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.
Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement between the Parties 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 the Parties unless agreed to in writing. No other terms shall apply, including any terms on a Customer purchase order. In the event of a conflict or inconsistency between the terms comprising the Agreement between the Parties the order of precedence shall be: (1) the Order Form including documents referenced therein (2) the applicable Addendum listed in the Addendum List on the first page of this Master Agreement or signed subsequently, including documents referenced therein (3) Master Agreement including documents referenced therein (4)

Related to Entire Agreement, Order of Precedence & Waiver

  • 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.

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