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37.0 Ancillary Provisions

37.1 Entire Agreement

This Agreement and the documents referred to within, contain the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings as between the Parties except where noted herein. All annexes [and schedules and exhibits] to this Agreement are incorporated by reference and form part of this Agreement.

Example 1
18.9 Entire Agreement. The terms of this Agreement shall constitute the entire Agreement between the Parties hereto and no previous communications, representations or agreements either oral or written, between the Parties hereto with respect to the subject matter thereof shall vary the terms of this Agreement.

Example 2
Article 16
Entire Agreement
16.1. It is the intention of the Parties that this contract be binding on the Parties upon signing, and that this Contract embodies the entire agreement between the parties relating to the subject matter hereof and shall supersede all other agreements, assurances, conditions, covenants, or terms relating hereto, whether written or oral or antecedent or contemporaneous with the execution hereof. There are no covenants implied by or under this Contract, other than those of good faith and fair dealing. This contract may be modified or amended only by an instrument in writing signed by both parties.

Example 3
Entire Agreement
This Agreement contains the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings as between the Parties. All Exhibits to this Agreement are incorporated by reference and form part of this Agreement.

Example 4
17.9 Entire Agreement.
(a) This Agreement, the Amendment to the SLA, the Letter Agreements and the MOU, including its Annexes and Appendixes, constitute the entire agreement between the Parties and substitute and replace any and all negotiations, understandings and prior agreements, whether verbal or in writing, between the Parties, including the Letter of Intent, the Terms of Reference, the bidding protocol, the bidding documents submitted by Company and the Access Letter.
(b) Except as expressly provided in this Agreement, no term, condition, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the provisions of this Agreement shall be effective or binding upon the Parties unless the same shall have first been effected in accordance with Section 17.8.
(c) All the references in this Agreement and to the Amendment of the SLA shall include, incorporate and specifically refer to the Annexes and Appendixes, which constitute an integral part of this Agreement. No other representations, promises, guarantees, agreements, compromises or securities (either express or implied) besides those expressly established in this Agreement and in the Amendment of the SLA, exist.

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

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