Common use of Execution and modification Clause in Contracts

Execution and modification. Section 23.01 This Agreement and all documents incorporated herein by reference constitute the complete and final agreement concerning the subject matter hereof. Any representations, terms or conditions not incorporated herein shall not be binding upon either party. No course of prior dealings between parties, no course of performance and no usage of trade shall be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. The invalidity, in whole or in part, of any of the foregoing Sections and Articles of this Agreement shall not affect the remainder of such Sections or Articles or any other Section or Article of this Agreement. Section 23.02 This Agreement wholly cancels, terminates and supersedes all previous negotiations, commitments and writings between the parties in connection therewith except as otherwise contemplated by this Agreement. This Agreement shall not become effective or binding upon Southwest until signed by an authorized representative of Southwest at which time it will be deemed retroactively effective upon the Effective Date. Notwithstanding the foregoing, the parties acknowledge and agree that the terms of the Original Agreement (including without limitation, the terms of Article VII and Article IX of the Original Agreement) shall continue to apply and shall survive solely with respect to Cause No. SC-122964; SwiftAir, LLC v. Row 44, Inc., Southwest Airlines, Co., and Does 1-51; in the Superior Court of California, County of Los Angeles—Western District, Santa ▇▇▇▇▇▇ Courthouse. Section 23.03 No change, modification, extension, renewal, ratification, rescission, termination, notice of termination, discharge, abandonment or waiver of this Agreement or any of the provisions hereof, nor any representation, promise or condition relating to this Agreement, shall be binding upon the parties unless made in writing and signed by authorized representatives of Southwest and Supplier. Section 23.04 The parties agree that they will contract in the English language and that there shall be no requirement to translate this Agreement or any of the documents incorporated herein into any other language.

Execution and modification. Section 23.01 23.1. This Agreement and all documents incorporated herein by reference constitute the complete and final agreement concerning the subject matter hereof. Any representations, terms or conditions not incorporated herein shall not be binding upon either party. No course of prior dealings between parties, no course of performance and no usage of trade shall be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. The invalidity, in whole or in part, of any of the foregoing Sections and Articles of this Agreement shall not affect the remainder of such Sections or Articles or any other Section or Article of this Agreement. Section 23.02 23.2. The parties negotiated this Agreement in good faith. Any ambiguities in the language of this Agreement are not to be construed or resolved against either party based on the fact that such party was principally responsible for drafting this Agreement. 23.3. This Agreement wholly cancels, terminates and supersedes all previous negotiations, commitments and writings between the parties in connection therewith except as otherwise contemplated by this Agreementtherewith. This Agreement shall not become effective or binding upon Southwest Progress until signed by an authorized representative of Southwest Progress at which time it will be deemed retroactively effective upon the Effective Date. Notwithstanding the foregoing, the parties acknowledge and agree that the terms of the Original Agreement (including without limitation, the terms of Article VII and Article IX of the Original Agreement) shall continue to apply and shall survive solely with respect to Cause No. SC-122964; SwiftAir, LLC v. Row 44, Inc., Southwest Airlines, Co., and Does 1-51; in the Superior Court of California, County of Los Angeles—Western District, Santa ▇▇▇▇▇▇ Courthouse. Section 23.03 23.4. No change, modification, extension, renewal, ratification, rescission, termination, notice of termination, discharge, abandonment or waiver of this Agreement or any of the provisions hereof, ; nor any representation, promise or condition relating to this Agreement, Agreement shall be binding upon the parties Progress unless made in writing and signed by an authorized representatives representative of Southwest and Supplier. Section 23.04 The parties agree that they will contract in the English language and that there Progress. Any modifications to or acknowledgments sent under this Agreement may be sent via postal service or by electronic means. These electronic transmissions shall be no requirement deemed to translate this Agreement satisfy any and all legal formalities requiring that agreements be in writing. Neither party shall contest the validity or enforceability of any such electronic transmission under any applicable statute of frauds. Computer maintained records when produced in hard copy form shall constitute business records and shall have the documents incorporated herein into same validity as any other languagegenerally recognized business records.