Entire Agreement, Order of Precedence & Waiver Sample Clauses

Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form (3) this XXXX. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.
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Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the Parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form including documents referenced therein (3) this XXXX including documents referenced herein. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.
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Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the Parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form including documents referenced therein (3) this XXXX including documents referenced herein. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. 11. DEFINITIONS The definitions used in the Agreement have the meaning given to them below, unless the context requires otherwise: 11.1. “Access and Use” or “access and use” of the Software (or any similar phrasing) means any access to and/or use of any portion of the Software, including but not limited to any database information or any other contents thereof) and whether via any IFS interface, External Integration or otherwise. 11.2. “Application Software”, “IFS Application Software” or “IFS AS” means IFS’s standard, unmodified proprietary application software products, modules, applications, “apps” and programs (but, for the avoidance of doubt, excluding any third- party software included therein or associated therewith) which Customer has licensed and/or been granted the right to access and use under the Agreement . It is limited to machine readable code (generally referred to as executable or object code) and the user instructions included in the Software Documentation. It does not include vocabularies and other items generally referred to as source code, nor any descriptions not included olarak yorumlanacak ve ilgili terimden önce gelen sözcüklerin anlamını sınırlandırmayacaktır. Taraflar, bağımsız yüklenicilerdir. İşbu Sözleşme, Taraflar arasında bir ortaklık, franchise (xxxxxxx), ortak girişim, acentelik, itimada dayanan veya istihdam ilişkisi yaratmaz. Taraflardan hiçbiri, herhangi bir amaçla diğer tarafın temsilcisi değildir ve diğer tarafın bir temsilcisi veya çalışanı olarak hareket etme veya diğer tarafı temsil, adına hareket veya il...
Sample 1

Related to Entire Agreement, Order of Precedence & Waiver

  • Entire Agreement; Severability This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all oral statements and prior writings with respect thereto. If any term, provision, covenant or restriction contained in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable or against public policy, the remainder of the terms, provisions, covenants and restrictions contained herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The Company, the Guarantors and the Initial Purchasers shall endeavor in good faith negotiations to replace the invalid, void or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, void or unenforceable provisions.

  • Entire Agreement; Waiver (a) This Agreement constitutes the entire agreement between the Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement.

  • Entire Agreement, Waivers and Amendments This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to all or part of the subject matter thereof. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by Seller and Buyer.

  • Entire Agreement; Amendments This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Buyer makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the majority in interest of the Buyer.

  • Entire Agreement; Amendments and Waivers This Agreement (including the schedules and exhibits hereto) represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and can be amended, supplemented or changed, and any provision hereof can be waived, only by written instrument making specific reference to this Agreement signed by the party against whom enforcement of any such amendment, supplement, modification or waiver is sought. No action taken pursuant to this Agreement, including without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a further or continuing waiver of such breach or as a waiver of any other or subsequent breach. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law.

  • Entire Agreement; Amendment; Waiver This Agreement constitutes the entire and full understanding and agreement between the parties with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated, except by a written instrument signed by all the parties hereto.

  • WAIVER AND ENTIRE AGREEMENT 10.1 Failure by a party to exercise any right or remedy under this Agreement will not constitute a waiver of that party's rights or remedies.

  • Entire Agreement of Parties This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument 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, 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. Accepted and Agreed to this day of , 20 . POTENTIAL INVESTOR: Company Signature Name Title Date Address 1 Address 2 City, State, and Zip Code Telephone

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