Entire Agreement, Order of Precedence & Waiver Sample Clauses

Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form (3) this XXXX. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.
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Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the Parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form including documents referenced therein (3) this XXXX including documents referenced herein. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy.
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Entire Agreement, Order of Precedence & Waiver. The Agreement shall be the entire agreement regarding its subject matter, and shall supersede all other representations, understandings or agreements, whether oral or written, between the Parties relative to such subject matter. No modification, amendment or variation of the Agreement shall be of effect or binding upon IFS unless agreed to in writing by IFS. In the event of a conflict or inconsistency between the terms comprising the Agreement the order of precedence shall be: (1) the Product Terms (2) the Notification Form including documents referenced therein (3) this XXXX including documents referenced herein. No failure or delay by IFS or Customer in exercising any right hereunder will constitute a waiver of that right. Any waiver must be made in writing and the single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. 11. DEFINITIONS The definitions used in the Agreement have the meaning given to them below, unless the context requires otherwise: 11.1. “Access and Use” or “access and use” of the Software (or any similar phrasing) means any access to and/or use of any portion of the Software, including but not limited to any database information or any other contents thereof) and whether via any IFS interface, External Integration or otherwise. 11.2. “Application Software”, “IFS Application Software” or “IFS AS” means IFS’s standard, unmodified proprietary application software products, modules, applications, “apps” and programs (but, for the avoidance of doubt, excluding any third- party software included therein or associated therewith) which Customer has licensed and/or been granted the right to access and use under the Agreement . It is limited to machine readable code (generally referred to as executable or object code) and the user instructions included in the Software Documentation. It does not include vocabularies and other items generally referred to as source code, nor any descriptions not included olarak yorumlanacak ve ilgili terimden önce gelen sözcüklerin anlamını sınırlandırmayacaktır. Taraflar, bağımsız yüklenicilerdir. İşbu Sözleşme, Taraflar arasında bir ortaklık, franchise (xxxxxxx), ortak girişim, acentelik, itimada dayanan veya istihdam ilişkisi yaratmaz. Taraflardan hiçbiri, herhangi bir amaçla diğer tarafın temsilcisi değildir ve diğer tarafın bir temsilcisi veya çalışanı olarak hareket etme veya diğer tarafı temsil, adına hareket veya il...
Sample 1

Related to Entire Agreement, Order of Precedence & Waiver

  • Entire Agreement; Amendment; Severability This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto) constitutes the entire agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. Neither this Agreement nor any term hereof may be amended except pursuant to a written instrument executed by the Company and the Agent. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

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