Common use of Misc Clause in Contracts

Misc. This Agreement may only be amended or modified by an instrument in writing signed by Supplier and Buyer, and no provision of this Agreement and no right or obligation of either party under this Agreement may be waived expect by an instrument in writing signed by the party waiving the provision, right or obligation. Any failure by Supplier to exercise any rights or privileges hereunder shall in no way affect or impair the rights of Supplier, or its security interest as herein provided or Supplier’s liability hereunder. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior proposals and agreements, oral or written, and all other communications between the parties with respect to the matter of this Agreement. This Agreement shall, in all respects, be interpreted, construed, and governed by and in accordance with the laws of the State of North Carolina without regard to its conflicts of law provisions. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. It shall not be necessary for the same counterpart to be executed by all of the parties hereto in order for this instrument to be fully and legally upon any party executing at least one counterpart, provided all of the parties to honor to have duly executed at least one counterpart. If the Agreement is to be signed by two or more parties on behalf of Buyer, it shall be the joint and several obligations of such parties to honor and bound by the terms of this Agreement. Section headings are for convenient reference only and shall not affect the meaning or have any bearing on the interpretation of any provision of this Agreement.