Integration of Agreements. This writing is intended by the Parties as a final expression of their agreement and is a complete and exclusive statement of its terms, and all negotiations, considerations and representations between the Parties are incorporated. No course of prior dealings between the Parties or their affiliates shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease. Acceptance of, or acquiescence to, a course of performance rendered under this Lease or any prior agreement between the Parties or their affiliates shall not be relevant or admissible to determine the meaning of any of the terms or covenants of this Lease. Other than as specifically set forth in this Lease, no representations, understandings, or agreements have been made or relied upon in the making of this Lease.
Integration of Agreements. This Access Agreement will be controlling in the event of any conflict between it and any relevant Deposit Account Agreement, Signature Card, training guide, user documentation, Materials, and any other document or written or oral statement. Current user documentation will be made available upon request. This Agreement supersedes all prior agreements and understandings, oral or written, between you and us relating to any service (excluding the current Deposit Account Agreement and Disclosure and excluding any security procedure and software license agreement previously agreed upon unless we notify you otherwise in writing). The terms and conditions of this Access Agreement are in addition to the terms and conditions of any credit agreement you may have with us. If you elect to receive other services from us, the terms and conditions for such services shall be incorporated herein by this reference. This Access Agreement is binding upon each of our respective successors and permitted assigns. You may not assign any of your rights or duties described in this Access Agreement without our prior written consent. This Access Agreement is not for the benefit of any other person, and no other person has any right under this Access Agreement against you or us. Nothing contained in this Access Agreement creates any agency, fiduciary, joint venture or partnership relationship between you and us. We are responsible only for performing the Services expressly provided for in this Access Agreement or by subsequent agreement between us. We may contract with an outside vendor in providing any Online Banking service. If any provision of this Access Agreement or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Access Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void and unenforceable shall remain enforceable to the fullest extent permitted by law. No delay or failure to exercise any right or remedy under this Access Agreement shall be deemed to be a waiver of such right or remedy. No waiver of a single breach or default under this Access Agreement is a waiver of any other breach or default. Any waiver under this Access Agreement must be in writing.
Integration of Agreements. This writing is intended by the Parties as a final expression of their agreement and is a complete and exclusive statement of its terms, and all negotiations, considerations and representations between the parties are incorporated. No course of prior dealings between Landlord and Tenant or their affiliates shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease. Acceptance of, or acquiescence to, a course of performance rendered under this Lease or any prior agreement between the Landlord and Tenant or their affiliates shall not be relevant or admissible to determine the meaning of any of the terms or covenants of this Lease. Other than as specifically set forth in this Lease, no representations, understandings, or agreements have been made or relied upon in the making of this Lease. LL INITIAL____JW________ TENANT INITIAL___GH_____________
Integration of Agreements. This Agreement, including its Schedules, represents the entire agreement of the parties relating to its subject matter and may be amended only in writing executed by both parties.
Integration of Agreements. This writing is intended by the Parties as a final expression of their agreement and is a complete and exclusive statement of its terms, and all negotiations, considerations and representations between the Parties are incorporated. No course of prior dealings between the Parties or their affiliates shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease. Acceptance of, or acquiescence to, a course of performance rendered under this Lease or any prior agreement between the Parties or their affiliates shall not be relevant or admissible to determine the meaning of any of the terms or covenants of this Lease. Other than as specifically set forth in this Lease, no representations, understandings, or agreements have been made or relied upon in the making of this Lease, with the exception of the representations of Landlord stated in Exhibit G attached hereto and made a part hereof regarding the creation and implementation of covenants and restrictions affecting National Business Park.
Integration of Agreements. 21 46. Hazardous Material; Indemnity....................................... 21 47. Americans With Disabilities Act..................................... 23 48.
Integration of Agreements. Each Equity Holder hereby agrees to become a party to Article VI of the JB Lease Agreement, for purposes of the indemnification obligations only of JB Lease under the JB Lease Agreement, and agrees to be fully bound by, and subject to, all of the covenants, terms and conditions of the JB Lease Agreement as though an original party thereto for purposes of JB Lease’s indemnification obligations under Article VI of the JB Lease Agreement. The Equity Holders hereby agree to be responsible, jointly and severally, with JB Lease and its successors and assigns for all indemnification obligations of JB Lease, as set forth in Article VI of the JB Lease Agreement, to any of the Buyer Indemnified Parties (as defined in the JB Lease Agreement), each of which is a third-party beneficiary of this Agreement. It is further agreed, for the avoidance of doubt, that the provisions in Article VI of the JB Lease Agreement related to claims made against JB Lease, such as the provisions related to Limitations on Indemnification, Tax Treatment of Indemnity Payments, and Offset, will also apply to the Equity Holders hereunder, mutatis mutandis.
Integration of Agreements. This Agreement shall be read together with that certain Early Retirement Agreement, Waiver and Release of Claims entered into between TFC Enterprises, Inc., TFC and Contractor as of September 30, 1996 ("Early Retirement Agreement"). This Agreement and the Early Retirement Agreement contain the entire agreement of the parties hereto and supersede all prior and contemporaneous agreements, negotiations and understandings relating to the subject matter thereof and hereof. There are no other understandings, promises or inducements contrary to the terms of the Early Retirement Agreement or this Agreement. Should there be any conflict between the terms of the Early Retirement Agreement and this Agreement, the terms of the Early Retirement Agreement shall control.
Integration of Agreements. This writing is intended by the Parties as a final expression of their agreement and is a complete and exclusive statement of its terms, and all negotiations, considerations and representations between the Parties are incorporated. No course of prior dealings between the Parties or their affiliates shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease, except for the provisions of the settlement agreement to be entered into between Landlord and Baan as it applies to Tenant. Acceptance of, or acquiescence to, a course of performance rendered under this Lease or any prior agreement between the Parties or their affiliates shall not be relevant or admissible to determine the meaning of any of the terms or covenants of this Lease. Other than as specifically set forth in this Lease, no representations, understandings, or agreements have been made or relied upon in the making of this Lease.
Integration of Agreements. This Agreement is an amendment, continuation and extension of a business relationship established between November 15, 2003 and January 9, 2004. The documents identified below (collectively the “Prior Agreements”) establish and define the terms of the parties’ relationship with each other: · A Development and License Agreement between C&T and Axion dated November 15, 2003; · A letter of clarification from Axion to C&T dated November 15, 2003; · A letter of amendment from Axion to C&T dated November 17, 2003; · A First Amendment to Development and License Agreement dated January 9, 2004; and · A Dispute Resolution Memorandum dated January 25, 2005. Except to the extent that the terms of any Prior Agreements are amended by the express terms of a later agreement, such Prior Agreements are intended to continue in full force and effect. In the event of an inconsistency between the Prior Agreements and this Agreement, the contracts shall be interpreted in a manner that will give fair application to all agreements between the parties. If provisions of any agreements between the parties are inconsistent with the terms of an earlier agreement, the terms of the later agreement shall be given priority. To the extent possible, the agreements between the parties are to be interpreted as an integrated whole and if any terms are held to be invalid; the remainder shall not be affected thereby. By execution of this Agreement, C&T and Axion expressly affirm their mutual intention to fully comply with all applicable requirements of the Prior Agreements.
