Entire Agreement and Controlling Documents. This Agreement, including the attached Terms and Conditions, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their heirs, successors and assigns. Only a written instrument that refers to this Agreement and the applicable Terms and Conditions, duly signed by the authorized representatives of both parties, shall amend this Agreement or such Terms and Conditions. This Agreement shall apply to all Services to which Homeowner subscribes.
Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Quotes, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the Parties relating thereto and is binding upon the Parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Quote and that are duly signed by the authorized representatives of both Parties may amend this Agreement or such Quote. No terms and conditions of any Customer purchase order shall modify the terms and conditions of this Agreement, or add any additional or inconsistent terms for any reason or purpose whatsoever, regardless of any statement in a purchase order to the contrary. Any conflict between the terms and conditions set forth in this Agreement and any Quote shall be resolved in favor of the Quote.
Entire Agreement and Controlling Documents. This Agreement, including all Exhibits hereto and all Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and that are duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. Any inconsistent or conflicting terms and conditions contained in any purchase order issued by Customer shall be of no force or effect, even if the order is accepted by Persivia. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Entire Agreement and Controlling Documents. This Agreement, including any Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. The terms and conditions contained in any purchase order issued by Licensee shall be of no force or effect, even if the order is accepted by Turbonomic. In the event of a conflict in terms among the Agreement and an Order Schedule, the Agreement shall control unless the Order Schedule expressly states the provision that it intends to amend. This Agreement shall apply to all Software and Services ordered by Licensee or delivered to Licensee by Turbonomic.
Entire Agreement and Controlling Documents. This Agreement (including any existing and current Enrollment Forms) contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications relating thereto (whether written or oral) between the parties and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement and is duly signed by authorized representatives of both parties may amend this Agreement. Any conflicting terms contained in any purchase Enrollment Form issued by you shall be of no force or effect, even if the order is accepted by GPN. In the event of a conflict in terms among the Agreement and the Enrollment Form, the Agreement shall control.
Entire Agreement and Controlling Documents. This Agreement, including any SOWs and Order Schedules, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable SOW/Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such SOW or Order Schedule. Boilerplate terms and conditions contained in any purchase order issued by Customer shall be of no force or effect, even if the order is accepted by Rapid7. This Agreement shall apply to all Services ordered by Customer or delivered to Customer by Rapid7. Any conflict between the terms and conditions set forth in this Agreement and any SOW or Order Schedule shall be resolved in favor of this Agreement unless such SOW or Order Schedule expressly references the conflicting provision that it is intended to control and states that it is to control.
Entire Agreement and Controlling Documents. This Agreement entered into by the parties hereunder contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. The terms and conditions contained in any purchase order or other ordering document issued by Customer shall be of no force or effect, even if the order is accepted by CIMCON. Both parties acknowledge and agree that the agreement hereunder is not contingent upon the delivery of any future functionality or features not specified herein or dependent upon any oral or written, public or private comments made by CIMCON with respect to future functionality or features for the Software Service.
Entire Agreement and Controlling Documents. This Agreement, including any Proposals, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Proposal and is duly signed by the authorized representatives of both parties may amend this Agreement or such Proposal. Boilerplate terms and conditions contained in any purchase order issued by Customer shall be of no force or effect, even if the order is accepted by Medford Wellington. Any conflict between the terms and conditions set forth in this Agreement and any Proposal shall be resolved in favor of this Agreement unless such SOW Proposal expressly references the conflicting provision that it is intended to control and states that it is to control.
Entire Agreement and Controlling Documents. This Agreement, including any Order Schedules, represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Only a written instrument that refers to this Agreement or the applicable Order Schedule and is duly signed by the authorized representatives of both parties may amend this Agreement or such Order Schedule. The terms and conditions contained in any purchase order issued by Licensee shall be of no force or effect, even if the purchase order is accepted by Tamr. In the event of a conflict in terms between the Agreement and an Order Schedule, the Agreement shall control unless the Order Schedule expressly states the provision that it intends to amend.
Entire Agreement and Controlling Documents. This Agreement, and all Sales Orders, contains the entire agreement between the Parties regarding the subject hereof, and supersedes all prior or contemporaneous proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) is binding upon the Parties and their permitted successors and assigns. Only a written instrument signed by the Parties may amend this Agreement or a Sales Order. Any inconsistent or conflicting terms in any purchase order issued by Customer are rejected and shall be of no force or effect, even if the order is accepted by Cresta. This Agreement shall be construed and interpreted fairly, under the plain meaning of its terms, and there shall be no presumption or inference against the Party drafting this Agreement in construing or interpreting the provisions hereof.
