Common use of Contract Documents and Interpretation Clause in Contracts

Contract Documents and Interpretation. 18.1 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. 18.2 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. 18.3 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. 18.1 19.1 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. 18.2 19.2 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. 18.3 19.3 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