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

Entire Agreement; Amendment; Waiver; Counterparts. This Agreement expresses the entire understanding with respect to the subject matter hereof and supersedes and terminates any prior oral or written agreements with respect to the subject matter hereof. Any term of this Agreement may be amended and observance of any term of this Agreement may be waived only with the written consent of the parties hereto in the case of an amendment and by the party granting the waiver in the case of a waiver. Waiver of any term or condition of this Agreement by a party shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or waiver of any other term or condition of this Agreement. The failure of a party at any time to require performance by the other party of any provision of this Agreement shall not affect the right of such party to require future performance of such provision or any other provision of this Agreement. This Agreement may be executed in separate counterparts each of which will be an original and all of which taken together will constitute one and the same agreement, and may be executed using facsimiles of signatures, and a facsimile of a signature shall be deemed to be the same, and equally enforceable, as an original of such signature.

Entire Agreement; Amendment; Waiver; Counterparts. This Agreement and all references herein expresses the entire understanding with respect to the subject matter hereof and supersedes and terminates any prior oral or written agreements with respect to the subject matter hereof. Any term of this Agreement may be amended and observance of any term of this Agreement may be waived only with the written consent of the parties hereto in the case of an amendment and by the party granting the waiver in the case of a waiverhereto. Waiver of any term or condition of this Agreement by a any party shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or waiver of any other term or condition of this Agreement. The failure of a any party at any time to require performance by the any other party of any provision of this Agreement shall not affect the right of any such party to require future performance of such provision or any other provision of this Agreement. This Agreement may be executed in separate counterparts each any number of which will be an original and counterparts, all of which when taken together will constitute shall be considered one and the same agreement, and may be executed using facsimiles of signatures, and a facsimile it being understood that all Parties need not sign the same counterpart. In the event that any signature is delivered by fax or by e-mail delivery of a “.pdf” format data file, such signature shall be deemed to be create a valid and binding obligation of the same, Party executing (or on whose behalf such signature is executed) with the same force and equally enforceable, effect as if such facsimile or “.pdf” signature page were an original of such signaturethereof.