190-01499-10
GTX 35R/45R Installation Manual (Non-Certified Aircraft)
Rev. 1
Page vi
6.8
Amendments and Waivers. This Agreement may be amended and any provision of this
Agreement may be waived, provided that any such amendment or waiver will become and
remain binding upon a Party only if such amendment or waiver is set forth in a writing by
such Party. No course of dealing between or among any persons having any interest in
this Agreement will be deemed effective to modify, amend or discharge any part of this
Agreement or any rights or obligations of any Party under or by reason of this Agreement.
No delay or failure in exercising any right, power or remedy hereunder will affect or
operate as a waiver thereof; nor will any single or partial exercise thereof or any
abandonment or discontinuance of steps to enforce such a right, power or remedy preclude
any further exercise thereof or of any other right, power or remedy. The rights and
remedies hereunder are cumulative and not exclusive of any rights or remedies that any
Party would otherwise have.
6.9
Severability. The provisions of this Agreement will be severable in the event that for any
reason whatsoever any of the provisions hereof are invalid, void or otherwise
unenforceable, any such invalid, void or otherwise unenforceable provisions will be
replaced by other provisions which are as similar as possible in terms to such invalid, void
or otherwise unenforceable provisions but are valid and enforceable and the remaining
provisions will remain valid and enforceable to the fullest extent permitted by applicable
law, in each case so as to best preserve the intention of the Parties with respect to the
benefits and obligations of this Agreement.
6.10
No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and
does not confer on third parties any remedy, claim, reimbursement, claim of action or
other right in addition to those existing without reference to this Agreement.
6.11
Entire Agreement. This Agreement shall constitute the entire agreement between Garmin
and you with respect to the subject matter hereof and will supersede all prior negotiations,
agreements and understandings of Garmin and you of any nature, whether oral or written,
with respect to such subject matter.
6.12
Interpretation. In this Agreement: (a) headings are for convenience only and do not affect
the interpretation of this Agreement; (b) the singular includes the plural and vice versa; (c)
the words 'such as', 'including', 'particularly' and similar expressions are not used as, nor
are intended to be, interpreted as words of limitation; (d) a reference to a person includes a
natural person, partnership, joint venture, government agency, association, corporation or
other body corporate; a thing includes a part of that thing; and a party includes its
successors and permitted assigns; and (e) no rule of construction applies to the
disadvantage of a Party because that Party was responsible for the preparation of this
Agreement.
Any translation of this Agreement from English is provided as a convenience
only. If this Agreement is translated into a language other than English and there is a
conflict of terms between the English version and the other language version, the English
version will control.
