Common use of Entire Agreement, Order of Precedence & Waiver Clause in Contracts

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.