Complete Agreement; Waiver and Modification, Etc. This Agreement and the 9% Option to Lease dated as of the date hereof between the FCRHA and AW9 for the 9% Ground Lease constitutes the entire agreement between the Parties hereto and thereto pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and understandings of the Parties. There are no representations, warranties, covenants, or conditions by or benefiting any Party except those expressly stated or provided for in this Agreement, any implied representations, warranties, covenants, or conditions being hereby expressly disclaimed. No person or entity other than the Parties to this Agreement have any rights or remedies under or in connection with this Agreement, except rights or remedies validly assigned hereunder. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof or thereof, will require the consent of any person or entity other than the Parties hereto, nor will any such amendment, supplement, termination or waiver be binding on a Party to this Agreement unless made in a writing signed by such Party. To the extent any provision of the Option conflicts with, or is inconsistent with, this Agreement, then this Agreement shall govern and control.
Complete Agreement; Waiver and Modification, Etc. This Agreement constitutes the entire agreement between the Parties hereto and thereto pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and understandings of the Parties. There are no representations, warranties, covenants or conditions by or benefiting any Party except those expressly stated or provided for in this Agreement, any implied representations, warranties, covenants or conditions being hereby expressly disclaimed. No person or entity other than the Parties to this Agreement have any rights or remedies under or in connection with this Agreement, except rights or remedies validly assigned hereunder. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof or thereof, shall require the consent of any person or entity other than the Parties hereto, nor shall any such amendment, supplement, termination or waiver be binding on a Party to this Agreement unless made in a writing signed by such Party.
Complete Agreement; Waiver and Modification, Etc. This Agreement, in conjunction with the USC Lease, the Parking Lot Lease, the Sports Arena Option, and the NDA, constitutes the entire agreement between the parties hereto and thereto pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and understandings of the parties. There are no representations, warranties, covenants or conditions by or benefiting any party except those expressly stated or provided for in this Agreement, the USC Lease, the Parking Lot Lease, the Sports Arena Option, and the NDA, any implied representations, warranties, covenants or conditions being hereby expressly disclaimed. No
Complete Agreement; Waiver and Modification, Etc. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties, but excluding the Non-Disclosure Agreement dated March 8, 2000 between the Buyer and the Company, which shall continue in effect. There are no representations or warranties by any party except those expressly stated or provided for herein, any implied warranties being hereby expressly disclaimed. There are no covenants or conditions except those expressly stated herein. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof, shall be binding on a party unless made in a writing signed by such party. This Agreement may be modified by mutual agreement of the parties as authorized by their respective boards of directors, notwithstanding approval hereof and thereof by the stockholders of the parties, subject to the limitations imposed by the Pennsylvania Business Corporation Law. Nothing in this Agreement shall be construed to give any Person other than the express parties hereto any rights or remedies.
Complete Agreement; Waiver and Modification, Etc. This Agreement, in conjunction with the USC Lease, the Parking Lot Lease, the Coliseum Option, and the NDA, constitutes the entire agreement between the parties hereto and thereto pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and understandings of the parties. There are no representations, warranties, covenants or conditions by or benefiting any party except those expressly stated or provided for in this Agreement, the USC Lease, the Parking Lot Lease, the Coliseum Option, and the NDA, any implied representations, warranties, covenants or conditions being hereby expressly disclaimed. No person or entity other than the parties to this Agreement have any rights or remedies under or in connection with this Agreement, except rights or remedies validly assigned hereunder. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof or thereof, shall require the consent of any person or entity other than the parties hereto, nor shall any such amendment, supplement, termination or waiver be binding on a party to this Agreement unless made in a writing signed by such party.
Complete Agreement; Waiver and Modification, Etc. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties. There are no representations or warranties by any party except those expressly stated or provided for herein, any implied warranties being hereby expressly disclaimed. There are no covenants or conditions except those expressly stated herein. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof, shall be binding on a party unless made in a writing signed by such party. This Agreement and the Merger Agreement may be modified by mutual agreement of the parties as authorized by their respective boards of directors, notwithstanding approval hereof and thereof by the stockholders of the parties, subject to the limitations stated in Section 251(d) of the Delaware General Corporation Law. Nothing in this Agreement shall be construed to give any Person other than the express parties hereto any rights or remedies (other than the rights of the Holders under the Merger Agreement).
Complete Agreement; Waiver and Modification, Etc. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties. There are no representations or warranties by any party except those expressly stated or provided for herein, any implied warranties being hereby expressly disclaimed. There are no covenants or conditions except those expressly stated herein. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof, shall be binding on a party unless made in a writing signed by such party. This Agreement may be terminated prior to the Merger Effective Time by mutual agreement of NetObjects, Subsidiary and Rocktide, as authorized by their respective boards of directors, notwithstanding approval hereof by the stockholders of such parties. This Agreement may be amended prior to the Merger Effective Time by mutual agreement of NetObjects, Subsidiary and Rocktide, as authorized by their respective boards of directors, notwithstanding approval hereof by the stockholders of such parties; provided, however, that such amendment shall not (i) alter or change the amount or kind of shares, securities, cash, property and/or rights to be received in exchange for or on conversion of all or any of the shares of any class or series thereof of Rocktide, (ii) alter or change any term of the certificate of incorporation of the Surviving Corporation to be effected by the Merger or (iii) alter or change any of the terms and conditions of the Agreement if such alteration or change would adversely affect the holders of any class or series thereof of such party. Nothing in this Agreement shall be construed to give any Person other than the express parties hereto any rights or remedies.
Complete Agreement; Waiver and Modification, Etc. This Agreement, the agreements referred to in Section 1.4 and the other documents referred to herein or therein executed in connection herewith and therewith constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements and understandings of the parties, including without limitation the letter of intent dated August 2, 2006. There are no representations or warranties by any party except those expressly stated or provided for herein, any implied warranties being hereby expressly disclaimed. There are no covenants or conditions except those expressly stated herein. No amendment, supplement or termination of or to this Agreement, and no waiver of any of the provisions hereof, shall be binding on a party unless made in a writing signed by such party. Nothing in this Agreement shall be construed to give any Person other than the express parties hereto any rights or remedies.
Complete Agreement; Waiver and Modification, Etc. This Agreement, in conjunction with the USC Lease, the Parking Lot Lease, the Coliseum Option, and the NDA, constitutes the entire agreement between the parties hereto and thereto pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and
Complete Agreement; Waiver and Modification, Etc. This Agreement (including the Exhibits to this Agreement) constitutes the entire agreement between the parties pertaining to the subject matter hereof, including the operation and ownership of the LP gas business of SYN, EGC, Energy, CGI and any subsidiary of any of them or of NGC, and supersedes all prior and contemporaneous agreements and understandings of the parties. There are no representations or warranties by any party hereto with respect to this Agreement and the transactions provided for herein, except those expressly stated or provided for herein, any implied warranties being hereby expressly disclaimed. No amendment of, supplement to or termination of this Agreement, and no waiver of any of the provisions hereof, shall be binding on a party hereto unless made in a writing signed by that party.
