MISCELLANEOUS Binding Effect Sample Clauses
The Binding Effect clause establishes that the terms of the agreement are legally enforceable on all parties involved, as well as their successors and permitted assigns. In practice, this means that if a party to the contract is replaced by another entity, such as through a merger or assignment, the new party is still bound by the original contract's obligations and rights. This clause ensures continuity and enforceability of the agreement, preventing parties from escaping their responsibilities through changes in ownership or structure.
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MISCELLANEOUS Binding Effect. This Agreement and the rights and obligations hereof, shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. Conflicts. If there is a discrepancy or conflict between or among the terms and conditions of this cover agreement and the Appendices hereto, the terms and conditions of this cover agreement shall be given precedence over the Appendices, except as otherwise expressly agreed to in writing by the Parties. As permitted by the foregoing, the Parties expressly agree that the terms and conditions of the Appendices shall take precedence over the provisions of this cover agreement in case of a discrepancy or conflict between or among the terms and conditions of same.
MISCELLANEOUS Binding Effect. This Agreement and the rights and obligations hereof, shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the Parties hereto.
MISCELLANEOUS Binding Effect. This Agreement and the rights and obligations hereof, shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. Conflicts. If there is a discrepancy or conflict between or among the terms and conditions of this cover agreement and the Appendices hereto, the terms and conditions of this cover agreement shall be given precedence over the Appendices, except as otherwise expressly agreed to in writing by the Parties.
MISCELLANEOUS Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Member and the Member’s respective legal representatives, heirs, administrators, executors, successors and permitted assigns. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall be enforceable to the fullest extent permitted by law and the offending portion shall be modified so as to be legal and enforceable in a manner that, as closely as possible, reflects the Member’s original intent. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of , not including its conflicts of law provisions. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in this Agreement. Entire Agreement. This Agreement contains the entire understanding between the Member and the Company, and supersedes and cancels all prior agreements, whether oral or written, with respect to such subject matter. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. Amendment. This Agreement may be amended or modified only by a written agreement signed by the Member and the Company. Notices. Any notice or other communication given or made under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address in Exhibit 1 or to another address as a party may subsequently designate by notice and shall be deemed given on the date of delivery. Waiver. The Member shall not be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by the Member of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
MISCELLANEOUS Binding Effect. Each Party represents and warrants to the other that it has the power to enter into this Agreement and to perform its obligations under this Agreement. This Agreement shall be binding upon the Parties hereto and their respective successors and permitted assigns. 11.2