Common use of Governing Terms Clause in Contracts

Governing Terms. This Purchase Order constitutes the sole, exclusive and entire agreement by and between Company and Contractor. The terms “Buyer” and “Seller” shall include their respective officers, employees, agents, contractors, suppliers, material-men, successors, assigns and affiliates. Any modifications to this Purchase Order must be in writing and signed by both parties. If any provision herein is held to be invalid, the remaining provisions shall survive and remain in full force and effect. This Purchase Order shall control in the event of any inconsistency in any document referred to or incorporated herein, or provided by the Contractor. The terms of this Purchase Order may not be supplemented, amended, modified or otherwise changed except by a writing executed by all parties hereto. A waiver by Buyer of any right or failure to insist on strict performance under this Purchase Order shall not be construed as a waiver for any subsequent opportunities for performance or to enforce any rights or remedies under this Purchase Order. Delivery of goods constitutes Seller’s acceptance of all terms and conditions of this Purchase Order.

Appears in 4 contracts

Samples: Silver Bell, www.asarco.com, Silver Bell

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Governing Terms. This Purchase Order constitutes the sole, exclusive and entire agreement by and between Company and Contractor. The terms “BuyerCompany” and “SellerContractor” shall include their respective officers, employees, agents, contractors, suppliers, material-men, successors, assigns and affiliates. Any modifications to this Purchase Order must be in writing and signed by both parties. If any provision herein is held to be invalid, the remaining provisions shall survive and remain in full force and effect. This Purchase Order shall control in the event of any inconsistency in any document referred to or incorporated herein, or provided by the Contractor. The terms of this Purchase Order may not be supplemented, amended, modified or otherwise changed except by a writing executed by all parties hereto. A waiver by Buyer Company of any right or failure to insist on strict performance under this Purchase Order shall not be construed as a waiver for any subsequent opportunities for performance or to enforce any rights or remedies under this Purchase Order. Delivery Initiation of goods services constitutes SellerContractor’s acceptance of all terms and conditions of this Purchase Order.

Appears in 3 contracts

Samples: Silver Bell, www.asarco.com, Silver Bell

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