Common use of Miscellaneous Items Clause in Contracts

Miscellaneous Items. Assignment of this Agreement by Dealer without the prior written consent of CHUMS is void. The relationship between the Parties is that of independent contractors, and Dealer shall have no authority to bind CHUMS. The CHUMS Documents shall be governed by and interpreted under Colorado law without regard to that state’s conflicts of laws provisions, and all disputes shall be litigated as a bench trial in federal court in Salt Lake City, Utah or state court in Salt Lake City, Utah. Sections 1 through 9 of this Agreement survive its termination. The CHUMS Documents, as modified from time to time, constitute the entire understanding of the Parties and supersede all agreements and representations between the Parties, either oral or written, and are not subject to any rule of strict construction. In the event of any conflict between the CHUMS Policies and this Agreement, the CHUMS Policies will control. CHUMS’s interpretation of the CHUMS Documents governs. No failure by CHUMS to exercise any right(s) under the CHUMS Documents will constitute a waiver or limit any enforcement. Dealer agrees that CHUMS and the CHUMS Distributors may without liability cancel any pending orders (even if accepted) from Dealer and refuse to accept any new orders from Dealer. Each notice described in this Agreement must be in writing and is considered effective when received or refused (whether posted on a CHUMS website or sent via mail, email, courier, fax, bike messenger, or otherwise). Purchase order or other provisions from Dealer inconsistent with the CHUMS Documents are deemed stricken, unless expressly adopted in a written supplement signed by the Parties.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement, Authorized Dealer Agreement

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Miscellaneous Items. Assignment of this Agreement by Dealer without the prior written consent of CHUMS is void. The relationship between the Parties is that of independent contractors, and Dealer shall have no authority to bind CHUMS. The CHUMS Documents shall be governed by and interpreted under Colorado Utah law without regard to that state’s conflicts of laws provisions, and all disputes shall be litigated as a bench trial in federal court in Salt Lake City, Utah or state court in Salt Lake City, Utah. Sections 1 through 9 of this Agreement survive its termination. The CHUMS Documents, as modified from time to time, constitute the entire understanding of the Parties and supersede all agreements and representations between the Parties, either oral or written, and are not subject to any rule of strict construction. In the event of any conflict between the CHUMS Policies and this Agreement, the CHUMS Policies will control. CHUMS’s interpretation of the CHUMS Documents governs. No failure by CHUMS to exercise any right(s) under the CHUMS Documents will constitute a waiver or limit any enforcement. Dealer agrees that CHUMS and the CHUMS Distributors may without liability cancel any pending orders (even if accepted) from Dealer and refuse to accept any new orders from Dealer. Each notice described in this Agreement must be in writing and is considered effective when received or refused (whether posted on a CHUMS website or sent via mail, email, courier, fax, bike messenger, or otherwise). Purchase order or other provisions from Dealer inconsistent with the CHUMS Documents are deemed stricken, unless expressly adopted in a written supplement signed by the Parties.

Appears in 1 contract

Samples: Authorized Online Dealer Agreement

Miscellaneous Items. Assignment of this Agreement by Dealer without the prior written consent of CHUMS is void. The relationship between the Parties is that of independent contractors, and Dealer shall have no authority to bind CHUMS. The CHUMS Documents shall be governed by and interpreted under Colorado law without regard to that state’s conflicts of laws provisions, and all disputes shall be litigated as a bench trial in federal court in Salt Lake City, Utah or state court in Salt Lake City, Utah. Sections 1 through 9 of this Agreement survive its termination. The CHUMS Documents, as modified from time to time, constitute the entire understanding of the Parties and supersede all agreements and representations between the Parties, either oral or written, and are not subject to any rule of strict construction. In the event of any conflict between the CHUMS Policies and this Agreement, the CHUMS Policies will control. CHUMSXXXXX’s interpretation of the CHUMS Documents governs. No failure by CHUMS to exercise any right(s) under the CHUMS Documents will constitute a waiver or limit any enforcement. Dealer agrees that CHUMS and the CHUMS Distributors may without liability cancel any pending orders (even if accepted) from Dealer and refuse to accept any new orders from Dealer. Each notice described in this Agreement must be in writing and is considered effective when received or refused (whether posted on a CHUMS website or sent via mail, email, courier, fax, bike messenger, or otherwise). Purchase order or other provisions from Dealer inconsistent with the CHUMS Documents are deemed stricken, unless expressly adopted in a written supplement signed by the Parties.

Appears in 1 contract

Samples: Credit Agreement

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Miscellaneous Items. Assignment of this Agreement by Dealer without the prior written consent of CHUMS is void. The relationship between the Parties is that of independent contractors, and Dealer shall have no authority to bind CHUMS. The CHUMS Documents shall be governed by and interpreted under Colorado law without regard to that state’s conflicts of laws provisions, and all disputes shall be litigated as a bench trial in federal court in Salt Lake City, Utah or state court in Salt Lake City, Utah. Sections 1 through 9 of this Agreement survive its termination. The CHUMS Documents, as modified from time to time, constitute the entire understanding of the Parties and supersede all agreements and representations between the Parties, either oral or written, and are not subject to any rule of strict construction. In the event of any conflict between the CHUMS Policies and this Agreement, the CHUMS Policies will control. CHUMSXXXXX’s interpretation of the CHUMS Documents governs. No failure by CHUMS to exercise any right(s) under the CHUMS Documents will constitute a waiver or limit any enforcement. Dealer agrees that CHUMS XXXXX and the CHUMS Distributors may without liability cancel any pending orders (even if accepted) from Dealer and refuse to accept any new orders from Dealer. Each notice described in this Agreement must be in writing and is considered effective when received or refused (whether posted on a CHUMS website or sent via mail, email, courier, fax, bike messenger, or otherwise). Purchase order or other provisions from Dealer inconsistent with the CHUMS Documents are deemed stricken, unless expressly adopted in a written supplement signed by the Parties.

Appears in 1 contract

Samples: Credit Agreement

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