Common use of Entirety of Contract. Modification and Non-Waiver Clause in Contracts

Entirety of Contract. Modification and Non-Waiver. This Contract constitutes the entire agreement for the sale and purchase of Product between Buyer and Seller. No statement or agreement, oral or written, made prior to or at the signing of this Contract, shall vary or modify the written terms hereof, and neither party shall claim any amendment to, modification of, or release from any provision by mutual agreement unless such agreement is in writing, signed by the authorized representatives of the parties to this Contract or by an exchange of facsimiles concerning the mutual agreement between the parties of the particular modification or amendment thereof specifically and conspicuously stating that it is a modification or amendment of this Contract. No provisions, terms or conditions contained in any document including; by way of illustration but not by way of limitation, invoices or purchase orders, shall affect this Contract or be binding upon the parties unless the provisions, terms or conditions have been previously agreed to in writing by the authorized representatives of the parties hereto. Buyer’s only authorized representatives who may make a mutual written modification or amendment of this Contract include Buyer’s Officers or Attorneys-in-Fact. Seller’s only representatives who may make a mutual written modification or amendment to this Contract include Seller’s Officers or Attorneys-in-Fact.