Terms and Conditions Applicable to the Entire Agreement Sample Clauses

Terms and Conditions Applicable to the Entire Agreement. SECTION TITLE PAGE ------- ----- ---- 34. OCCUPATIONAL SAFETY & HEALTH ACT (OSHA) 24 35. NON-DISCRIMINATION COMPLIANCE 24 36. SUCCESSORS & ASSIGNS 24 37. BAM'S PROPERTY 24 38. LAWS, RULES & REGULATIONS 24 39. ATTORNEYS FEES & COSTS 25 40. COUNTERPARTS 25
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Terms and Conditions Applicable to the Entire Agreement. THIS GENERAL PURCHASE AGREEMENT is between Cellco Partnership, a Delaware Limited Partnership, doing business as Xxxx Atlantic Mobile, (hereinafter called "BAM") having an office and place of business at 000 Xxxxxxxxxx Xxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, on behalf of itself and its Affiliates and Metawave Communications Corporation, a Delaware Corporation, having its principal office and place of business at 00000 Xxxxxxx Xxxx XX, Xxxxxxx, Xxxxxxxxxx 00000 (hereinafter called "Metawave").
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Terms and Conditions Applicable to the Entire Agreement. SECTION TITLE PAGE ------- ----- ---- PREAMBLE 9 1. DEFINITIONS 9 2. TERM OF AGREEMENT 10 3. ORDERS 10 4. TERMINATION OF ORDERS 10 5. PRICING AND DELIVERY 11 6. INVOICES AND PAYMENT 11 7. PRICE PROTECTION 12 8. MOST FAVORED CUSTOMER 13 9. AUDIT 13 10. TERMINATION 13 11. TRAINING 14 12. MANUALS AND DOCUMENTATION 14 13. WARRANTIES 15 14. BENCHMARK TESTING, PRODUCT & SOFTWARE TRIAL 16 15. FORCE MAJEURE 16 16. TAXES 17 17. NOTICE 18 18. INDEPENDENT CONTRACTORS 18 19. INDEMNIFICATION 18 20. INFRINGEMENT 19 21. USE & PROTECTION OF INFORMATION 20 22. METAWAVE'S INFORMATION 21 23. AVAILABILITY 21 24. LICENSES 21 25. ASSIGNMENT 21 26. SUBCONTRACTING 22 27. PUBLICITY AND ADVERTISING 22 28. CHOICE OF LAW 22 29. WAIVER AND ESTOPPEL 22 30. SEVERABILITY 22 31. HEADINGS 23 32. INSURANCE 23 33. RELEASES VOID 24 ARTICLE I - cont.
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Terms and Conditions Applicable to the Entire Agreement. A. Term: This Agreement, eight (8) pages in length, shall be effective upon signing and shall remain in full effect and binding on both parties until terminated by either party. Either party may terminate this Agreement on at least sixty (60) days advance written notice.
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Terms and Conditions Applicable to the Entire Agreement 
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Related to Terms and Conditions Applicable to the Entire Agreement

  • 10Entire Agreement This Agreement (including those specifications and documents incorporated by reference to URL locations which form a part of it) constitutes the entire agreement of the parties hereto pertaining to the operation of the TLD and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties on that subject.

  • ENTIRE AGREEMENT CLAUSE This Agreement supersedes and cancels all previous agreements, verbal or written or based on alleged past practices, and constitutes the entire agreement between the parties. Any amendment or agreement supplemental hereto shall not be binding upon either party unless executed in writing by the parties hereto.

  • ENTIRE AGREEMENT, ETC The Loan Documents and any other documents executed in connection herewith or therewith express the entire understanding of the parties with respect to the transactions contemplated hereby. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated, except as provided in Section 27.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Amendments; Entire Agreement This Agreement may be amended only by written agreement of the parties. This Agreement, together with the Formation and Separation Agreement, supersedes all prior discussions and written and oral agreements and constitutes the sole and entire agreement between the parties with respect to the subject matter hereof.

  • ENTIRE AGREEMENT/MISCELLANEOUS This Agreement embodies the entire agreement and understanding between the parties hereto, and supersedes all prior agreements and understandings, relating to the subject matter hereof. If any provision of this Agreement is determined to be invalid or unenforceable in any respect, such determination will not affect such provision in any other respect or any other provision of this Agreement, which will remain in full force and effect. This Agreement may not be amended or otherwise modified or waived except by an instrument in writing signed by both the Placement Agent and the Company. The representations, warranties, agreements and covenants contained herein shall survive the Closing Date of the Placement and delivery of the Placement Agent Securities. This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or a .pdf format file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or .pdf signature page were an original thereof.

  • Entire Agreement; Applicable Riders Customer represents that the Assets deposited in the Accounts are (Check one): X 1 1 With respect to each Customer listed on Schedule A hereto under the heading “ERISA Trusts.” Employee Benefit Plan or other assets subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”);

  • Entire Agreement; Amendments This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Buyer makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the majority in interest of the Buyer.

  • 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.

  • Entire Agreement; Construction This Agreement, including the Exhibits and Schedules, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, course of dealings and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Schedule hereto, the Schedule shall prevail. In the event of any conflict between this Agreement and the Tax Matters Agreement, the terms and conditions of the Tax Matters Agreement shall govern.