4. BINDING AGREEMENT: This Agreement sets forth the terms and conditions relative to the sale of CTECS Assessments using TFI E-SESS Software for purposes of administering the assessment(s). A full executed Agreement must be received by CTECS prior to any services being provided to Purchaser. Both parties recognize this as a fully binding agreement. Both parties recognize that the terms of a signed agreement is binding on all parties, regardless of whether a purchase order has been submitted by the Purchaser.
5. ASSIGNMENT AND TRANSFER: The rights, privileges and obligations set forth in this Agreement may not be transferred without the prior written consent of the parties.
6. MODIFICATION: No modification or waiver of any of the terms of this Agreement shall be allowed unless by written agreement signed by both parties. No waiver of any breach or default hereunder shall be deemed waiver of any subsequent breach or default of the same or similar nature.
7. HEADINGS: Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
8. GOVERNING LAW: This Agreement is governed by the laws of the State of Idaho, United States of America vice the State of Georgia, United States of America.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and revokes, supersedes and replaces any prior agreement, arrangements, or expressions of intent or understanding, oral or written, with respect to the subject matter hereof and may only be modified by the parties in writing.
By my entering into this agreement, I certify: I have authority to bind the entity that I represent. I have satisfied all applicable prerequisites in law and in procedure for my entering into this agreement, including but not limited to state purchasing laws, bidding and sourcing requirements, and local contracting procedures. I have completed all requirements for payment of the obligations I have undertaken herein.
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