Modification/Entire Agreement. This Agreement (i) may only be modified by a written instruction executed by the Purchaser and the Company; (ii) sets forth the entire agreement of the Purchaser and the Company with respect to the subject matter hereof; and (iii) shall enure heirs, legal representatives, successors and permitted assigns.
Modification/Entire Agreement. This Agreement may not be altered, modified or amended except by an instrument in writing signed by all of the parties hereto. No person, whether or not an officer, agent, employee or representative of any party, has made or has any authority to make for or on behalf of that party any agreement, representation, warranty, statement, promise, arrangement or understanding not expressly set forth in this Agreement or in any other document executed by the parties concurrently herewith ("Parol Agreements"). This Agreement and all other documents executed by the parties concurrently herewith constitute the entire agreement between the parties and supersede all express or implied, prior or concurrent, Parol Agreements and prior written agreements with respect to the subject matter hereof. The parties acknowledge that in entering into this Agreement, they have not relied and will not in any way rely upon any Parol Agreements.
Modification/Entire Agreement. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor.
Modification/Entire Agreement. This Agreement contains the entire and complete understanding between the parties concerning its subject matter and all representations, agreements, arrangements and understandings between or among the parties, whether oral or written, have been fully merged herein and are superseded thereby, except for representations, agreements, arrangements and understandings between or among the parties made pursuant to the Debt Instruments. This Agreement may be modified only by a writing signed by both parties.
Modification/Entire Agreement. No provisions of this Agreement may be amended, modified, or waived unless such amendment or modification is agreed to in writing signed by Director and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by either party hereto at any time of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement. The respective rights and obligations of the parties hereunder of this Agreement shall survive the termination of this Agreement to the extent necessary for the intended preservation of such rights and obligations. Except or otherwise provided in Section 8 herein, the validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Colorado without regard to its conflicts of law principles.
Modification/Entire Agreement. This Agreement will not be amended without the written consent of both parties hereto. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings related to such subject matter.
Modification/Entire Agreement. No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Material And Force Account Estimate CITY / STATE / FED Estimate Number: 123848 Version: 1 Standard Rates: Labor Additive = 233.58% Estimate Good Until 01-18-20 Location: GREELEY SUB, SIMN, 51.8-51.84 Description of Work: Greeley Sub DOT# 804372P-2 / Greeley, CO Extension of 4 crossing surfaces to accommodate proposed quiet zone. Prepared For: Buy America: Yes COMMENTS FACILITY Description QTY ENGINEERING UOM UCST LABOR MATERIAL TOTAL UP %50 Agcy %50 Engineering 1 LS 22,092.60 22,093 0 22,093 11,046 11,046 Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 450 450 Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 450 450 Foreign Line Freight - Track Surface RECOLLECT 1 LS 1,822.70 0 1,823 1,823 911 911 TRACK CONSTRUCTION - COMPANY Sub-Total = 22,093 3,623 25,715 12,858 12,858 RDXING RDXING 136# CON9W 9' LOOSE PAN TIES, RAIL 8 TF 1,056.71 4,283 4,171 8,454 4,227 4,227 RDXING RDXING 136# CON10W 10' LOOSE PAN TIES 96 TF 885.81 51,395 33,643 85,038 42,519 42,519 BALAST BALAST CL1 1 CL 1,869.86 754 1,116 1,870 935 935 RDXING RDXING 136# CON10W 10' LOOSE PAN TIES 96 TF 885.81 51,395 33,643 85,038 42,519 42,519 BALAST BALAST CL1 1 CL 1,869.86 754 1,116 1,870 935 935 TRACK REMOVAL - COMPANY Sub-Total = 108,581 73,689 182,270 91,135 91,135 RDXING Remove road crossing - prefab 88 TF 125.77 11,068 0 11,068 5,534 5,534 TRACK Remove Track 8 TF 24.87 199 0 199 99 99 RDXING Remove road crossing - prefab 88 TF 125.77 11,068 0 11,068 5,534 5,534 TRACK Remove Track 8 TF 24.87 199 0 199 99 99 SIGNAL - COMPANY Sub-Total = 22,534 0 22,534 11,267 11,267 Signal: Xing Signals 1 LS 1,500.00 1,500 0 1,500 750 750 Sub-Total = 1,500 0 1,500 750 750
Modification/Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement (including, without limitation, the Prior Agreement) shall be deemed to exist or bind either of the parties hereto, except for any pre-employment confidentiality agreement that may exist between the parties or any agreement or policy specifically referenced herein. This Agreement cannot be modified except by a writing signed by both parties.
Modification/Entire Agreement. This Lease contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, amended, modified, limited or extended orally or by agreement between the parties unless such agreement be expressed in writing and signed by Lessor and Lessee or their respective successors in interest.
Modification/Entire Agreement. This Agreement will not be ------------------------------ amended without the written consent of both parties hereto. This Agreement and Section 8 of the Purchase Agreement constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings related to such subject matter.
