Express Terms. This Contract (as defined below in Section 1.2) contemplates that CUSTOMER may from time to time request that GDS perform or provide work or services (“Services”) or provide equipment, goods or materials (“Products”) on a non-exclusive basis under the terms written hereunder which shall determine the rights of the Parties regardless of contrary terms in any rate schedules or other documents which may relate, directly or indirectly, to GDS’s performance under this Contract as hereinafter defined.
Express Terms. The provisions of Section 2.6(a) and (b) shall not be construed to apply to any payment made by Borrower pursuant to and in accordance with the express terms of this Credit Agreement.
Express Terms. This Agreement shall be construed in accordance with its express terms and not its implied terms. Captions, paragraph and section headings appearing in this Agreement shall be used only for convenience in identifying the material terms and provisions of the Agreement and shall not be construed to express any other intent. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender as the context require.
Express Terms. INCORPORATION OF EXPRESS TERMS INTO THE CONTRACT Signature • Red flag – signed agreement that has not been read • Signing a document containing contractual terms = incorporation of those terms - L’Estrange v F Graucob; Toll v Alphapharm • Applies even if you haven’t read the document - Fitness First v Chong • EXCEPTIONS:
Express Terms. The express terms herein control and supersede any course of performance, Prudent Industry Practice or usage of the trade inconsistent with any of the terms herein.
Express Terms. This Liquidation Plan shall be construed in accordance with its express and not its implied terms. Captions, paragraph and section headings appearing in this Liquidation Plan shall be used only for convenience in identifying the material terms and provisions of the Liquidation Plan and shall not be construed to express any other intent. 10.17
Express Terms. Are terms (or promises) that have been specifically mentioned and agreed by both parties at the time the contract is made!! ▪ These terms are legally binding – that is – these terms are legally enforceable! ▪ If an express term is breached, you can then sue for breach of the contractual term. -How to know if there are express term - Representations of the parties: Does it include promises? - Form of representation: Written, oral, in billboard, contracts? Did they sign anything *A contract should look like a contract with a signature, title “Terms and Conditions”, and promise sentence "I have read and accepted these terms and conditions”. -General rule for establishing express terms of a contract:
Express Terms
