Contract Documents and Interpretation. 19.1 Except as expressly stated in this Agreement, all warran- ties, terms and conditions, whether express or implied by stat- ute, common law or otherwise, are excluded to the extent per- mitted by law. 19.2 This Agreement constitutes the entire agreement and un- derstanding between the Parties and supersedes all prior agree- ments and understandings between the Parties with respect to the Solutions and Services. Each Party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement in respect of which its sole remedy shall be for breach of contract. 19.3 Nothing in this Clause 19 shall operate or be construed to exclude or limit any liability of any person for fraud, including fraudulent misrepresentation. 19.4 A person who is not a Party to this Agreement has no right under, including under the Contracts (Rights of Third Parties) Act 1999 in England, to enforce or to enjoy the benefit of any term of this Agreement. 19.5 An effective waiver under the Agreement must be in writ- ing signed by the Party waiving its right. Hence, the failure of a Party to exercise any right or remedy to which it is entitled will not constitute a waiver of such right or otherwise cause a dimi- nution of the obligations created by the Agreement, unless ex- plicitly agreed to in writing. Furthermore, a waiver by either Party of any instance of the other Party's noncompliance with any obligation or responsibility under the Agreement will not be deemed a waiver of subsequent instances.
Appears in 1 contract
Sources: General Terms and Conditions
Contract Documents and Interpretation. 19.1 Except as expressly stated in this Agreement, all warran- ties, terms and conditions, whether express or implied by stat- ute, common law or otherwise, are excluded to the extent per- mitted by law.
19.2 This Agreement constitutes the entire en- tire agreement and un- derstanding between understanding be- tween the Parties and supersedes all prior agree- ments agreements and understandings between be- tween the Parties with respect to the Solutions So- lutions and Services. Each Party acknowledges acknowl- edges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warrantywar- ranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Agreement Agree- ment in respect of which its sole remedy shall be for breach of contract.
19.3 Nothing in this Clause 19 shall operate or be construed to exclude or limit any liability of any person for fraud, including fraudulent misrepresentation.
19.4 19.2 A person who is not a Party to this Agreement has no right under, including under the Contracts (Rights of Third PartiesPar- ties) Act 1999 in England, to enforce or to enjoy the benefit of any term of this Agreement.
19.5 19.3 An effective waiver under the Agreement must be in writ- ing writing signed by the Party waiving its right. Hence, the failure of a Party to exercise any right or remedy to which it is entitled will not constitute con- stitute a waiver of such right or otherwise cause a dimi- nution diminution of the obligations created cre- ated by the Agreement, unless ex- plicitly explicitly agreed to in writing. Furthermore, a waiver by either Party of any instance of the other Party's noncompliance with any obligation or responsibility under the Agreement will not be deemed a waiver of subsequent instances.
Appears in 1 contract
Sources: General Terms and Conditions