Complete Agreement; Amendments; Waivers. This Agreement constitutes the complete agreement between the Parties with respect to the subject matter hereof, supersedes any previous agreement or understanding between them relating hereto and may not be modified, altered or amended except as provided herein. This Agreement can be amended, supplemented or changed, and any provision hereof can be waived, only by written instrument making specific reference to this Agreement signed by the Party against whom enforcement of any such amendment, supplement, modification or waiver is sought. The waiver by any Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a further or continuing waiver of such breach or as a waiver of any other or subsequent breach. No failure on the part of any Party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such Party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law.
Complete Agreement; Amendments; Waivers. This Agreement and the other Transaction Documents represent the complete understanding of the parties concerning the subject matter of this Agreement and supersede any and all previous agreements or understandings, written or oral, relating to the subject matter of this Agreement. Amendments to this Agreement shall only be effective if in writing and signed by duly authorized officers of Buyer and Seller. Waivers of any provision of this Agreement shall only be effective if in writing and signed by the party to be bound, and any waiver will be effective only as to the matters expressly covered in such writing. Any party’s knowledge of any breach of or non-compliance with any other party’s covenants, agreements, representations or warranties shall not constitute a waiver. No failure or delay by any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and/or remedies provided by law.
Complete Agreement; Amendments; Waivers. This Agreement, --------------------------------------- together with the Exhibits and Schedules hereto, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, with respect thereto. This Agreement may be modified or amended only by a written instrument signed by the parties hereto. No provision of this Agreement may be waived without a written instrument signed by the waiving party. The failure of any party to require, in any one or more instances, the performance of any of the terms, covenants, or conditions of this Agreement will not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term, covenant, or condition, but the obligations of the parties with respect thereto will continue in full force and effect.
Complete Agreement; Amendments; Waivers. (a) This Agreement constitutes the full and complete agreement of the parties hereto with respect to the subject matter hereof.
Complete Agreement; Amendments; Waivers. This Agreement, the --------------------------------------- Transaction Documents, the Consulting Agreement, and the Services Agreements, together with the exhibits and schedules hereto and thereto, and Paragraphs 3, 11, 12, 14, 16, 17, and 18 of the Letter of Intent (the "LOI") entered into between the Seller and PSINet Inc., dated August 21, 1998, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, with respect thereto. This Agreement may be amended only by a written instrument signed by the parties hereto. No provision of this Agreement may be waived without a written instrument signed by the waiving party. The failure of any party to insist, in any one or more instances, on performance of any of the terms or conditions of this Agreement will not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term, covenant, or condition, and the obligations of the parties with respect thereto will continue in full force and effect.
Complete Agreement; Amendments; Waivers. This letter constitutes the complete agreement between the Parties with respect to the Transaction, any Similar Transaction or the subject matter hereof, supercedes any previous agreement or understanding between them relating thereto and hereto and may not be modified, altered or amended except as provided herein. This letter can be amended, supplemented or changed, and any provision hereof can be waived, only by written instrument making specific reference to this letter signed by the Party against whom enforcement of any such amendment, supplement, modification or waiver is sought.
Complete Agreement; Amendments; Waivers. 17.1 This PTA including the Appendixes constitutes the entire understanding and agreement between the parties with respect to the issues covered herein and there are no representations, understandings or agreement, oral or written, which are not included herein.
