Miscellanous. 16.1 These GTCS (and the accompanying PO/quotation/confirmation of sale/invoice) embody the entire understanding between the parties and supersede all previous agreements, understandings or representations whether in writing or orally regarding its subject matter. All agreed additions or modifications to these GTCS shall be made in writing and signed by duly authorized representatives of both Parties, failing which such modifications and amendments shall be deemed null and void. 16.2 In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these GTCS shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.3 In no event may a Party assign any of its rights, interests or obligations under this Agreement without the other Party’s prior written approval. No assignment or delegation relieves a Party of any of its obligations under this Agreement. 16.4 The failure of a Party to enforce a provision, exercise a right or pursue a default of this Agreement shall not be considered a waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given. 16.5 The relationship between the Parties is that of independent contractors. 16.6 The Parties’ rights and obligations which by their sense and context are intended survive any termination or expiration of the Agreement shall so survive, including but not limited to Sections 1, 6, 7, 8, 9, 10, 11, 14, 15 and 16.
Appears in 2 contracts
Sources: General Terms and Conditions of Sale, General Terms and Conditions of Sale
Miscellanous. 16.1 15.1 These GTCS (and the accompanying PO/quotation/confirmation of sale/invoice) embody the entire understanding between the parties and supersede all previous agreements, understandings or representations whether in writing or orally regarding its subject matter. All agreed additions or modifications to these GTCS shall be made in writing and signed by duly authorized representatives of both Parties, failing which such modifications and amendments shall be deemed null and void.
16.2 15.2 In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these GTCS shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16.3 15.3 In no event may a Party assign any of its rights, interests or obligations under this Agreement without the other Party’s prior written approval. No assignment or delegation relieves a Party of any of its obligations under this Agreement.
16.4 15.4 The failure of a Party to enforce a provision, exercise a right or pursue a default of this Agreement shall not be considered a waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given.
16.5 15.5 The relationship between the Parties is that of independent contractors.
16.6 15.6 The Parties’ rights and obligations which by their sense and context are intended survive any termination or expiration of the Agreement shall so survive, including but not limited to Sections 1, 6, 7, 8, 9, 10, 11, 14, 15 and 1615.
Appears in 2 contracts
Sources: General Terms and Conditions of Sale, General Terms and Conditions of Sale
Miscellanous. 16.1 These GTCS (and the accompanying PO/quotation/confirmation of sale/invoice) embody the entire understanding between the parties and supersede all previous agreements, understandings or representations whether in writing or orally regarding its subject matter. All agreed additions or modifications to these GTCS shall be made in writing and signed by duly authorized representatives of both Parties, failing which such modifications and amendments shall be deemed null and void.
16.2 In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these GTCS shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16.3 In no event may a Party the Buyer assign any of its rights, interests or obligations under this Agreement without the other PartyMersen’s prior written approval. No assignment or delegation relieves a Party the Buyer of any of its obligations under this Agreement.
16.4 The failure of a Party Mersen to enforce a provision, exercise a right or pursue a default of this Agreement shall not be considered a waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given.
16.5 The relationship between the Parties is that of independent contractors.
16.6 The Parties’ rights and obligations which by their sense and context are intended survive any termination or expiration of the Agreement shall so survive, including but not limited to Sections 1, 6, 7, 8, 9, 10, 11, 14, 15 and 1615.
Appears in 1 contract
Sources: General Terms and Conditions of Sale
Miscellanous. 16.1 These GTCS (and the accompanying PO/quotation/confirmation of sale/invoice) embody the entire understanding between the parties and supersede all previous agreements, understandings or representations whether in writing or orally regarding its subject matter. All agreed additions or modifications to these GTCS shall be made in writing and signed by duly authorized representatives of both Parties, failing which such modifications and amendments shall be deemed null and void.
16.2 In the event any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these GTCS shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
16.3 In no event may a Party the Buyer assign any of its rights, interests or obligations under this Agreement without the other Party’s prior written approval. No assignment or delegation relieves a Party the Buyer of any of its obligations under this Agreement.
16.4 The failure of a Party Mersen to enforce a provision, exercise a right or pursue a default of this Agreement shall not be considered a waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given.
16.5 The relationship between the Parties is that of independent contractors.
16.6 The Parties’ rights and obligations which by their sense and context are intended survive any termination or expiration of the Agreement shall so survive, including but not limited to Sections 1, 6, 7, 8, 9, 10, 11, 14, 15 and 16.
Appears in 1 contract
Sources: General Terms and Conditions of Sale