Merger and Amendments. This Agreement may not in any way be ---------------------- modified, changed or amended except by a written instrument duly executed by the parties hereto which states that it is an amendment to this Agreement. This Agreement, including Exhibit A and the Software Support Program Terms and Conditions, when executed, constitutes the entire, final, complete and exclusive agreement between the parties and supersedes any prior negotiations, understanding or agreements, whether oral or in writing, concerning the subject matter hereof. Moreover, any standard printed forms or other documents of either party (such as those contained on a purchase order or invoice) shall have no force or effect.
Merger and Amendments. This Purchase Order and any contract formed between the parties as a result shall include the terms and conditions set forth on the order and is intended by the parties as the final expression of their agreement, merging all prior negotiations and agreements, whether written or oral. No agreement or understanding to modify this order or such contract shall be binding upon Buyer unless in writing and signed by Buyer. All specifications, drawings and data submitted to Seller with this order are hereby incorporated herein and made a part hereof. FORCE MAJEURE: Performance of any obligation under this contract (other than to make a payment when due) may be suspended by either party without liability to the other party, to the extent that: an Act of God; war; riot; governmental laws, regulations or orders; a cause that renders commercially infeasible or impractical, the performance of this contract or the consumption, sale or use of the product (“Force Majeure Event”). A Force Majeure event shall also include Buyer’s suspension of operation or closure of a facility that produces or consumes product because the operation of or product from that facility fails to comply with, or becomes uneconomical because of compliance with, any applicable law or governmental regulation, order, decree or request. The affected party shall invoke this provision by promptly giving written notice to the other party of the nature and estimated duration and effect of the Force Majeure event.
Merger and Amendments. This Agreement contains the entire understanding and agreement between parties upon the subject matter of this Agreement and, except as otherwise provided herein, may be changed only by written amendment signed by all of the Partners at such time. Any prior understandings and agreements between the parties are merged herein, except only as herein otherwise expressly stated.
Merger and Amendments. All negotiations, considerations, representations, and understandings between the parties are incorporated herein and may be modified or altered only by a written instrument signed by representatives of both parties.
Merger and Amendments. 26 15.4 Headings..............................................................26 15.5 Waiver................................................................26 15.6 Severability..........................................................26 15.7 Binding...............................................................26 15.8 Counterparts..........................................................26 15.9
Merger and Amendments. This Agreement together with the agreements referred to herein contain the entire agreement among the Members with respect to the subject matter hereof, and supersede all prior agreements and understandings, written or oral, between the parties with respect thereto, whether or not relied or acted upon. No course of conduct pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, and no usage of trade, shall amend this Agreement or impair or otherwise affect any Member's obligations, rights and remedies pursuant to this Agreement. No information included in any public filing of any Member shall be deemed to be included in or disclosed in this Agreement. No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members.
Merger and Amendments. This Agreement and the Exhibits attached hereto, each of which is hereby incorporated herein, set forth all of the promises, covenants, agreements, conditions and undertakings between the parties hereto relating to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by both parties hereto.
Merger and Amendments. This Agreement together with the agreements referred to herein contain the entire agreement among the Members with respect to the subject matter hereof, and supersede all prior agreements and understandings, written or oral, between the parties with respect thereto, whether or not relied or acted upon. No course of conduct pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, and no usage of trade, shall amend this Agreement or impair or otherwise affect any Member’s obligations, rights and remedies pursuant to this Agreement. No amendment to this Agreement shall be effective unless made in a writing duly executed by all Members.
Merger and Amendments. The Agreement, the Original Schedules and the Exhibits to the Agreement, as amended by this First Amendment and the Amended Schedules, constitute the entire understanding and agreement between the Parties. All prior understandings and agreements are merged into or superseded by the Agreement, the Original Schedules and the Exhibits to the Agreement, as amended by the First Amendment and the Amended Schedules. No modification to the Agreement, Original Schedules, Exhibits to the Agreement, First Amendment, or Amended Schedules shall be binding upon any Party unless reduced to a writing which is signed by both Parties.
Merger and Amendments. This Agreement contains the entire agreement among the Members with respect to the subject matter hereof, and supersedes all prior agreements and understandings, written or oral, between the parties with respect thereto, whether or not relied or acted upon. No course of conduct pursued or acquiesced in, and no oral agreement or representation subsequently made, by the Members, and no usage of trade, shall amend this Agreement or impair or otherwise affect any Member's obligations, rights and remedies pursuant to this Agreement. For so long as any amounts due under the terms of the New Note are outstanding, this Agreement may not be modified, amended or otherwise altered without the prior written consent of (i) the lenders holding at least 66% of the interests in the New Note or such higher supermajority as may be required pursuant to the terms of the New Note and (ii) the Independent Member.
