General Provisions Entire Agreement. The Contract, Appendices, and Exhibits constitute the entire agreement between DIR and the Vendor. No statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained in the Contract, Appendices, or its Exhibits shall be binding or valid.
General Provisions Entire Agreement. Except as otherwise provided herein, these terms and conditions and the face of BUYER’S purchase order to SELLER (and if the Agreement is for SERVICES, SELLER’S applicable Labor Rate Sheet) shall constitute the entire agreement between BUYER and SELLER and can only be modified by a writing signed by duly authorized representatives of both BUYER and SELLER. Should any part of the AGREEMENT be deemed invalid by a court of law that shall not constitute an invalidation of any other part of the AGREEMENT. Section headings are for purposes of guidance only and are not to be considered a part of the AGREEMENT. SELLER’S acceptance of BUYER’S purchase order is expressly made conditional on BUYER’S assent to these terms and conditions and the rejection of any other terms and conditions. Acceptance by BUYER of GOODS, PARTS, or SERVICES shall constitute unequivocal acceptance of these terms and conditions. Past practice, industry standards or practices or previous course of dealing or trade shall not supersede or replace these terms or conditions. Failure of SELLER to effect any available right or remedy shall not operate as a waiver of same. XXXXX acknowledges the import of these terms and conditions and understands the contractual obligations created.
General Provisions Entire Agreement. (a) The Contract, and any variations or amendments to the Contract made by Us in accordance with these Terms and Conditions, constitutes the entire agreement between You and Us about its subject matter and any previous agreements (whether oral or in writing), understandings and negotiations on that subject matter have no effect.
General Provisions Entire Agreement. 10.1 This Agreement constitutes the entire agreement among the Parties and supersedes every previous agreement, communication, expectation, negotiation, representation or understanding, whether oral or written, express or implied, statutory or otherwise, between the Parties with respect to the subject matter of this Agreement other than agreements executed by each of the Parties on or after the date of this Agreement. NO OTHER REPRESENTATIONS 10.2 No director, officer, employee or agent of any Party has any authority to make any representation or warranty not contained in this Agreement, and each Party agrees that it has executed this Agreement without reliance upon any such representation or warranty.
General Provisions Entire Agreement. 10.1 This Agreement together with any other agreements or documents referred to in this Agreement or executed in connection with this Agreement is the entire agreement of the parties about the subject matter of this Agreement and supersedes all other representations, negotiations, arrangements, understandings or agreements and all other communications. No partnership or agency
General Provisions Entire Agreement. 9.1 Subject to the National Gas Rules, this Agreement contains everything the parties have agreed on in relation to the matters it deals with.
General Provisions Entire Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS DOCUMENT AND THE FACE OF BUYER'S
General Provisions Entire Agreement. The Contract and Exhibits, including this Exhibit A-1 constitute the entire agreement between TFC and the Contractor. No statement, promise, condition, understanding, inducement or representation, oral or written, expressed or implied, which is not contained in the Contract or its Exhibits shall be binding or valid.
General Provisions Entire Agreement. This Agreement is accepted upon your access and use of the Site and is further affirmed by you becoming a Member and maintaining a Membership. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
General Provisions Entire Agreement. This Agreement is accepted upon your access and use of the Site and is further affirmed by you becoming a Member and maintaining a Membership. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and us regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent concerning the subject matter of this Agreement. Section Titles, Severability The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intent of the provision; and if a court or arbitrator finds the modified provision unlawful, void or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way. Survival The terms of this Agreement shall survive any termination for any reason, except the following sections and subsections: Section 10 "Access to and Use of the Site" and Section 18, Subsection "Communications with Users". No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any Content or other material used or displayed through the Site. No Waivers Our failure to act concerning a breach by you or others does not waive our right to act for that breach or subsequent or similar breaches. No consent or waiver by Xxxxxxxxxxxxxxxxx.xxx under this Agreement shall be deemed effective unless delivered in a writing and signed by a duly appointed officer of Xxxxxxxxxxxxxxxxx.xxx. Notwithstanding anything else in this Agreement, no default, delay, or failure to perform on the part of Xxxxxxxxxxxxxxxxx.xxx shall be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond the reasonable control of Xxxxxxxxxxxxxxxxx.xxx.
