COMPLETE AGREEMENT/ADDITIONAL TERMS Sample Clauses

COMPLETE AGREEMENT/ADDITIONAL TERMS. This Agreement incorporating all the items referenced herein, represents the complete agreement of the parties, and supersedes all other agreements whether written or oral. This Agreement may be modified only by written agreement executed by authorized parties, changes to the URL sites referenced, changes to tariffs or as otherwise specifically provided herein. Neither Electronic Mail nor Instant Messaging ("IM") shall be considered a "writing" sufficient to change, modify, extend or otherwise affect the terms of the Agreement This Agreement shall be governed by the substantive law of the Commonwealth of Virginia without reference to its principles of conflicts of laws, and Customer consents to the jurisdiction and venue of the Federal District Court for the Eastern District of Virginia or the State courts in Fairfax County, Virginia. THE ADDITIONAL TERMS, AUP AND TARIFFS MAY BE MODIFIED FROM TIME TO TIME AT XO DISCRETION OR AS REQUIRED BY APPLICABLE LAW. YOU AGREE TO REVIEW SUCH CHANGED ITEMS FROM TIME TO TIME AND BE BOUND BY SUCH CHANGES, AS THEY PERTAIN TO THE PARTICULAR SERVICES YOU CHOOSE NOW OR MAY CHOOSE IN THE FUTURE. UNLESS SUBJECT TO TARIFFS OR STANDARD PRICING POSTED AT (XXX.XXXXXXX.XXX), SO MAY NOT UNILATERALLY CHANGE THE RATES, FEES OR CHARGES SET FORTH HEREIN WITHOUT CUSTOMER CONSENT. IF XO DETERMINES CHANGES TO THE ADDITIONAL TERMS, AUP AND TARIFFS WILL MATERIALLY AND DETRIMENTALLY AFFECT YOUR SERVICE OR RIGHTS AND ARE NOT MANDATED BY LAW OR REGULATION, XO WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE NOTICE OF SUCH CHANGES AND AN OPPORTUNITY TO OBJECT IN WRITING IN THE MANNER PRESCRIBED HEREIN OR IN SUCH NOTICE. CUSTOMER SHALL PROVIDE XO WRITTEN NOTICE OF OBJECTION WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF NOTIFICATION OF SUCH MATERIAL CHANGE CUSTOMER MUST INCLUDE A DETAILED DESCRIPTION OUTLINING HOW THE CHANGE ADVERSELY AFFECTS CUSTOMER'S SERVICE(S). XO WILL REVIEW SUCH NOTIFICATION AND IF THE PARTIES CANNOT COME TO AN AGREEMENT WITHIN THIRTY (30) DAYS, CUSTOMER MAY TERMINATE SUCH SERVICE(S) WITHOUT INCURRING CHARGES FOR EARLY TERMINATION PROVIDED THAT CUSTOMER'S ACCOUNT IS CURRENT (I.E., NO BALANCE OLDER THAN THIRTY (30) DAYS). IN ANY CASE, THE CHANGES SHALL NOT DIMINISH ANY APPLICABLE SERVICE LEVEL AGREEMENTS ENTERED INTO AT THE SERVICE COMMENCEMENT DATE. YOU HEREBY CONSENT TO THE INCORPORATION OF APPLICABLE TARIFFS AND THE ADDITIONAL TERMS INCLUDING THE DISPUTE RESOLUTION PROVISIONS, POSTED AT (XXX.XXXXXXX.XXX) AND THE AUP. YOU ...
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COMPLETE AGREEMENT/ADDITIONAL TERMS. The terms, conditions, and provisions of this Agreement together with the descriptions, specifications, drawing, schedules, exhibits and attachments or riders annexed hereto and by this reference made a part of this Agreement (collectively “Attachments”) constitute the entire Agreement between the partiers hereto and shall supersede all previous communications, representations, or agreements, either verbal or written between the parties with respect to the subject matter of this Agreement. There are no terms, agreements or understandings between the parties that are not expressly set forth herein. Buyer’s offer to purchase is conditioned upon Seller’s acceptance of all the terms and conditions set forth in this Agreement without alternation of any kind whatsoever.
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COMPLETE AGREEMENT/ADDITIONAL TERMS. These Terms, incorporating all of the applicable documents referenced herein, represents the entire agreement between the Parties, and supersedes all other prior agreements between the Parties, whether written or oral. No statement, representation or warranty made by any agent or representative of Company regarding the Services or Equipment to be provided hereunder or the rates therefor shall be binding upon Company unless expressly included herein. In the event of any conflict between these Terms and the terms and conditions of the Service Agreement or any other terms, conditions, supplements or agreements, the order of precedence is as follows: (1) these Terms, (2) the Service Agreement, and (3) the SLA. If any part of a provision of these Terms is invalid or unenforceable said part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of said provisions of these Terms. In addition, any provisions that by their nature would survive, shall survive termination, cancellation or expiration of these Terms. No failure by either party to enforce any right(s) hereunder shall constitute a waiver of such right(s). Customer may not sell, transfer, or assign its obligations hereunder without the prior written consent of Company. Any such assignment or transfer without the Company’s prior written consent shall be void.
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Related to COMPLETE AGREEMENT/ADDITIONAL TERMS

  • Complete Agreement This Agreement, those documents expressly referred to herein and other documents of even date herewith embody the complete agreement and understanding among the parties and supersede and preempt any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way.

  • Complete Agreement; Modification of Agreement This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter hereof, supersedes all prior agreements and understandings relating to the subject matter hereof, and may not be modified, altered or amended except as set forth in Section 8.6.

  • Complete Agreement; Modifications This Agreement and any documents referred to herein or executed contemporaneously herewith constitute the parties’ entire agreement with respect to the subject matter hereof and supersede all agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof. This Agreement may be amended, altered or modified only by a writing signed by the Company and the Holders of a majority of the Registrable Securities then outstanding.

  • Complete Agreement; Modification This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any previous oral or written communications, negotiations, representations, understandings, or agreements between them. Any modification of this Agreement shall be effective only if set forth in a written document signed by you and a duly authorized officer of the Company.

  • Complete Agreement; Amendment This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements in regard thereto. This Agreement cannot be modified except by an agreement in writing signed by both parties and specifically referring to this Agreement.

  • Complete Agreement; Amendments This Amendment and the Loan Documents represent the entire agreement about this subject matter and supersede prior negotiations or agreements with respect to such subject matter. All prior agreements, understandings, representations, warranties, and negotiations between the parties about the subject matter of this Amendment and the Loan Documents merge into this Amendment and the Loan Documents.

  • Supplemental Lease Agreement No 2, dated January 4, 2004, by and between Hub Acquisition Trust (“Owner/Lessor”) and the United States of America (“Government/Lessee”).

  • COMPLETE AGREEMENT AND WAIVER OF BARGAINING 22.1 This Agreement shall represent the complete Agreement between the Union and the County.

  • Complete Agreement; Construction This Agreement, including the Schedules hereto, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Schedule, the Schedule shall prevail. The rights and remedies of the Parties herein provided shall be cumulative and in addition to any other or further remedies provided by law or equity.

  • Assignment Amendments Waiver and Contract Complete 032620-FDX

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