AGREEMENT AND MODIFICATION. 14.1 Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed and signed by the Parties.
AGREEMENT AND MODIFICATION. Order of Precedence Should there be any inconsistency between the Protocol and the terms of this Agreement or any other document incorporated herein, the terms of the Protocol shall prevail to the extent of any inconsistency except insofar as the inconsistency relates to Clauses 5, 6, 7, 8, 10, 11 and 16 of this Agreement, whereby the terms of this Agreement shall prevail. Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed and signed by the Parties. Any amendment to the Protocol (‘Protocol Amendment’) shall be managed by means of the change control procedure set out in this Clause. For the purposes of this Agreement, a ‘change request’ is a request to change the obligations of the Parties arising from a Protocol Amendment. Where the Sponsor originates a change request, the Participating Organisation shall provide the Sponsor, within fourteen (14) days of receiving the change request, details of the impact that the proposed Protocol Amendment will have upon the costs of carrying out the Non-Interventional Study and the other terms of this Agreement. A change request shall become a ‘change order’ when the requirements of the change control procedure have been satisfied and any necessary change to this Agreement is signed by the authorised representatives of the Parties. An amended financial appendix shall be signed and appended to this Agreement according to Clause 12.2 above. This Agreement contains the entire understanding between the Parties and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral, of prior date between the Parties relating to the Non-Interventional Study that is the subject of this Agreement.
AGREEMENT AND MODIFICATION. Any amendments to this Agreement shall be valid only if made in writing and signed by authorised signatories of the Parties. This Agreement including its Schedules contains the entire understanding between the Parties and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral of prior date between the Parties relating to the Study.
AGREEMENT AND MODIFICATION. 10.1 Any change in terms of this Agreement shall be valid only if the change is made in writing. The Agreement contains the whole agreement between the parties in respect of its subject matter and supersedes any prior written or oral agreement between them, and the parties confirm that they have not entered into the Agreement on the basis of any representations that are not expressly incorporated in the Agreement. Nothing in the Agreement will operate to limit or exclude any liability for fraud.
AGREEMENT AND MODIFICATION. Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed to and signed by the Parties. This Agreement contains the entire understanding between and among the Parties in respect of the Clinical Trial, and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral, of prior date between or among the Parties relating to the Clinical Trial. Nothing in this Agreement shall, however, operate to limit or exclude any liability for fraud. Dispute Resolution The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between officials or representatives who have authority to settle the controversy and who are at a higher level of management or responsibility than the persons with direct responsibility for administration of this Agreement. Any Party may give the other Parties written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving Party shall submit to the other Parties a written response. The notice and the response shall include: a statement of that Party’s position and a summary of arguments supporting that position; and the name of the title of the official or representative who will represent that Party and any other person that will accompany the official representative. Within 30 days after delivery of the disputing Party’s notice, the Parties shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other Party or Parties shall be honoured. All negotiations pursuant to this Section 17 are confidential and shall be treated as compromise and settlement negotiations and; therefore, deemed to be off the record and without prejudice. FORCE MAJEURE No Party shall be liable to any other Party or shall be in default of its obligations hereunder if such default is the result of war, hostilities, terrorist activity, revolution, civil commotion, strike, epidemic, fire, and flood or because of any act of God or other cause beyond the reasonable control of the Party affected. The Party affected by such circumstances shall promptly notify the other Parties in writing when such circumstances cause a delay or failure in performance and shall take whatever reasonable steps are necessary t...
AGREEMENT AND MODIFICATION. Order of Precedence Should there be any inconsistency between the Protocol and the terms of this Agreement, or any other document incorporated herein, the terms of the Protocol shall prevail to the extent of any inconsistency except insofar as the inconsistency relates to Clauses 5, 6, 7, 8, 10, 11 and 16 of this Agreement, whereby the terms of this Agreement shall prevail. Any change in the terms of this Agreement shall be valid only if the variation is made in writing, agreed and signed by the Parties.
AGREEMENT AND MODIFICATION. This MLA is made pursuant to the state of Nevada’s NASPO ValuePoint Master Agreement identified above, and the Participating Addendum to that Master Agreement between the State of Idaho and Lessor, the terms of which are incorporated herein by reference. Any amendments to the NASPO ValuePoint Master Agreement or Idaho’s PADD shall apply to this MLA. Unless otherwise expressly authorized by the terms of this MLA, no modification or amendment to this MLA shall be binding upon the parties unless the same is in writing and signed by the parties.
AGREEMENT AND MODIFICATION. Order of Precedence Should there be any inconsistency between the Clinical Investigation Plan and the terms of this Agreement, or any other document incorporated herein, the terms of the Clinical Investigation Plan shall prevail to the extent of any inconsistency except insofar as the inconsistency relates to Clauses 5, 6, 7, 8, 10, 11 and 16 of this Agreement, whereby the terms of this Agreement shall prevail. Any change in the terms of this Agreement shall be valid only if the variation is made in writing, agreed and signed by the Parties.
AGREEMENT AND MODIFICATION. Order of Precedence Should there be any inconsistency between the Protocol and the terms of this Agreement, or any other document incorporated herein, the terms of the Protocol shall prevail to the extent of any inconsistency except insofar as the inconsistency relates to Clauses 5, 6, 7, 8, 10, 11 and 16 of this Agreement. Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed and signed by the Parties. Any amendment to the Protocol (“Protocol Amendment”) shall be managed by means of the change control procedure set out in this Clause. For the purposes of this Agreement, a “change request” is a request to change the obligations of the Parties arising from a Protocol Amendment. Where the Sponsor originates a change request, the Participating Organisation shall provide the Sponsor, within thirty-five (35) days of receiving the change request, details of the impact that the proposed Protocol Amendment will have upon the costs of carrying out the Clinical Trial and the other terms of this Agreement. A change request shall become a “change order” when the requirements of the change control procedure have been satisfied and any necessary change to this Agreement is signed by the authorised representatives of the Parties. An amended financial appendix shall be signed and appended to this Agreement according to Clause 12.2 above. This Agreement contains the entire understanding between the Parties and supersedes all other agreements, negotiations, representations and undertakings, whether written or oral, of prior date between the Parties relating to the Clinical Trial that is the subject of this Agreement.
AGREEMENT AND MODIFICATION. This Agreement is made pursuant to the NASPO ValuePoint Master Agreement identified above, and the State of Colorado Participating Addendum to that Master Agreement, the terms of which are incorporated herein by reference. In the event of conflict between the Master Agreement or the State of Colorado Participating Addendum and this Agreement, the Master Agreement and/or Participating Addendum shall govern and control. Unless otherwise expressly authorized by the terms of this Agreement, no modification or amendment to this Agreement shall be binding upon the parties, unless the same is in writing and signed by the respective parties hereto.
