Order of Precedence; Entire Agreement. Except as expressly modified by this Fifth Amendment, all terms and conditions, and provisions of the Existing Agreement shall continue in full force and effect. In the event of conflict between the terms and conditions of the Existing Agreement and the terms and conditions of this Fifth Amendment, the terms and conditions of this Fifth Amendment will control. The Existing Agreement, together with any exhibits, and schedules attached thereto and referenced therein, all as modified by this Fifth Amendment, constitutes the entire and exclusive agreement between the Parties with respect to the subject matter thereof.
Order of Precedence; Entire Agreement. Except as expressly modified by this Sixth Amendment, all terms and conditions, and provisions of the Existing Agreement shall continue in full force and effect. In the event of conflict between the terms and conditions of the Existing Agreement and the terms and conditions of this Sixth Amendment, the terms and conditions of this Sixth Amendment will control. The Existing Agreement, together with any exhibits, and schedules attached thereto and referenced therein, all as modified by this Sixth Amendment, constitutes the entire and exclusive agreement between the Parties with respect to the subject matter thereof.
Order of Precedence; Entire Agreement. To the extent of any conflict among this XXXX, any additional terms in an agreement signed by Licensee and HGST, any HGST “click-accept” agreement, any terms on a purchase order and HGST’s terms and conditions of sale, the order of precedence shall be (a) an agreement signed by Licensee and HGST; (b) this XXXX; (c) a “click-accept” agreement, including any agreement regarding the Features to be included as part of the Software; (d) HGST’s terms and conditions of sale; and (e) HGST’s purchase order acceptance (collectively, (a)-(e), after applying the order of precedence, the “Agreement”). The terms and conditions contained in the Agreement supersede all prior oral or written understandings between the Parties and shall constitute the entire agreement between the Parties with respect to the subject matter of the Agreement. This Agreement shall not be modified or amended except by a writing signed by Licensee and HGST.
Order of Precedence; Entire Agreement. In the event of a conflict between this Agreement and any Order Document or document contemplated by this Agreement, this Agreement shall prevail, unless such document explicitly states that it supersedes this Agreement and is executed by both parties. This Agreement will supersede any terms of Client purchase orders, receipts, or other Order Document, and such terms shall have no effect. This Agreement, including any applicable Order Documents, cancels and supersedes all prior or contemporaneous oral or written communications, agreements, requests for proposals, proposals, conditions, representations, and warranties, or other communication between the parties relating to its subject matter and constitutes the parties’ entire agreement relating to its subject matter. No modification to the Agreement will be binding unless in writing and signed by an authorized representative of each party.
Order of Precedence; Entire Agreement. Except as expressly modified by this Second Amendment, all terms and conditions, and provisions of the Existing Agreement shall continue in full force and effect. In the event of conflict between the terms and conditions of the Existing Agreement and the terms and conditions of this Second Amendment, the terms and conditions of this Second Amendment will control. The Existing Agreement, together with any exhibits, and schedules attached thereto and referenced therein, all as modified by this Second Amendment, constitutes the entire and exclusive agreement between the Parties with respect to the subject matter thereof.
Order of Precedence; Entire Agreement. Except as expressly modified by this Third Amendment, all terms and conditions, and provisions of the Existing Agreement shall continue in full force and effect. In the event of conflict between the terms and conditions of the Existing Agreement and the terms and conditions of this Third Amendment, the terms and conditions of this Third Amendment will control. The Existing Agreement, together with any exhibits, and schedules attached thereto and referenced therein, all as modified by this Third Amendment, constitutes the entire and exclusive agreement between the Parties with respect to the subject matter thereof.
Order of Precedence; Entire Agreement. This SMA is part of the NASPO ValuePoint Master Agreement including all schedules, attachments, exhibits and amendments hereto and the Services Contract(s) hereunder, and constitutes the entire agreement between the parties as to the subject matter and supersedes all prior and contemporaneous oral and written agreements regarding the subject matter hereof and neither party has relied on or is relying on any other information, representation, discussion or understanding in entering into and completing the transactions contemplated in this Agreement. The parties agree that except as expressly set forth in this Agreement, in the event of any conflict between terms and conditions, the order of precedence shall be as outlined in the NASPO ValuePoint Master Agreement. Notwithstanding the foregoing, provisions in the General Module of this Agreement related to: (1) Section 2.6 (Intellectual Property); (2) Section 2.8 (Limitation of Liability); and (3) Section 2.10 (Confidentiality) will prevail over conflicting provisions in any other section of this Agreement.
Order of Precedence; Entire Agreement. This Agreement constitutes the sole and entire agreement between you and Climate pertaining to your use of the Plugin and supersedes all other prior or contemporaneous agreements (written or oral) previously existing between you and Climate regarding your use of the Plugin.
Order of Precedence; Entire Agreement. ● The terms of an order for a Climate Product will control over conflicting terms in this Agreement, but only with respect to the Climate Products in such order. You and Climate may also enter into a separate signed contract governing your use of a Climate Product. In that case, the order of precedence, with respect to that Climate Product only, will be: (1) the signed contract, (2) the applicable order and (3) this Agreement. ● This Agreement, together with the Privacy Policy, all of your orders for any Climate Products, any separately signed contract governing your use of a Climate Product, and all other related documents and schedules, constitutes the entire agreement between you and Climate pertaining to your use of the Climate Products and supersedes all other agreements previously existing between you and Climate regarding your use of the Climate Products.
Order of Precedence; Entire Agreement. The DIR Contract No. DIR-4289, this Agreement, including all schedules, attachments, exhibits and amendments hereto, and the Services Contract(s) hereunder, constitutes the entire agreement between the parties as to the subject matter and supersedes all prior and contemporaneous oral and written agreements regarding the subject matter hereof and neither party has relied on or is relying on any other information, representation, discussion or understanding in entering into and completing the transactions contemplated in this Agreement. The parties agree that except as expressly set forth in this Agreement, in the event of any conflict between terms and conditions, the order of precedence shall be the DIR Contract No. DIR-4289, this Agreement, the applicable Orders under the Services Contract (excluding Customer POs), and the SOW or DOS, as applicable. If a term in this Agreement expressly provides for a term in an Order to take precedence over a provision in the Agreement, such provision in the Order shall prevail to the extent of any conflict. SERVICES MODULE
