Beanstalk Innovation, Inc. v. SRG Tech., LLC

Section 11 of the Reseller Agreement provides that oral modifications are prohibited:

This Agreement and any term or provision hereof may be changed, waived, discharged or terminated only in writing, signed by the Parties.

(Doc. 1-1 at ¶ 11).

Section 9 of the Settlement Agreement also prohibits oral modifications:

This Settlement Agreement may only be amended or modified with the prior consent of the Parties and in a writing executed by the Parties hereto.

(Doc. 1-2 at ¶ 9).

Florida courts enforce clauses, such as those in the Agreements, requiring any contract modifications be in writing.

[W]hen a…