Entire Agreement; Conflict. This Loan Agreement and the other Loan Instruments executed prior or pursuant hereto constitute the entire agreement among the parties hereto with respect to the transactions contemplated hereby or thereby and supersede any prior agreements, whether written or oral, relating to the subject matter hereof. In the event of a conflict between the terms and conditions set forth herein and the terms and conditions set forth in any other Loan Instrument, the terms and conditions set forth herein shall govern.
Entire Agreement; Conflict. This DPA incorporates the Standard Contractual Clauses by reference. Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this DPA, the terms of this DPA will control, except that the Service Terms will control over this DPA. Nothing in this document varies or modifies the Standard Contractual Clauses.
Entire Agreement; Conflict. Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between the Agreement and this DPA, the terms of this DPA will control.
Entire Agreement; Conflict. Except as amended by this DPS, the Master Agreement will remain in full force and effect. If there is a conflict between the Master Agreement and this DPS, the terms of this DPS will control.
Entire Agreement; Conflict. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and expressly supersedes all oral or written agreements between the parties; except, this Agreement is not intended to modify, abrogate or supersede any of the parties’ obligations as reflected in benefit or compensation plans, policies or programs in which Executive participates as set forth in Article 3.3 herein. Any modification of this Agreement shall be effective only if it is in writing and signed by the party to be charged. In the event of any conflict between the terms of this Agreement and the terms of any policy, plan or program of Company not heretofore specified, the terms of this Agreement shall govern.
Entire Agreement; Conflict. The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
Entire Agreement; Conflict. 20.1 This Agreement, the other Operative Documents, the Co-Lender Agreement (if applicable) and the Servicing Agreement constitute the entire agreement of the Parties with respect to the Transaction and supersede all previous and contemporaneous negotiations, promises, covenants, agreements, understandings, representations and warranties in respect thereof, all of which have become merged and finally integrated into this Agreement, the other Operative Documents, the Co-Lender Agreement (if applicable) and the Servicing Agreement, as applicable, subject to Section 20.3 below.
20.2 If there is any inconsistency between the Transaction Specific Terms and the Standard Terms, the Transaction Specific Terms shall govern and control.
20.3 The Parties agree and acknowledge that, except for Section 2.1(d) of this Agreement, nothing contained in this Agreement (including, without limitation, the provisions of Sections 4.2, 5.1(e), 5.1(f), 5.1(g), 5.1(i), 5.3, 6.2, 9.2, 12.1, 12.2, 12.3, 12.4, 19, 20.1 and 22) shall impair the rights of MS Facilities LLC, the Federal Reserve Bank of Boston, the Board of Governors of the Federal Reserve System, the United States Department of the Treasury or the United States Department of Justice to rely on, enforce or take any action under law, in equity or otherwise with respect to the Lender Registration Certifications and Covenants or the Lender Transaction Specific Certifications and Covenants (including, without limitation, the representations, warranties, covenants and undertakings set forth therein).
Entire Agreement; Conflict. This Agreement and other Transaction Documents constitute the entire agreement of the Parties hereto with respect to the subject matter hereof and thereof and supersede all prior agreements and covenants, both written and oral, between the Company and the Subscriber with respect to the subject matter hereof and thereof. In case of any conflict between the provisions of this Agreement and those of any other Transaction Documents, the provisions of this Agreement shall prevail.
Entire Agreement; Conflict. This Agreement (including the Incentive Plan and the LLC Agreement to which it relates) constitutes the final, complete and exclusive agreement between the Grantee and the Company with respect to the subject matter hereof and replaces and supersedes any and all other agreements, offers or promises, whether oral or written, between the parties concerning the subject matter hereof. Except as expressly provided otherwise herein, in the event of any conflict or inconsistency between the provisions of, or definitions contained in, this Agreement (including the LLC Agreement to which it relates), on the one hand, and Grantee’s Service Agreement, on the other hand, the terms of the this Agreement ((including the LLC Agreement to which it relates) shall govern.
Entire Agreement; Conflict. This Agreement supersedes all prior agreements between the parties with respect to its subject matter and is intended as a complete and exclusive statement of the substantive terms contained in this Agreement. If there is any conflict between the terms of this Agreement and any similar provisions in any other agreement between Employee and the Company, the terms of this Agreement will govern.
