULL DAY(S) (circle one) RENTAL RATE and INVOICE The Renter agrees to pay the owner all “TOTAL CHARGES” in advance. Plus, any additional charges upon return Rate per Day $ @ Day(s) $ Rate per Week $ @ Week(s) $ + Surcharge Tax at 7% per Day $ + Pick Up/ Drop Off/ Delivery $ + Equipment rental – Helmets $Included SUBTOTAL $ + $ TOTAL CHARGES $ + PAID TOTAL EXTENSION TO: / / $ + PAID TOTAL EXTENSION TO: / / $ + PAID TOTAL EXTENSION TO: / / $ ADDITIONAL CHARGES and/or REFUND + Late Return / Recovery / Pick Up / Drop Off $ + Deposit $ + $ + Damage $ + Fuel Service $ + Cleaning Fee $Included - Refund $ TOTAL CHARGES $ SECURITY DEPOSIT REFUNDED $ BALANCE DUE VEHICLE INSPECTION REPORT RENTAL VEHICLE PICK UP DATE RETURN DATE MAKE AND MODEL YEAR AND COLOR MILAGE LICENSE PLATE # VIN # *ALL RENTERS MUST COMPLETE AN INSPECTION REPORT BEFORE TAKING THE RENTAL. ALL DAMAGES MUST BE NOTED ON THIS FORM BEFORE YOU LEAVE WITH THE RENTAL. ANY DAMAGES NOT OTHERWISE NOTED WILL BE CONSIDERED THE RESPONSIBILITY OF CREDIT OR OTHER FINANCIAL ACCOMMODATION EXISTS.THE RENTER, AND ADDITIONAL CHARGES WILL APPLY. PICK UPPICK UP CONDITION: FUEL LEVEL: MILEAGE: RETURNRETURN CONDITION: FUEL LEVEL: MILEAGE: DAMAGES: DAMAGES: INSPECTED BY: INSPECTED BY: Awready Rental LLC - Slingshot Rental Agreement

Appears in 1 contract

Samples: Slingshot Rental Agreement

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