Common use of MISCELLANEOUS; ENTIRE UNDERSTANDING Clause in Contracts

MISCELLANEOUS; ENTIRE UNDERSTANDING. The titles of the paragraphs of this Agreement are for convenience only and shall not in any way affect the interpretation of this Agreement. This Agreement does not in any way create the relationship of franchise, joint venture, partnership or agency between WG and Affiliate, and each shall remain an independent contractor, and as such shall not act or represent itself, directly or by implication, as agent for the other or assume or create any obligation of or in the name of the other. This Agreement will inure to the benefit of and be binding upon the Parties and their respective representatives, and permitted successors and assignees. This Agreement, including the Exhibits identified herein, sets forth the entire understanding of the parties with respect to the subject matter hereof, and all oral agreements and all prior written agreements with respect to such subject matter have been merged herein. No representations or warranties have been made other than those expressly provided for herein. This Agreement may not be modified, except by a written instrument signed by an authorized representative of the parties, and this provision may not be waived except by written instrument signed by an officer of the parties. This Agreement may be executed in any number of counterparts, with each such counterpart deemed to be an original, but all such counterparts shall together constitute one and the same instrument. In the event this agreement is translated into any foreign language counterpart, the English language counterpart shall remain controlling. This Agreement shall be presumed to have been negotiated and drafted by both Parties for the purpose of construing any ambiguities hereunder.

Appears in 4 contracts

Samples: Worldgate Affiliation Agreement (Worldgate Communications Inc), Worldgate Affiliation Agreement (Worldgate Communications Inc), Worldgate Affiliation Agreement (Worldgate Communications Inc)

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MISCELLANEOUS; ENTIRE UNDERSTANDING. The titles of the paragraphs of this Agreement are for convenience only and shall not in any way affect the interpretation of this Agreement. This Agreement does not in any way create the relationship of franchise, joint venture, partnership or agency between WG and Affiliate, and each shall remain an independent contractor, and as such shall not act or represent itself, directly or by implication, as agent for the other or assume or create any obligation of or in the name of the other. This Agreement will inure to the benefit of and be binding upon the Parties and their respective representatives, and permitted successors and assignees. This Agreement, including the Exhibits identified herein, sets forth the entire understanding of the parties with respect to the subject matter hereof, and all oral agreements and all prior written agreements with respect to such subject matter have been merged herein. No representations or warranties have been made other than those expressly provided for herein. This Agreement may not be modified, except by a written instrument signed by an authorized representative of the partiesParties, and this provision may not be waived except by written instrument signed by an officer of the partiesParties. This Agreement may be executed in any number of counterparts, with each such counterpart deemed to be an original, but all such counterparts shall together constitute one and the same instrument. In the event this agreement is translated into any foreign language counterpart, the English language counterpart shall remain controlling. This Agreement shall be presumed to have been negotiated and drafted by both Parties for the purpose of construing any ambiguities hereunder.

Appears in 2 contracts

Samples: Worldgate Affiliation Agreement (Worldgate Communications Inc), Worldgate Affiliation Agreement (Worldgate Communications Inc)

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