Common use of Miscellaneous Clause in Contracts

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the waiver, discharge or termination is sought.

Appears in 559 contracts

Samples: Pooling and Servicing Agreement (BMO 2024-C10 Mortgage Trust), Pooling and Servicing Agreement (BMO 2024-C10 Mortgage Trust), Pooling and Servicing Agreement (BMO 2024-C10 Mortgage Trust)

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Miscellaneous. This Agreement supersedes all prior or contemporaneous agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the such change, waiver, discharge or termination is sought.

Appears in 184 contracts

Samples: Underwriting Agreement (Bank5 2024-5yr11), Underwriting Agreement (BBCMS Mortgage Trust 2024-C30), Underwriting Agreement (Bank5 2024-5yr10)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.. * * * * * *

Appears in 177 contracts

Samples: Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2020-Cor7), Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2020-Cor7), Mortgage Loan Purchase Agreement (JPMDB Commercial Mortgage Securities Trust 2020-Cor7)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.

Appears in 166 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust)

Miscellaneous. This Agreement supersedes all prior or contemporaneous agreements and understandings relating to the its subject matter hereofmatter. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the such change, waiver, discharge or termination is sought.

Appears in 53 contracts

Samples: Subordinated Underwriting Agreement (Citicorp Mortgage Securities Inc), Cmalt (Citicorp Mortgage Securities Inc), Cmalt (Citicorp Mortgage Securities Inc)

Miscellaneous. This Agreement agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

Appears in 3 contracts

Samples: Household Affinity Funding Corp, Hrsi Funding Inc Ii, Hrsi Funding Inc Ii

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Miscellaneous. This Agreement supersedes all prior agreements Agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Purchase Agreement (Health & Retirement Properties Trust)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.. * * * * * * 27

Appears in 1 contract

Samples: Seller Mortgage Loan Purchase Agreement (Benchmark 2019-B11 Mortgage Trust)

Miscellaneous. (a) This Agreement supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the such change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement (Commercial Mortgage Acceptance Corp)

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