ENTIRE AGREEMENT; SECTION HEADINGS; COUNTERPARTS. 40.1 This Agreement together with each of the Exhibits listed in Section 2 above, each of which is attached hereto and incorporated herein by reference, constitutes the entire agreement between Supplier and Intentia with respect to the transactions contemplated herein and the subject matter hereof, and it supersedes and replaces all prior oral or written agreements, commitments or understandings with respect to the transactions contemplated herein and the subject matter hereof. No amendment, modification or discharge of this Agreement shall be valid or binding, unless set forth in writing and duly executed and delivered by both Intentia and Supplier. The section headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions of this Agreement. To facilitate execution, this Agreement may be executed in as many counterparts as may be required, and all counterparts shall collectively constitute a single Agreement.
ENTIRE AGREEMENT; SECTION HEADINGS; COUNTERPARTS. This Agreement together with Exhibit A hereto constitutes the entire agreement between Symphony and Client with respect to the transactions contemplated herein and the subject matter hereof, and it supersedes and replaces all prior oral or written agreements, commitments or understandings with respect to the transactions contemplated herein and the subject matter hereof. Notwithstanding the foregoing, this Agreement does not supersede or replace any portion of the Reseller Agreement. No amendment, modification or discharge of this Agreement shall be valid or binding, unless set forth in writing and duly executed and delivered by an authorized representative of both Client and Symphony. In the event of any inconsistency or conflict between the terms and conditions of this Agreement and any transactional or other document issued in connection herewith, the terms and conditions of this Agreement shall, in all instances, govern and control, provided, however, that in the event of an inconsistency or conflict between the terms and conditions of this Agreement and any Statement of Work issued hereunder where the applicable term(s) of the applicable Statement of Work expressly state that they shall take precedence over the competing term(s) in the Agreement, then such Statement of Work term(s) shall govern and control in such instance. The parties acknowledge and agree that any preprinted terms on any transactional or other document issued in connection herewith (including, without limitation, purchase orders, RFPs, bills of lading, etc.) are per se null and void and of no force or effect. The section headings contained in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions of this Agreement. To facilitate execution, this Agreement may be executed in as many counterparts as may be required, and all counterparts shall collectively constitute a single Agreement.
