This excerpt taken from the TA 8-K filed Jun 19, 2008.
2. Miscellaneous Provisions.
(a) Amendment, Modification and Severability. This Agreement may not be amended or modified or waived except by a written agreement signed by the party against whom enforcement of such amendment, modification or waiver is sought.
(b) Notices. All notices, requests or other communications required or permitted hereunder shall be given in writing and delivered by hand, overnight delivery service or certified mail and shall be deemed to have been delivered on the date of receipt, to the addresses set forth below:
TravelCenters of America LLC
John R. Hoadley
(c) Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, except for the Termination Agreement referenced above.
(d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns, but this Agreement shall not be assigned by any of the parties hereto without the prior written consent of the other parties and any assignment made absent such consent shall be void ab initio. This Agreement and the legal relations between and among the parties hereto shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to principles of conflicts of laws. To the extent permitted by law, the parties agree to the exclusive jurisdiction of the
state courts of, and the federal courts located in, the Commonwealth of Massachusetts to resolve any and all claims arising out of, or relating to, the enforcement of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement and other documents referred to herein which form a part hereof, embody the entire agreement and understanding of the parties hereto in respect of the subject matter hereof. There are no restrictions, promises, warranties, covenants or undertakings other than those expressly set forth or referred to herein.
(e) Further Assurances. From time to time after the date hereof, each party agrees to execute and deliver such other instruments and take such other actions as the other may reasonably request in connection with the transactions contemplated hereby or to effectuate the full intent hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal as of the date first above written.