ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER Sample Clauses

ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. This agreement is the complete agreement and understanding between the parties with respect to its subject matter, and it may not be modified, altered, changed, or amended in any way unless the modification, alteration, change, or amendment is made in writing and signed by both parties. Before accepting any modifications, adjustments, revisions, or amendments, the Contractor has the right to negotiate any suggested modifications with the Company. Before accepting any modifications, revisions, changes, or amendments, the Contractor shall also have the right to evaluate whether or not to maintain its contractual connection with the Company. This agreement supersedes and nullifies all prior agreements between the parties. This agreement supersedes the consumer-facing terms and conditions agreement of our Company (or the updated consumer-facing terms and conditions agreement, if applicable) to the extent that the consumer-facing terms and conditions agreement of our Company is inconsistent with or in conflict with this agreement. However, the Contractor's decision to opt-out of the mutual arbitration provision in this clause has no impact on the enforceability of any arbitration provision contained in the consumer-facing terms and conditions agreement to which the Contractor may be bound (and vice versa). This agreement binds the parties, including their heirs and successors, with the exception that our Company may assign its rights and responsibilities under this agreement to an affiliate of our Company or any successor(s) to its Company and/or purchaser of substantially all of its stock or assets. Neither party may assign this agreement without the prior written agreement of the other party. In this agreement, any references to the Company. Include their respective successors (s). The failure of our Company or Contractor to insist on strict performance of the terms of this agreement or to exercise any option contained herein shall not be construed as a waiver or relinquishment of such term or option, and such term or option shall remain in full force and effect notwithstanding the failure of either party to insist on strict performance of the terms of this agreement in any instance.
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 1. This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with TAB and consider whether to continue his/her contractual relationship with TAB. This Agreement supersedes any prior contract between the parties. To the extent TAB’s user facing Terms of Use Agreement (or updated user facing Ters of USe Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. However, the decision to opt-out of the Mutual Arbitration Provision in this Agreement does not affect the enforceability of any arbitration agreement in the consumer facing Terms and Conditions Agreement to which Contractor may be bound (and vice versa). This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that TAB may assign its rights and obligations under this Agreement to an affiliate of TAB or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to TAB shall be deemed to include such successor(s).
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 1. This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both Parties. Before accepting any modifications, alterations, changes or amendments, the Contractor shall have the right to discuss any proposed changes with XxxxxXxxx and consider whether to continue his/her contractual relationship with OrderEats. This Agreement supersedes any prior contract between the Parties. This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that OrderEats may assign its rights and obligations under this Agreement to an affiliate of OrderEats or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to OrderEats shall be deemed to include such successor(s).
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 14.1 Unless otherwise stated in this Agreement, this Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall be only modified, altered, changed, or amended as set out in clause 1.
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 1. This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with RICEPO and consider whether to continue his/her contractual relationship with RICEPO. Subject to the Pending Claim Exclusion in Section XI (1) above, this Agreement supersedes any prior contract between the parties. To the extent RICEPO's consumer facing Terms and Conditions Agreement (or updated consumer facing Terms and Conditions Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that RICEPO may assign its rights and obligations under this Agreement to an affiliate of RICEPO or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to RICEPO shall be deemed to include such successor(s).
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 1. This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties, or unless DOORDASH modifies the Agreement pursuant to Section
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 1. This Agreement shall constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and signed by both parties. Before accepting any modifications, alterations, changes or amendments, CONTRACTOR shall have the right to discuss any proposed changes with AITEMCONNECT and consider whether to continue his/her contractual relationship with AITEMCONNECT. This Agreement supersedes any prior contract between the parties. To the extent AITEMCONNECT’s consumer facing Terms and Conditions Agreement (or updated consumer facing Terms and Conditions Agreement, if applicable) is inconsistent or conflicts with this Agreement, this Agreement controls. However, the decision to opt-out of the Mutual Arbitration Provision in this Agreement does not affect the enforceability of any arbitration agreement in the consumer facing Terms and Conditions Agreement to which Contractor may be bound (and vice versa). This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the parties hereto, including their heirs and successors, provided, however, that AITEMCONNECT may assign its rights and obligations under this Agreement to an affiliate of AITEMCONNECT or any successor(s) to its business and/or purchaser of substantially all of its stock or assets. References in this Agreement to AITEMCONNECT shall be deemed to include such successor(s).
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 13A. This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. To the extent Postmates’ Terms of Service Agreement (as may be periodically updated) is inconsistent or conflicts with this Agreement, this Agreement controls. This Agreement may not be assigned by either party without written consent of the other and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that Postmates may assign its rights and obligations under this Agreement to an affiliate of Postmates or any successor(s) to its business and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to Postmates shall be deemed to include such successor(s).
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ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER. 13A. This Agreement shall constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and shall not be modified, altered, changed or amended in any respect, unless in writing and executed by both Parties. This Agreement supersedes any prior contract between the Parties. This Agreement may not be assigned by either Party without written consent of the other, and shall be binding upon the Parties hereto, including their heirs and successors, provided, however, that Localposh may assign its rights and obligations under this Agreement to an affiliate of Localposh or any successor(s) to its business and/or purchaser of all or substantially all of its stock or assets. References in this Agreement to Localposh shall be deemed to include such successor(s).
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Related to ENTIRE AGREEMENT, TRANSFERABILITY, AND WAIVER

  • Entire Agreement and Waiver This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, arrangements, negotiations, and understandings between the parties hereto relating to the subject matter hereof. There are no other understandings, statements, promises or inducements, oral or otherwise, contrary to the terms of this Agreement. No representations, warranties, covenants, or conditions, express or implied, whether by statute or otherwise, other than as set forth herein have been made by any party hereto. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other provision hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver, and no waiver shall be binding unless executed by the party making such waiver.

  • 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 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; 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; Amendment and Waiver This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject matter hereof. Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the parties to this Agreement.

  • 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.

  • Entire Agreement and Severability This Agreement represents the entire agreement among the parties with regard to the investment management matters described herein and may not be amended, modified or waived without the affirmative written consent of the Adviser and the Sub-Adviser effected in accordance with Section 17 of this Agreement except as otherwise noted herein. If any provision of this Agreement shall be held or made invalid by a statute, rule, regulation, decision of a tribunal or otherwise, the remainder of this Agreement shall not be affected thereby and, to this extent, the provisions of this Agreement shall be deemed to be severable.

  • 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; 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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