Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.
Appears in 5 contracts
Samples: Distribution Agreement (Excel Legacy Corp), Distribution Agreement (Excel Legacy Corp), Distribution Agreement (Excel Realty Trust Inc)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, then the Related Agreements shall control.
Appears in 5 contracts
Samples: Reorganization and Distribution Agreement (Rentrak Corp), Distribution Agreement (Choice Hotels International Inc), Distribution Agreement (Choice Hotels International Inc/)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions any provision of this Agreement and any provision of a Related Agreement, then the provisions of provision in the applicable Related Agreements, the Related Agreements Agreement shall control.
Appears in 4 contracts
Samples: Assignment and Assumption Agreement (Getty Realty Corp /Md/), Assignment and Assumption Agreement (Getty Petroleum Corp), Assignment and Assumption Agreement (Getty Petroleum Marketing Inc)
Complete Agreement; Construction. This AgreementAgreement and the Other Agreements, including the Schedules any schedules and Exhibits and the Related Agreements and other agreements and documents referred to hereinexhibits hereto or thereto, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.
Appears in 3 contracts
Samples: Distribution Agreement (Consolidated Freightways Corp), Distribution Agreement (Consolidated Freightways Inc), Distribution Agreement (Consolidated Freightways Corp)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits hereto and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.
Appears in 3 contracts
Samples: Plan of Reorganization and Distribution Agreement (Abf Capital Corp), Plan of Reorganization and Distribution Agreement (Abf Capital Corp), Plan of Reorganization and Distribution Agreement (Abf Capital Corp)
Complete Agreement; Construction. This AgreementAgreement and the Other Agreements, including the Schedules any schedules and Exhibits and the Related Agreements and other agreements and documents referred to hereinexhibits hereto or thereto, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.7.2
Appears in 2 contracts
Samples: Distribution Agreement (Landair Corp), Distribution Agreement (Landair Corp)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to hereinhereto, shall constitute constitutes the entire agreement between the parties with respect to the subject matter hereof hereof, and thereof and shall supersede supersedes all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.
Appears in 2 contracts
Samples: Spin Off Agreement (Bristol Hotels & Resorts Inc), Spin Off Agreement (Felcor Suite Hotels Inc)
Complete Agreement; Construction. This AgreementAgreement and the Ancillary Agreements, including the Schedules any schedules and Exhibits and the Related Agreements exhibits hereto or thereto, and other agreements and documents referred to hereinherein and therein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreementsany Ancillary Agreement, the Related Agreements provisions of this Agreement shall control.
Appears in 2 contracts
Samples: Distribution Agreement (Marcam Solutions Inc), Distribution Agreement (Marcam Corp)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements other Transaction Documents and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.
Appears in 2 contracts
Samples: Contribution and Distribution Agreement (Nu Skin Enterprises Inc), Contribution and Distribution Agreement (Nu Skin Enterprises Inc)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.this
Appears in 1 contract
Samples: Distribution Agreement (Hi/Fn Inc)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits Annexes hereto and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiationsnegotia- tions, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreements, the Related Agreements shall control.subject
Appears in 1 contract
Samples: Employee Benefits Allocation Agreement (New Morton International Inc)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits hereto and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement or the Separation Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this the Separation Agreement and this Agreement, the provisions of the Related Agreements, the Related Agreements this Agreement shall control.
Appears in 1 contract
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits hereto and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement or the Separation Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this the Separation Agreement and this Agreement, the provisions of the Related Agreements, the Related Agreements this Agreement shall control.
Appears in 1 contract
Complete Agreement; Construction. This Subject to Section 9.14, this Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, shall constitute the entire agreement between the parties Parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in In the event and to the extent that there shall be a of any conflict between the provisions terms and conditions of the body of this Agreement and the provisions terms and conditions of the Related Agreementsany Schedule or Exhibit, the Related Agreements terms and conditions of such Schedule or Exhibit shall control.
Appears in 1 contract
Samples: Joint Venture Formation Agreement (Enexus Energy CORP)
Complete Agreement; Construction. This Agreement, including the Schedules and Exhibits and the Related Agreements and other agreements and documents referred to herein, Schedules shall constitute the entire agreement between the parties Parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in In the event and to the extent that there shall be a of any conflict between the provisions terms and conditions of the body of this Agreement and the provisions terms and conditions of the Related Agreementsany Schedule, the Related Agreements terms and conditions of such Schedule shall control.
Appears in 1 contract
Complete Agreement; Construction. This AgreementAgreement and the Ancillary Agreements, including the Schedules any schedules and Exhibits and the Related Agreements exhibits hereto or thereto, and other agreements and documents referred to herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter. Notwithstanding any other provisions in this Agreement to the contrary, in the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Related Agreementsany Ancillary Agreement, the Related Agreements provisions of such Ancillary Agreement shall control.
Appears in 1 contract