entity between the parties or constitute any party the partner, agent or legal representative of the other. Waivers Subject to Clause 10.4 above, the failure of any party to insist upon strict performance of any provision of this Agreement, or to exercise any right or remedy to which it is entitled, shall not constitute a waiver and shall not cause a diminution of the obligations established by this Agreement. A waiver of any breach shall not constitute a waiver of any subsequent breach. No waiver of any right or remedy under this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing. Whole Agreement This Agreement and the Proposal contain the agreement between the parties relating to the transactions contemplated by this agreement and supersedes all previous agreements, arrangements and understandings between the parties relating to those transactions or that subject matter. No purchase order, statement or other similar document will add to or vary the terms of this Agreement. Each party acknowledges that in entering into this Agreement it has not relied on any representation, warranty, collateral contract or other assurance (except those set out or referred to in this Agreement) made by or on behalf of any other party before the acceptance or signature of this Agreement. Each party waives all rights and remedies that, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance. Nothing in this Agreement limits or excludes any liability for fraudulent misrepresentation. Third Party Rights A person who is not party to this Agreement has no right to enforce any of its terms. Further Assurance Each party shall, at the cost and request of any other party, execute and deliver such instruments and documents and take such other actions in each case as may be reasonably requested from time to time in order to give full effect to its obligations under this Agreement. Client hereby acknowledges that prior to its execution of this Agreement Intertek thoroughly explained each and every term and condition under this Agreement to Client and each term and condition OF this Agreement has been thoroughly and mutually consulted and negotiated between the two parties, AND THAT as such the terms and conditions under this Agreement do not constitute an adhesive contract IMPOsed by either party but is reflection of the true MUTUAL assent of both parties.
entity between the parties or constitute any party the partner, agent or legal representative of the other. Waivers Subject to Clause 10.4 above, the failure of any party to insist upon strict performance of any provision of this Agreement, or to exercise any right or remedy to which it is entitled, shall not constitute a waiver and shall not cause a diminution of the obligations established by this Agreement. A waiver of any breach shall not constitute a waiver of any subsequent breach. No waiver of any right or remedy under this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the other party in writing. Whole Agreement This Agreement and the Proposal contain the agreement between the parties relating to the transactions contemplated by this agreement and supersedes all previous agreements, arrangements and understandings between the parties relating to those transactions or that subject matter. No purchase order, statement or other similar document will add to or vary the terms of this Agreement. Each party acknowledges that in entering into this Agreement it has not relied on any representation, warranty, collateral contract or other assurance (except those set out or referred to in this Agreement) made by or on behalf of any other party before the acceptance or signature of this Agreement. Each party waives all rights and remedies that, but for this Clause, might otherwise be available to it in respect of any such representation, warranty, collateral contract or other assurance. Nothing in this Agreement limits or excludes any liability for fraudulent misrepresentation. Third Party Rights A person who is not party to this Agreement has no right to enforce any of its terms. Further Assurance Each party shall, at the cost and request of any other party, execute and deliver such instruments and documents and take such other actions in each case as may be reasonably requested from time to time in order to give full effect to its obligations under this Agreement. Client hereby acknowledges that prior to its execution of this Agreement Intertek thoroughly explained each and every term and condition under this Agreement to Client and each term and condition OF this Agreement has been thoroughly and mutually consulted and negotiated between the two parties, AND THAT as such the terms and conditions under this Agreement do not constitute an adhesive contract IMPOsed by either party but is reflection of the true MUTUAL assent of both parties.
Intertek_Standard_TC_en.docx