Common use of Miscellaneous Clause in Contracts

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the waiver, discharge or termination is sought.

Appears in 658 contracts

Sources: Mortgage Loan Purchase Agreement (BMO 2025-5c13 Mortgage Trust), Mortgage Loan Purchase Agreement (BMO 2025-5c13 Mortgage Trust), Mortgage Loan Purchase Agreement (BMO 2025-5c13 Mortgage Trust)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.

Appears in 322 contracts

Sources: Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2023-B40 Mortgage Trust)

Miscellaneous. This Agreement supersedes all prior or contemporaneous agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the such change, waiver, discharge or termination is sought.

Appears in 210 contracts

Sources: Underwriting Agreement (Bank 2025-Bnk51), Underwriting Agreement (Bank5 2025-5yr19), Underwriting Agreement (BBCMS Mortgage Trust 2025-C39)

Miscellaneous. This Agreement supersedes all prior or contemporaneous agreements and understandings relating to the its subject matter hereofmatter. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in a writing signed by the party against whom enforcement of the such change, waiver, discharge or termination is sought.

Appears in 53 contracts

Sources: Subordinated Underwriting Agreement (Citicorp Mortgage Securities Inc), Subordinated Underwriting Agreement (Citicorp Mortgage Securities Inc), Subordinated Underwriting Agreement (Citicorp Mortgage Securities Inc)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.. * * * * * *

Appears in 22 contracts

Sources: Mortgage Loan Purchase Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp8), Mortgage Loan Purchase Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc18), Mortgage Loan Purchase Agreement (JP Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc14)

Miscellaneous. This Agreement agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

Appears in 12 contracts

Sources: Underwriting Agreement (HSBC Receivables Funding Inc. I), Underwriting Agreement (HSBC Credit Card Master Note Trust (Usa) I), Underwriting Agreement (HSBC Receivables Funding Inc. I)

Miscellaneous. This Agreement supersedes all prior agreements Agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought.

Appears in 1 contract

Sources: Purchase Agreement (Health & Retirement Properties Trust)

Miscellaneous. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

Appears in 1 contract

Sources: Underwriting Agreement (First National Bank of Commerce)