Common use of Entire Agreement; Amendment; Waivers Clause in Contracts

Entire Agreement; Amendment; Waivers. This Agreement and the documents delivered pursuant hereto constitute the entire agreement and understanding among each Owner, the Seller and Apple and supersede all prior agreements and understandings, both written and oral, relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented, and any right hereunder may be waived, if, but only if, that amendment, modification, supplement or waiver is in writing and signed by the Seller and Apple; provided, however, that no such amendment, modification, supplement or waiver will be effective unless it is signed by each Owner affected thereby to the extent that it (a) changes the several nature of that Owner's representations and warranties (to the extent they are not already joint and several as provided in Sections 4.01 and 11.03), (b) waives the consummation of the IPO as a condition to consummation of the Acquisition or (c) amends or waives this sentence. The waiver of any of the terms and conditions hereof shall not be construed or interpreted as, or deemed to be, a waiver of any other term or condition hereof.

Entire Agreement; Amendment; Waivers. This Agreement and the documents delivered pursuant hereto constitute the entire agreement and understanding among each Owner, the Seller and Apple and supersede all prior agreements and understandings, both written and oral, relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented, and any right hereunder may be waived, if, but only if, that amendment, modification, supplement or waiver is in writing and signed by the Seller and Apple; provided, however, that no such amendment, modification, supplement or waiver will be effective unless it is signed by each Owner affected thereby to the extent that it (a) changes the several nature of that Owner's representations and warranties (to the extent they are not already joint and several as provided in Sections 4.01 and 11.03), (b) waives the consummation of the IPO as a condition to consummation of the Acquisition or (c) amends or waives this sentence. The waiver of any of the terms and conditions hereof shall not be construed or interpreted as, or deemed to be, a waiver of any other term or condition hereof.this

Entire Agreement; Amendment; Waivers. This Agreement and the documents delivered pursuant hereto constitute the entire agreement and understanding among each Ownerthe Company, the Seller IVT and Apple IVT Sub and supersede all prior agreements and understandings, both written and oral, relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented, and any right hereunder may be waived, if, but only if, that amendment, modification, supplement or waiver is in writing and signed by the Seller Company and AppleIVT; provided, however, that no such amendment, modification, supplement or waiver will be effective unless it is signed by each Owner Stockholder affected thereby to the extent that it (a1) reduces the amount, or changes the several nature of that Owner's representations and warranties (to the extent they are not already joint and several as provided in Sections 4.01 and 11.03)components, (b) waives the consummation of the IPO as a condition to consummation of the Acquisition Consideration that Stockholder is entitled to receive pursuant to Paragraph 2 or (c2) amends or waives this sentence. The waiver of any of the terms and conditions hereof shall not be construed or interpreted as, or deemed to be, a waiver of any other term or condition hereof.