No Amendment of Agreement. In the event that the terms of the Standalone Product Master Plan or Quality Agreement are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise explicitly agreed to in writing by the CONFIDENTIAL TREATMENT REQUESTED parties. The Standalone Product Master Plan and Quality Agreement shall be incorporated herein by reference and made a part of this Agreement.
No Amendment of Agreement. In the event that the terms of any Project Plan, Regulatory Plan, or Exhibit are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise explicitly agreed to in writing by the parties. Not Project Plan, Regulatory Plan, or Exhibit shall be deemed to amend this Agreement. Upon execution of any Project Plan, Regulatory Plan, or Exhibit, such Plan or Exhibit shall be deemed to be incorporated herein and by reference and made a part of this Agreement.
No Amendment of Agreement. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, the Administrative Manuals or any updates or revisions thereto shall not be used to amend or waive, and shall not amend or waive, the Agreement or any portion thereof. In the event of any irreconciliable conflict between the provisions of the Agreement and the Administrative Manuals, the Agreement shall prevail.
No Amendment of Agreement. In no event shall the arbitrators have the power or jurisdiction to amend, modify or vary the terms of this Agreement or any of the other Transaction Agreements. Exhibit E NON-DISCLOSURE AND NON-COMPETE AGREEMENT This AGREEMENT (this "Agreement"), is made as of October 7, 2002 (the "Effective Date"), by and between MERITAGE CORPORATION, a Maryland corporation ("Meritage"), MTH-HOMES NEVADA, INC., an Arizona corporation (the "Company"), ZENITH NATIONAL INSURANCE CORP., a Delaware corporation ("Zenith"), and PERMA-BILT, a Nevada corporation ("Seller" and, together with Zenith, "Selling Parties").
No Amendment of Agreement. In no event shall the arbitrator have the power or jurisdiction to amend, modify or vary the terms of this Agreement or any of the other Transaction Agreements. EXHIBIT D Form(s) of Limited Warranty Deed WHEN RECORDED RETURN TO: XXXXXX, XXXXXXX & XXXXXX, LLP Attorneys at Law 000 Xxxxxxx Xxxxx Suite 300 Atlanta, Georgia 30328 File No. ________ LIMITED WARRANTY DEED This Indenture made this ____ day of _________, 20___ between ____________________, a __________________, as party or parties of the first part, hereinunder called Grantor, and ___________________, a ____________, as party or parties of the second part, hereinafter called Grantee (the words "Grantor" and "Grantee" to include their respective heirs, administrators, executors, personal representatives, successors and assigns where the context requires or permits).
No Amendment of Agreement. No Project Plan, Regulatory Plan or Product Master Plan shall be deemed to amend this Agreement. In the event that the terms of any Project Plan, Regulatory Plan or Product Master Plan are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. explicitly agreed to in a writing by the parties, expressly indicating an intent by the parties to amend this Agreement in accordance with Article 26. Upon approval in writing by both BAXTER and PRAECIS of any Project Plan, Regulatory Plan or Product Master Plan, such Project Plan, Regulatory Plan or Product Master Plan shall be deemed to be incorporated herein by reference and made a part of this Agreement.
No Amendment of Agreement. In the event that the terms of any Plan are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise explicitly agreed to in writing by the Parties. No Plan shall be deemed to amend this Agreement. Upon execution of any Plan, such plan shall be deemed to be incorporated herein and by reference and made a part of this Agreement (subject to the first sentence of this Section).
No Amendment of Agreement. In no event shall the arbitrators have the power or jurisdiction to amend, modify or vary the terms of this Agreement or any of the other Transaction Agreements. EXHIBIT E NON-DISCLOSURE AND NON-COMPETE AGREEMENT NON-DISCLOSURE AND NON-COMPETE AGREEMENT This AGREEMENT (this "AGREEMENT"), is made as of October 7, 2002 (the "EFFECTIVE DATE"), by and between MERITAGE CORPORATION, a Maryland corporation ("MERITAGE"), MTH-HOMES NEVADA, INC., an Arizona corporation (the "COMPANY"), ZENITH NATIONAL INSURANCE CORP., a Delaware corporation ("ZENITH"), and PERMA-BILT, A NEVADA CORPORATION ("SELLER" and, together with Zenith, "SELLING PARTIES").
No Amendment of Agreement. In the event that the terms of any Development Plan, Project Plan, Regulatory Plan or Drug Product Appendix are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise explicitly agreed to in writing by the Parties. No Development Plan, Project Plan, Regulatory Plan or Drug Product Appendix shall be deemed to amend this Agreement.
No Amendment of Agreement. In the event that the terms of any Project Plan are inconsistent with the terms of this Agreement, this Agreement shall control, unless otherwise explicitly agreed to in writing by the Parties. No Project Plan shall be deemed to amend this Agreement. Upon execution of any Project Plan, such plan shall be deemed to be incorporated herein and by reference and made a part of this Agreement. Certain information identified by bracketed asterisks ([* * *]) has been omitted from this exhibit because it is both not material and would be competitively harmful if publicly disclosed.
