ORAL AGREEMENT. THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES.
ORAL AGREEMENT. THIS WRITTEN AGREEMENT AND THE LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. To the extent permitted by law, the Borrower agrees to and does hereby waive trial by jury in any action, proceeding, or counterclaim brought by either the Borrower or the Lender on any matters whatsoever arising out of or in any way connected with this Agreement or any claim EXHIBIT 10.5 of damage resulting from any act or omission of the Borrower or Lender or either of them in any way connected with this Agreement.
ORAL AGREEMENT. Any oral agreements (past, present and future) concerning any aspect of the loan are null and void. This document contains all the agreements between the Borrower, Guarantors and the Bank and this document can be amended only by writings signed by all parties hereto. 10.11
ORAL AGREEMENT. [15] The second issue advanced by Ramsbury is whether Redhead J [Ag.] properly weighed the facts in evidence before the court. Redhead J [Ag.] found that a lot of the negotiations leading up to the signing of the lease were conducted by email correspondence between the parties and that it was correct to examine some of the email correspondence between them in order to determine the oral terms not contained in the written agreement. [16] Xx. Xxxxxxxx-Xxxxxxxx argues that in considering some of the evidence, the learned judge obviously missed crucial parts of the unexamined evidence that would have led him to a different conclusion had they been examined and taken into account. Xx. Xxxxxxxx-Xxxxxxxx contends that there was no correspondence in the email evidence giving rise to an oral agreement which led the judge to conclude that Ramsbury had intended to supply Ocean View with tents for eating, or with washing machines, or that Ramsbury repudiated the lease when it failed to supply these to Ocean View. Xx. Xxxxxxxx-Xxxxxxxx states that this is borne out by the evidence of Xx. Xxxxxxxx in cross-examination when he failed to identify an email in which he requested any of these things from Ramsbury, contrary to his witness statement. Xx. Xxxxxxxx-Xxxxxxxx argues that Redhead J [Ag.] embarked upon an unorthodox approach when he held at paragraph 21 of his judgment that: “I am of the view that this is such a contract, partly oral and partly written” prior to his examination of all the email evidence and prior to considering Ramsbury’s evidence. [17] Redhead J [Ag.] referred to Ocean View’s allegation that there were many oral agreements which were not reflected in the written lease. Redhead J [Ag.] concluded that a lot of negotiations leading to the signing of the lease were conducted by email correspondence. The learned judge proceeded to examine some of the emails to determine the terms of the oral agreement. Having examined the email evidence referred to by the learned judge, I conclude that they do not establish a basis for concluding that there was an oral agreement. That, however, is not decisive of the matter. As Xxxxxxx XX stated in Fage UK Ltd and another v Chobani UK and another:3 “[i]n making his decisions, the trial judge will have regard to the whole sea of evidence presented to him, whereas an appellate court will only be island-hopping”. [18] In paragraph 19 of his judgment, Redhead J [Ag.] stated that the resolution of the issues in the case requ...
ORAL AGREEMENT. This occupancy, agreement contains the entire agreement between Operator and Occupant, and no agreements shall be of any effect whatsoever. Occupant acknowledges that representation or warranties have been made with respect to the safety, security or suitability of the storage space for the storage of Occupant’s property, and that Occupant has made his own detfirmination of such matters solely from inspection of the storage space and the facility. Occupant agrees that he is not relying aid will not rely, upon any oral representation made by Operator or by Operator’s agents or employees.
ORAL AGREEMENT. The terms of a written agreement may be varied by oral agreement of the parties notwithstanding that such written agreement requires variations to be made only in writing.
ORAL AGREEMENT. An employee of Wes-Xxx xxxsently lives in the mobile home located on the Real Property pursuant to an oral month-to-month lease that is terminable at any time without liability or cost. PATTXXXXX XXXRGY, INC. AND PATTXXXXX XXXLLING COMPANY NON-COMPETITION AGREEMENT THIS NON-COMPETITION AGREEMENT is made and entered into this _____ day of June, 1997 (this "Agreement"), between and among PATTXXXXX XXXRGY, INC., a Delaware corporation ("PEC"), PATTXXXXX XXXLLING COMPANY, a Delaware corporation ("PDC") wholly owned by PEC, and WES-XXX XXXLLING COMPANY, a Texas corporation ("Wes-Xxx").
ORAL AGREEMENT. 1 No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.
ORAL AGREEMENT. That no oral agreement amendments, alteration and /or modification will be deemed permissible in relation to this agreement.
