Common use of MISCELLANEOUS Entire Agreement Clause in Contracts

MISCELLANEOUS Entire Agreement. This Agreement is binding upon and shall inure to the benefit of the parties hereto, their representatives, successors and assigns. No failure or successive failures on the part of any party, its successors or assigns, to enforce any covenant or agreement, and no waiver or successive waivers on its or their part of any condition of this Agreement, shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party, its successors and assigns, to enforce the same in the event of any subsequent breach or breaches by the other party, its successors or assigns. This Agreement (including the relevant allocation application) constitutes the entire agreement among the parties and supersedes all previous agreements and understandings relating to the subject matter of this Agreement. The Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of each party. This Agreement may be executed in counterparts. Unless explicitly accepted in this Agreement or in a document specifically entitled as an amendment to this Agreement, terms appearing in purchase orders shall be of no effect other than evidencing Institution’s and User’s intent to be bound to this Agreement. This Agreement is made in favor of, and for the express benefit of, CMU and the other Anton Parties. Except as provided in the prior sentence, there are no other third party beneficiaries. Intending to be legally bound, this Agreement is effective for PIs as of the earlier of: (a) the date the User signs this Agreement; or (b) the date that the User is allowed access to Xxxxx. USER

MISCELLANEOUS Entire Agreement. This Agreement is binding upon and shall inure to the benefit of the parties hereto, their representatives, successors and assigns. No failure or successive failures on the part of any party, its successors or assigns, to enforce any covenant or agreement, and no waiver or successive waivers on its or their part of any condition of this Agreement, shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party, its successors and assigns, to enforce the same in the event of any subsequent breach or breaches by the other party, its successors or assigns. This Agreement (including the relevant allocation application) constitutes the entire agreement among the parties and supersedes all previous agreements and understandings relating to the subject matter of this Agreement. The Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of each party. This Agreement may be executed in counterparts. Unless explicitly accepted in this Agreement or in a document specifically entitled as an amendment to this Agreement, terms appearing in purchase orders shall be of no effect other than evidencing Institution’s and User’s intent to be bound to this Agreement. This Agreement is made in favor of, and for the express benefit of, CMU and the other Anton Parties. Except as provided in the prior sentence, there are no other third party beneficiaries. Intending to be legally bound, this Agreement is effective for PIs as of the earlier of: (a) the date the User signs this Agreement; or (b) the date that the User is allowed access to XxxxxAnton. USER