This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.
New York Entire Agreement and No Waiver
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US-OL18013
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FAQ
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
The non- waiver clause helps to prevent the parties from inadvertently waiving their contractual rights through their actions. Put another way, non-waiver clauses ensure that the terms and conditions of an agreement can't be modified just by the actions of the parties.
The entire contract clause, also known as an "entire agreement clause," is a type of clause found in many contracts and legal documents. It is a provision that states that the parties have included all of the terms of their agreement within the contract, and nothing else is applicable.
This Agreement contains contain the entire agreement of the parties with respect to the matters covered herein and supersede all prior and contemporaneous agreements and understandings, oral or written, between the parties hereto concerning the subject matter hereof.
The Contracts Clause of the New York State Constitution provides that: "After July first, nineteen hundred forty, membership in any person or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired." Id. N.Y. CONST.
An entire agreement clause in a contract asserts that the contract constitutes the whole agreement between the parties and seeks to prevent the parties from relying on any preceding agreements, negotiations or discussions that have not been set out in the agreement.
Simply put, a no waiver clause should spell out the fact that both parties always have the right to enforce the terms of the contract.
To form a contract in New York, one person must make an offer and the other person must accept it. Then, they must agree to exchange something of value, such as money, goods or services. If the value of the contract is more than $500, the contract must be in writing. If it is not in writing, it may not be enforceable.