Common use of ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS Clause in Contracts

ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS. (a) This Contract integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter hereof and constitutes the entire agreement between the Parties. (b) Seller’s acknowledgment, acceptance of payment, or commencement of performance, shall constitute Seller’s unqualified acceptance of this Contract. (c) Additional or differing terms or conditions proposed by Seller or included in Seller’s acknowledgment hereof are hereby objected to by ▇▇▇▇▇▇ and have no effect unless expressly accepted in writing by ▇▇▇▇▇▇. (d) ▇▇▇▇▇▇ agrees to indemnify, hold harmless and defend ▇▇▇▇▇▇ and its directors, officers, employees, agents, successors, and assigns from and against any and all liabilities, claims, losses, damages, fines, penalties, forfeitures, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees) which it or they may hereafter incur, become responsible for, or pay out as a result of, or arising out of, Seller’s breach of any of its duties addressed in this clause. Seller shall include this clause in all subcontracts at any tier, involving the performance of this Contract.

ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS. (a) This Contract integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter hereof and constitutes the entire agreement between the Parties. (b) Seller’s acknowledgment, acceptance of payment, or commencement of performance, shall constitute Seller’s unqualified acceptance of this Contract. (c) Additional or differing terms or conditions proposed by Seller or included in Seller’s acknowledgment hereof are hereby objected to by ▇▇▇▇▇▇ and have no effect unless expressly accepted in writing by ▇▇▇▇▇▇. (d) ▇▇▇▇▇▇ agrees to indemnify, hold save harmless and defend ▇▇▇▇▇▇ and its directors, officers, employees, agents, successorssuccessor s, and assigns from and against any and all liabilities, claims, losses, damages, fines, penalties, forfeitures, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees) which it or they the y may hereafter incur, become responsible for, or pay out as a result of, or arising out of, Seller’s breach of any of its duties addressed in this clause. Seller shall include this clause in all subcontracts at any tier, involving the performance of this Contract.