Common use of Entire Agreement; Amendment and Waiver Clause in Contracts

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any party of a breach of any provision of this Agreement by the other party(ies) shall not operate or be construed as a waiver of any subsequent breach by such other party(ies).

Appears in 28 contracts

Samples: Chief Compliance Officer Services Agreement (ALPS Series Trust), Chief Compliance Officer Services Agreement (ALPS Series Trust), Chief Compliance Officer Services Agreement (ALPS Series Trust)

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Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 21 contracts

Samples: Chief Compliance Officer Services Agreement (Broadstone Real Estate Access Fund), Chief Compliance Officer Services Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust), Chief Compliance Officer Services Agreement (Harvest Volatility Edge Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and the Fund. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 5 contracts

Samples: Chief Compliance Officer Services Agreement (Broadstone Real Estate Access Fund), Chief Compliance Officer Services Agreement (Broadstone Real Estate Access Fund, Inc.), Chief Compliance Officer Services Agreement (HealthShares (TM) Inc.)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and CLIENT. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 4 contracts

Samples: Chief Compliance Officer Services Agreement (Financial Investors Trust), Chief Compliance Officer Services Agreement (Cook & Bynum Funds Trust), Services Agreement (EGA Emerging Global Shares Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain constitutes the entire understanding and agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereof, and supersedes all prior agreements and understandings, inducements and conditions, express or implied, oral or written. No waiver, amendment This Agreement may only be waived or modification of this Agreement shall be valid unless it is amended in a writing and signed executed by each party hereto. The No waiver by any party of a breach of any provision of this Agreement by the other party(ies) shall not operate or be construed as constitute a waiver of any subsequent breach by such other party(ies)provision hereof or constitute a similar waiver.

Appears in 3 contracts

Samples: Exchange Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.), Exchange Agreement (DG Capital Management, LLC), Exchange Agreement (Endurant Capital Management LP)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain constitutes the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating pertaining to the subject matter hereofhereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties hereto. This Agreement may not be amended or modified except in writing signed on behalf of all of the parties hereto. No waiver, amendment or modification waiver of any of the provisions of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any party of a breach of any provision of this Agreement by the other party(ies) deemed or shall not operate or be construed as constitute a waiver of any subsequent breach by other provision hereof (whether or not similar), nor shall such other party(ies)waiver constitute a continuing waiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mastek UK LTD), Stock Purchase Agreement (Majesco LTD)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement among ALPS and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 2 contracts

Samples: Chief Compliance Officer Services Agreement (Transparent Value Trust), Chief Compliance Officer Services Agreement (Transparent Value Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to incorporated herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 2 contracts

Samples: Chief Compliance Officer Support Services Agreement (Broadview Funds Trust), Chief Compliance Officer Support Services Agreement (Broadview Funds Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to incorporated herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and the Trusts. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 2 contracts

Samples: Compliance Support Services Agreement (Forward Funds), Compliance Support Services Agreement (Salient MF Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between A-W and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Co Administration Services Agreement (Stewart Capital Mutual Funds)

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Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between WTDM and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (WisdomTree Digital Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between ALPS and Client. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (Centre Funds)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (Index Funds)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (Financial Investors Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement and understanding among the parties hereto and supersede all prior agreements and understandings relating to the subject matter hereof. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (Financial Investors Trust)

Entire Agreement; Amendment and Waiver. This Agreement and the other writings referred to herein contain the entire agreement among between the parties hereto and supersede all prior agreements and understandings relating with respect to the subject matter hereofhereof and thereof and supersede any prior agreement between WTAM and the Trust. No waiver, amendment or modification of this Agreement shall be valid unless it is in writing and signed by each party hereto. The waiver by any either party of a breach of any provision of this Agreement by the other party(ies) party shall not operate or be construed as a waiver of any subsequent breach by such other party(ies)party.

Appears in 1 contract

Samples: Chief Compliance Officer Services Agreement (WisdomTree Trust)

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