Common use of Entire Agreement; Amendment Clause in Contracts

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Appears in 65 contracts

Samples: Merger Agreement (Kinnate Biopharma Inc.), Merger Agreement (XOMA Corp), Merger Agreement (Theseus Pharmaceuticals, Inc.)

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Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the --------------------------- documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Appears in 22 contracts

Samples: Stock Tender and Voting Agreement (Durakon Industries Inc), Stock Tender and Voting Agreement (Lpiv Acquisition Corp), Stock Tender and Voting Agreement (Lpiv Acquisition Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsstates the entire agreement of the parties hereto, written and is intended to be the complete and exclusive statement of the terms hereof. It may not be added to or oralchanged orally, among and may not be modified or rescinded, or supplemented, except by a writing signed by the parties hereto and in accordance with respect the 1940 Act or pursuant to applicable orders or interpretations of the subject matter hereof and contains SEC or the entire agreement among staff of the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoSEC.

Appears in 22 contracts

Samples: Investment Sub Advisory Agreement (Deutsche DWS International Fund, Inc.), Investment Sub Advisory Agreement (Sterling Capital Funds), Investment Sub Advisory Agreement (Sterling Capital Funds)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions modified nor may any provision hereof may be modified or waived, waived except by an instrument in writing signed by each party heretoto be bound thereby.

Appears in 20 contracts

Samples: Exchange Agent Agreement (Cit Group Holdings Inc /De/), Exchange Agency Agreement (Metris Direct Inc), Exchange Agent Agreement (Contifinancial Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and contains the entire agreement thereof. This Agreement supersedes all prior agreements and understandings among the parties hereto with respect to the subject matter hereofhereof and thereof. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and therein. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except supplemented only by an a written instrument in writing signed duly executed by each party of the parties hereto.

Appears in 15 contracts

Samples: Acquisition Agreement (TBC Global News Network, Inc.), Purchase and Sale Agreement (TBC Global News Network, Inc.), Acquisition Agreement (Kalex Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, constitutes the entire agreement among the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among transactions contemplated hereby and supersedes any other agreements, whether written or oral, that may have been made or entered into by or between the parties with respect hereto or any of their respective Subsidiaries relating to the subject matter hereofhereof or the transactions contemplated hereby. This Agreement may not be changed, amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived (other than to correct a typographical error) as to any particular provision, except by an a written instrument in writing signed executed by each party all parties hereto.

Appears in 14 contracts

Samples: Sponsor Support Agreement, Shareholder Support Agreement, Shareholder Support Agreement (Lotus Technology Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Appears in 13 contracts

Samples: Stock Option Agreement (Gibson C R Co Inc), Stock Option Agreement (Gibson C R Co Inc), Stock Option Agreement (Nelson Thomas Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written including the other instruments and documents referred to herein or oraldelivered pursuant hereto, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereof and supersedes all prior oral or written agreements, commitments or understandings with respect to such matters. This No amendment, modification or discharge of this Agreement may not shall be amended, supplemented valid or modified, and no provisions hereof may be modified or waived, except by an instrument binding unless set forth in writing signed and duly executed by each the party heretoagainst whom enforcement of the amendment, modification or discharge is sought.

Appears in 11 contracts

Samples: Stock Purchase Agreement (Security First Technologies Corp), Stock Purchase Agreement (S1 Corp /De/), Stock Purchase Agreement (Security First Technologies Corp)

Entire Agreement; Amendment. This Agreement supersedes and the various documents referred to herein contains, or incorporates, all prior agreements, written or oral, among of the parties hereto with respect to the subject matter hereof and contains the entire agreement among terms agreed upon between the parties with respect to the subject matter hereofmatter, and supersedes any and all prior written or oral understandings. This Agreement may not be amended, supplemented modified or modifiedamended except in, and no provisions hereof may be modified or waivedby, except a written instrument executed by an instrument in writing signed by each party the parties hereto.

Appears in 10 contracts

Samples: Purchase and Sale Agreement (American Community Properties Trust), Purchase and Sale Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Purchase and Sale Agreement (Home Properties Inc)

Entire Agreement; Amendment. This Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect regard to the subject matter hereof, superseding all prior understandings and agreements, whether written or oral. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, revised except by an instrument in a writing signed by each party heretothe parties.

Appears in 8 contracts

Samples: Employment Agreement (Legacy Education Inc.), Employment Agreement (Unicycive Therapeutics, Inc.), Employment Agreement (Sidus Space Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsagreements and undertakings, both written or and oral, among of the parties hereto hereto, or any of them, with respect to the subject matter hereof and contains constitute the entire agreement among understanding of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended or modified except by an instrument in writing signed by each party heretoto be bound hereby.

Appears in 7 contracts

Samples: Underwriting Agreement (Santander US Debt, S.A. Unipersonal), Underwriting Agreement (Santander US Debt, S.A. Unipersonal), Underwriting Agreement (Santander US Debt, S.A. Unipersonal)

Entire Agreement; Amendment. This Agreement embodies the entire understanding of the parties hereto, and supersedes all prior employment and related agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to regarding the subject matter hereof. This Agreement may not be amendedNo change, supplemented alteration or modified, and no provisions modification hereof may be modified or waivedmade except in a writing, except by an instrument in writing signed by each party both of the parties hereto.

Appears in 7 contracts

Samples: Employment Agreement (Viatel Inc), Employment Agreement (Viatel Inc), Employment Agreement (Viatel Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement supersedes all prior agreements, understandings, negotiations and discussions, both written and oral, among the parties with respect to the subject matter hereofhereto. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, in any way except by an a written instrument in writing signed executed by each party heretothe Company and the Consultant.

Appears in 7 contracts

Samples: Consulting Agreement (Bioheart, Inc.), Consulting Agreement (Bioheart, Inc.), Employment Agreement (Catalina Lighting Inc)

Entire Agreement; Amendment. This Agreement supersedes contains all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement terms agreed upon among the parties with respect to the subject matter hereofhereof and supersedes all prior agreements, arrangements and communications, whether oral or written with respect to such subject matter. This Neither this Agreement nor any provision hereof may not be amended, supplemented changed or modified, and no provisions hereof may be modified or waived, except waived other than by an a written instrument in writing signed by each the party heretoagainst who enforcement of any such amendment, change or waiver is sought.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Incyte Corp), Stock Purchase Agreement (MSC Industrial Direct Co Inc), Stock Purchase Agreement (MSC Industrial Direct Co Inc)

Entire Agreement; Amendment. This Agreement, along with the Purchase Agreement supersedes all prior agreementsand any other agreement executed on the date hereof between the Parties, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereof and supersedes all prior oral or written agreements, commitments or understandings with respect to such matters. This Agreement may not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each party heretothe Party against whom enforcement of any waiver, change, modification, extension or discharge is sought.

Appears in 6 contracts

Samples: Escrow Agreement (Hyperdynamics Corp), Escrow Agreement (Neomedia Technologies Inc), Escrow Agreement (Intrepid Technology & Resources, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This this Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in a writing signed by each party both parties hereto.

Appears in 6 contracts

Samples: License Agreement (Estee Lauder Companies Inc), License Agreement (Movado Group Inc), License Agreement (Stride Rite Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to the its subject matter hereofmatter. This Agreement may not be amended, supplemented or modified, is intended (with any documents referred to herein) as a complete and no provisions hereof exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Appears in 6 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Michael Kors Holdings LTD), Employment Agreement (Michael Kors Holdings LTD)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the --------------------------- entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among shall supersede all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereofthereto. This No provision of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived at any time unless such amendment, except by an instrument modification or waiver shall be agreed to in writing and signed by each party both of the parties hereto.

Appears in 5 contracts

Samples: Performance Share Award Agreement (Federal Realty Investment Trust), Restricted Share Award Agreement (Federal Realty Investment Trust), Performance Share Award Agreement (Federal Realty Investment Trust)

Entire Agreement; Amendment. This Except for other written agreements in which it is specifically referred to, this Agreement constitutes the entire agreement of the parties hereto on its subject. It supersedes all prior agreementsagreements and understandings between or among them, written oral or oralwritten, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofall of which are hereby nullified. This Except as otherwise provided in Section 10.6, this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended other than by an instrument in a writing signed by each party all parties hereto.

Appears in 5 contracts

Samples: Agreement of Limited Partnership (LyondellBasell F&F Holdco, LLC), Agreement of Limited Partnership (LyondellBasell F&F Holdco, LLC), Limited Partnership Agreement (Lyondell Refining LP, LLC)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among and the related documents and instruments called for herein comprise the entire agreements of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof except by written agreement of the parties. No provision of the aforementioned agreements may be modified or waived, except by an instrument in writing signed by each party heretowriting, and only in the specific instance and for the specific purposes for which given.

Appears in 5 contracts

Samples: Promissory Note Conversion Agreement (Gulf & Orient Steamship Company, Ltd.), Stock Purchase Agreement (Sunvalley Solar, Inc.), Stock Purchase Agreement (Sunvalley Solar, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement Agreement among the parties with respect to the subject matter hereofhereof and, unless otherwise provided herein, supersedes all prior agreements or understandings written or oral in respect thereof. This Agreement may not be amended, supplemented or modified, superseded, cancelled, renewed, or extended, and no provisions the terms or covenants hereof may be modified or waived, except waived only by an a written instrument in writing signed by each all the parties hereto, or in the case of a waiver, by the party heretowaiving compliance.

Appears in 5 contracts

Samples: Employment Agreement (TLC Vision Corp), Employment Agreement (TLC Vision Corp), Supplemental Employment Agreement (TLC Vision Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, agreements (whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement ) among the parties with respect to the subject matter hereof. This Agreement may matter, is intended as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed by each party the parties hereto.

Appears in 5 contracts

Samples: Employment Agreement (Grove Real Estate Asset Trust), Employment Agreement (Grove Real Estate Asset Trust), Employment Agreement (Grove Real Estate Asset Trust)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof hereof, and contains the entire agreement among the parties with respect supersedes all prior and contemporaneous agreements or understanding, oral and written, relative to the said subject matter hereofmatter. This Agreement may not be changed, amended, supplemented terminated, augmented, rescinded or modifieddischarged (other than by performance), and no provisions hereof may be modified in whole or waivedin part, except by an instrument in a writing signed executed by each party of the parties hereto.

Appears in 4 contracts

Samples: Employment Agreement (GST Telecommunications Inc), Employment Agreement (GST Telecommunications Inc), Employment Agreement (GST Telecommunications Inc)

Entire Agreement; Amendment. This Agreement supersedes and the instruments to be delivered by the parties pursuant hereto represent the entire understanding and agreement between the parties and supersede all prior agreementsoral and written and all contemporaneous oral negotiations, written or oral, among the parties hereto with respect to the subject matter hereof commitments and contains the entire agreement among the parties with respect to the subject matter hereof. understandings.. This Agreement may not be amended, supplemented or modified, and no provisions hereof changed, supplemented, amended or terminated, nor may any obligations hereunder be modified or waived, except by an written instrument in writing signed by each party both parties hereto.

Appears in 4 contracts

Samples: Restricted Stock Cancellation Agreement (Growlife, Inc.), Restricted Stock Cancellation Agreement (Growlife, Inc.), Restricted Stock Cancellation Agreement (Growlife, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the --------------------------- documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereof. (including any agreements between the Shareholder and the Company regarding the voting of Securities.) This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Appears in 4 contracts

Samples: Voting Agreement (Littlejohn Fund Ii L P), Voting Agreement (Littlejohn Fund Ii L P), Voting Agreement (Pameco Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among between the parties with respect to the its subject matter hereofand constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented supplemented, or modified, and no provisions hereof may be otherwise modified or waived, except by an instrument in writing signed a written agreement executed by each party the parties hereto.

Appears in 4 contracts

Samples: Transition Services Agreement (Quorum Health Corp), Transition Services Agreement (Quorum Health Corp), Transition Services Agreement (Quorum Health Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with With respect to the subject matter hereof hereof, this Agreement supersedes all previous contracts and contains understandings between the parties and constitutes the entire agreement among Agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, amended in any manner except by an instrument amendment in writing signed writing, duly executed by each party the parties hereto.

Appears in 4 contracts

Samples: Management Agreement (Senior Housing Properties Trust), Management Agreement (Five Star Quality Care Inc), Management Agreement (Five Star Quality Care Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire ----------------------------- agreement among the parties with respect to concerning the subject matter hereofof this Agreement, and it supersedes any prior oral or written agreements between the parties. A separate writing may inform the construction of the provisions of this Agreement if expressly called for by the terms of this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing a written agreement signed by each the party heretoagainst which enforcement is sought.

Appears in 3 contracts

Samples: Registration Rights Agreement (Hienergy Technologies Inc), Registration Rights Agreement (Hienergy Technologies Inc), Registration Rights Agreement (Hienergy Technologies Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to the its subject matter hereof. This Agreement may and is intended (with the documents referred to herein) as a complete and exclusive statement of the terms of the agreement between the parties with respect thereto and cannot be amended, supplemented changed or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoterminated orally.

Appears in 3 contracts

Samples: Employment Agreement (Volume Services America Holdings Inc), Employment Agreement (Volume Services America Inc), Employment Agreement (Volume Services America Holdings Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among (a) constitutes the parties entire agreement between the Parties hereto with respect to the subject matter hereof hereof; (b) supersedes and contains replaces all prior agreements, oral or written, between the entire agreement among the parties with respect Parties relating to the subject matter hereof. This Agreement ; and (c) except as otherwise indicated herein, may not be amended, supplemented or modified, and no provisions hereof may be modified amended or waived, otherwise changed in any manner except by an a written instrument in writing signed executed by each party heretothe Party against whom enforcement is sought.

Appears in 3 contracts

Samples: Data Use Agreement, Data Use Agreement, Data Use Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the full and complete agreement and understanding between the parties hereto with respect to and shall supersede all prior written and oral agreements concerning the subject matter hereof and contains the entire agreement among contained herein. Unless otherwise provided herein, this Agreement may be modified, amended or waived only by a written instrument executed by all of the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Appears in 3 contracts

Samples: Psychiatric Unit Management Services Agreement (Optimumcare Corp /De/), Psychiatric Unit Management Services Agreement (Optimumcare Corp /De/), Psychiatric Unit Management Services Agreement (Optimumcare Corp /De/)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire --------------------------- agreement among between the parties with respect to the subject matter hereofaddressed herein and all prior discussions, understandings, negotiations and agreements are merged herein. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except changed orally but only by an instrument agreement in writing signed by each party all of the parties hereto.

Appears in 3 contracts

Samples: Executive Agreement (Cornerstone Brands Inc), Executive Agreement (Cornerstone Brands Inc), Executive Agreement (Cornerstone Brands Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior agreements and undertakings, both written and oral, with respect to the subject matter hereof. This Agreement may shall not be amended, supplemented altered or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed duly executed by each party of the parties hereto.

Appears in 3 contracts

Samples: Voting Trust Agreement (Sherrill Stephen), Voting Trust Agreement (Cort Business Services Corp), Voting Trust Agreement (Cort Business Services Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect Parties as to the subject matter hereof. This Agreement may amends and restates in its entirety, the previous consulting agreement entered into by and between the parties. There are no verbal understandings, agreements, representations or warranties that are not expressly set forth herein. This Agreement shall not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument but only in writing signed by each party heretothe Parties.

Appears in 3 contracts

Samples: Consulting Agreement (Inolife Technologies, Inc.), Consulting Agreement (Inolife Technologies, Inc.), Consulting Agreement (Inolife Technologies, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among agreements (including the parties hereto with respect to the subject matter hereof and contains the entire agreement among Prior Agreement) between the parties with respect to its subject matter, except that this Agreement does not cancel or supersede the subject matter hereofPlans (or the applicable long-term incentive award agreements). This Agreement may not be amended, supplemented or modified, is intended (with any documents referred to herein) as a complete and no provisions hereof exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the documents expressly referred to herein, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersedes all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Appears in 3 contracts

Samples: Agreement to Vote and Proxy (United Meridian Corp), Agreement to Vote and Proxy (Mack Cali Realty Corp), Agreement to Vote and Proxy (United Meridian Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains comprises the entire agreement among of the parties with respect to the subject matter hereofmatters addressed herein, and supersedes all prior oral and written agreements of the parties and all discussions, correspondence or other communications with respect to such matters. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof except by written agreement of the parties. No provision of this Agreement may be modified or waived, except by an instrument in writing signed by each party heretowriting, and only in the specific instance and for the specific purposes for which given.

Appears in 3 contracts

Samples: Stock Repurchase Agreement (Barrett Business Services Inc), Stock Repurchase Agreement (Barrett Business Services Inc), Stock Repurchase Agreement (Barrett Business Services Inc)

Entire Agreement; Amendment. This Agreement supersedes contains all the terms agreed upon by the parties, and supersede any prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended only by an a written instrument in writing signed by each party heretothe parties against which enforcement of any waiver, change, modification, extension or discharge is sought.

Appears in 3 contracts

Samples: Share Escrow Agreement (Preferred Employers Holdings Inc), Share Escrow Agreement (Preferred Employers Holdings Inc), Share Escrow Agreement (Harris Mel)

Entire Agreement; Amendment. This The parties understand and expressly agree that (i) this Agreement supersedes all prior agreements, written or oral, among shall constitute the entire agreement between the parties hereto with respect relative to the subject matter hereof and contains the entire agreement among the parties with respect thus this Agreement supersedes and revokes any and all prior agreements, whether written or oral relative to the subject matter hereof, and (ii) there are no representations, warranties or agreements, either express or implied or oral or written, except as set forth herein. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except only in a writing executed by an instrument in writing signed by each party heretothe parties that specifically indicates it is amending this Agreement.

Appears in 3 contracts

Samples: Confidentiality Agreement, Confidentiality Agreement, Separation Agreement (Natures Sunshine Products Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all other prior agreements, or center contemporaneous communications between the parties (whether written or oral), among the parties hereto with respect to the subject matter hereof and contains the entire contained in this Agreement, including without limitation that certain agreement among the parties with respect to the subject matter hereof. This titled "General Services Agreement." No modification or amendment of this Agreement may not will be amended, supplemented or modified, and no provisions hereof may be modified or waived, except effective unless made in a writing executed by an instrument in writing signed by each party heretoboth parties.

Appears in 3 contracts

Samples: Internet Based Services Agreement (Improvenet Inc), Internet Based Services Agreement (Improvenet Inc), Internet Based Services Agreement (Improvenet Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to its subject matter, except that this Agreement does not cancel or supersede the subject matter hereofPlans (or the applicable long-term incentive award agreements). This Agreement may not be amended, supplemented or modified, is intended (with any documents referred to herein) as a complete and no provisions hereof exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD), Employment Agreement (Capri Holdings LTD)

Entire Agreement; Amendment. This Agreement Agreement, together with all exhibits hereto and documents referred to herein, if any, constitutes the entire understanding among the Parties hereto, and supersedes any and all prior agreements, written or oral, arrangements and understandings among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofParties hereto. This Agreement may not be amended, supplemented or modified, and no provisions hereof changed or supplemented, nor may any obligations hereunder be modified or waived, except by an instrument in a writing signed by each party heretoboth Parties or as otherwise permitted herein.

Appears in 3 contracts

Samples: Real Estate Purchase and Sale Agreement, Ground Lease Agreement, Purchase Agreement

Entire Agreement; Amendment. This Agreement supersedes all any prior agreementsagreements or understandings, written oral or oralwritten, among in respect of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofmatters herein set forth. This Except as otherwise set forth herein, this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed executed by each party heretothe Member and the Company.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Masterworks 005, LLC), Limited Liability Company Agreement (Masterworks 004, LLC), Limited Liability Company Agreement (Masterworks 003, LLC)

Entire Agreement; Amendment. This Agreement embodies the entire understanding of the parties hereto, and supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to agreements regarding the subject matter hereof. This Agreement may not be amendedNo change, supplemented alteration or modified, and no provisions modification hereof may be modified or waivedmade except in a writing, except by an instrument in writing signed by each party both of the parties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Viatel Inc), Employment Agreement (Viatel Inc), Employment Agreement (Viatel Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party all parties hereto.

Appears in 3 contracts

Samples: Lease Agreement (Marine Shuttle Operations Inc), Loan Agreement (Marine Shuttle Operations Inc), Loan Agreement (Marine Shuttle Operations Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsand the documents and information to be furnished pursuant hereto, written or oral, among the parties hereto with respect to the subject matter hereof and contains contain the entire agreement among between the parties with respect to the subject matter hereofthis transaction, and no representation, warranties or agreements have been made or, if made, have not been relied upon by either party except those specifically referred to herein. This Agreement may not only be amended, supplemented or modified, and no provisions hereof may be modified or waived, except supplemented by an written instrument in writing signed by each party the parties hereto.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Resort Investment LLC), Purchase and Sale Agreement (Resort Investment LLC), Purchase and Sale Agreement (Resort Investment LLC)

Entire Agreement; Amendment. This Agreement supersedes Amendment shall supersede any and all prior agreements, written or oral, among existing agreements between the parties hereto with respect and relating to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, further amended except by an instrument in writing a written agreement signed by each party all parties hereto.

Appears in 2 contracts

Samples: Buy Sell Agreement (Young Innovations Inc), Stock Plan Agreement (Young Innovations Inc)

Entire Agreement; Amendment. This Agreement embodies the entire understanding and agreement among the parties hereto, and supersedes all prior discussions, understandings, and agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect express or implied, relating to the subject matter hereof. There are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement may not only be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in a writing signed by each party all of the parties hereto.

Appears in 2 contracts

Samples: Stock Purchase Agreement (TCP International Holdings Ltd.), Stock Purchase Agreement (TCP International Holdings Ltd.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire -------------------------- agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party all parties hereto.

Appears in 2 contracts

Samples: Consulting Agreement (New Zmax Corp), Consulting Agreement (New Zmax Corp)

Entire Agreement; Amendment. This Except as otherwise provided in this Agreement, this Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement of the parties hereto with respect to the subject matter hereof of this Agreement and contains the entire agreement among supersedes all prior agreements and undertakings, both written and oral, between or on behalf of the parties hereto with respect to the subject matter hereofof this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument agreement in writing signed by each party both parties hereto.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Era Group Inc.), Tax Sharing Agreement (Era Group Inc.)

Entire Agreement; Amendment. This Except for the Engagement Letter, this Agreement supersedes all prior agreementsagreements and undertakings, both written or and oral, among of the parties hereto hereto, or any of them, with respect to the subject matter hereof and contains constitute the entire agreement among understanding of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended or modified except by an instrument in writing signed by each party heretoto be bound hereby.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Foster Wheeler LTD), Dealer Manager Agreement (Foster Wheeler Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the parties hereto entire agreement of the Parties with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior written and oral agreements and understandings with respect to such subject matter. Neither this Lease nor any of the subject matter hereof. This Agreement terms thereof may not be amended, supplemented supplemented, waived or modifiedmodified orally, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each party heretothe Party against which the enforcement of the amendment, supplement, waiver or modification shall be sought and no such instrument may waive the requirement that SUCH amendment, supplement, waiver or modification be in writing.

Appears in 2 contracts

Samples: Ground Lease Agreement, Economic Development Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the parties hereto entire agreement of the Parties with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior written and oral agreements and understandings with respect to such subject matter, including that certain Term Sheet dated March 5, 2024 by and among the subject matter hereofCity Parties and Owner. This Neither this Agreement nor any of the terms thereof may not be terminated, amended, supplemented supplemented, waived or modifiedmodified orally, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each party heretothe Party against which the enforcement of the termination, amendment, supplement, waiver or modification shall be sought.

Appears in 2 contracts

Samples: Grant and Development Agreement (Notes Live, Inc.), Grant and Development Agreement (Fresh Vine Wine, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among agreements between the parties hereto Parties with respect to its subject matter, including, without limitation, the subject matter hereof Prior Executive Agreement, and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may cannot be amended, supplemented changed or modified, and no provisions hereof may terminated orally. Any amendment thereof must be modified or waived, except by an instrument in writing and signed by each party heretothe Parties.

Appears in 2 contracts

Samples: Executive Compensation Agreement (PharmaCyte Biotech, Inc.), Executive Compensation Agreement (PharmaCyte Biotech, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the parties hereto entire Agreement with respect to the subject matter hereof transactions contemplated herein and contains therein, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the entire agreement among same. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties with respect unless reduced to the subject matter hereof. This Agreement may not be amended, supplemented or modified, writing and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretothem.

Appears in 2 contracts

Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreementscontains the final and entire agreement between the parties, and they shall not be bound by any terms, conditions, statements or representations, oral or written, not herein contained, or contained in a written or oral, among amendment of this Agreement executed by the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereto. This Agreement may not be amended, supplemented amended only by written agreement executed by the parties. This Agreement supersedes any and all previous or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoexisting agreements.

Appears in 2 contracts

Samples: Physician Assistant Agreement, Registered Nurse Medical Services Provider Contract

Entire Agreement; Amendment. This Agreement supersedes any and all prior agreements, oral or written or oral, among the parties hereto with respect agreements heretofore made relating to the subject matter hereof and contains constitutes the entire agreement among of the parties with respect relating to the subject matter hereof. This Agreement may not be amended, supplemented or modified, amended only by a writing executed by the Buyer and no provisions hereof may be modified or waived, except by an instrument in writing signed by each Seller then a party hereto.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Neenah Foundry Co), Securities Purchase Agreement (Neenah Foundry Co)

Entire Agreement; Amendment. This Agreement supersedes Except as provided in Section 7.8 below, this Agreement, together with all prior agreementsExhibits hereto, written or oral, among is the parties hereto Parties' entire agreement with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter hereof. This No modification to this Agreement may not will be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument binding unless in writing and signed by a duly authorized representative of each party heretoParty.

Appears in 2 contracts

Samples: Master Transaction Agreement (CBL & Associates Properties Inc), Master Transaction Agreement (CBL & Associates Properties Inc)

Entire Agreement; Amendment. This Agreement embodies the final, entire agreement among the parties hereto and supersedes any and all prior commitments, agreements, representations, and understandings, whether written or oral, among the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amendedcontradicted or varied by evidence of prior, supplemented contemporaneous or subsequent oral agreements or discussions of the parties hereto. None of the terms or provisions of this Agreement may be waived, altered, modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed by each party all the parties hereto.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Gabriel Technologies Corp), Pledge and Security Agreement (Gabriel Technologies Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among amends and restates the parties hereto with respect to the subject matter hereof Original Agreement is its entirety and contains the entire agreement among between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except changed orally but only by an instrument agreement in writing writing, signed by each the party heretoagainst whom enforcement of any waiver, change, modification or discharge is sought.

Appears in 2 contracts

Samples: Employment Agreement (Triarc Companies Inc), Employment Agreement (Triarc Companies Inc)

Entire Agreement; Amendment. This Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect regard to the subject matter hereof, superseding all prior understandings, discussions, and agreements, whether written or oral. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, revised except by an instrument in a writing signed by each party heretothe parties.

Appears in 2 contracts

Samples: Employment Agreement (Tesspay Inc.), Employment Agreement (Tesspay Inc.)

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Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among shall supersede all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereofthereto. This No provision of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived at any time unless such amendment, except by an instrument modification or waiver shall be agreed to in writing and signed by each party both of the parties hereto.

Appears in 2 contracts

Samples: Performance Share Award Agreement (Federal Realty Investment Trust), Performance Share Award Agreement (Federal Realty Investment Trust)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect Parties as to the subject matter hereof. There are no verbal understandings, agreements, representations or warranties that are not expressly set forth in those two writings. This Agreement may shall not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument but only in writing signed by each party heretothe Parties.

Appears in 2 contracts

Samples: Consulting Agreement (FISION Corp), Consulting Agreement (FISION Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among understanding of the parties with respect to the subject matter hereofhereof or thereof. This Any previous agreements among the parties relating to the specific subject matter hereof are superseded by this Agreement. Neither this Agreement nor any provision hereof (including this Section 10(c)) may not be amended, supplemented changed or modified, and no provisions hereof may be modified or waived, waived except by an a written instrument in writing signed by each the party heretoagainst whom enforcement of any such amendment, change or waiver is sought, which shall be effective only to the extent specifically set forth in such written instrument.

Appears in 2 contracts

Samples: Cooperation Agreement, Cooperation Agreement (MRC Global Inc.)

Entire Agreement; Amendment. This Agreement document contains all of the agreements between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may shall not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretowritten mutual agreement of the parties.

Appears in 2 contracts

Samples: Facility Use Agreement, Partnership Memorandum of Understanding

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire -------------------------- agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party heretothe Pooling Trustee, the Beneficiary and Cybernet.

Appears in 2 contracts

Samples: Pooling Trust Agreement (Cybernet Internet Services International Inc), Pooling Trust Agreement (Cybernet Internet Services International Inc)

Entire Agreement; Amendment. This Agreement supersedes all any prior agreements, written employment or oral, among other agreements between the parties and contains the entire Agreement of the parties. There are no terms other than those contained herein. No amendment or modification of this Agreement shall be deemed effective unless or until executed in writing by the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretosame formality attending execution of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (American Crystal Sugar Co /Mn/), Employment Agreement (American Crystal Sugar Co /Mn/)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the --------------------------- documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereof. (including any agreements between Quilvest and the Company regarding shareholder rights.) This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Appears in 2 contracts

Samples: Shareholder Agreement (Pameco Corp), Shareholder Agreement (Littlejohn Fund Ii L P)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among previous contracts and understandings between the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among Agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, amended in any manner except by an instrument amendment in writing signed writing, duly executed by each party the parties hereto.

Appears in 2 contracts

Samples: Management Agreement (Five Star Quality Care Inc), Management Agreement (Senior Housing Properties Trust)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsagreements and undertakings, both written or and oral, among of the parties hereto hereto, or any of them, with respect to the subject matter hereof and contains constitutes the entire agreement among understanding of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended or modified except by an instrument in writing signed by each party heretoto be bound hereby.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Williams Companies Inc), Dealer Manager Agreement (Anixter International Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement and the provisions hereof may not only be amended, supplemented supplemented, or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Appears in 2 contracts

Samples: Voting Agreement (Athenahealth Inc), Voting Agreement (Epocrates Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, agreements among the parties hereto with respect to its subject matter, is intended as a complete and exclusive statement of the subject matter hereof terms and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may thereto, and cannot be amended, supplemented or modified, and no provisions hereof may be modified changed or waived, terminated except by an a written instrument in writing signed executed by each the party heretoor parties against whom enforcement thereof is sought.

Appears in 2 contracts

Samples: Guaranty Security Agreement (Mok Tsan San), Stock Pledge Agreement (Mok Tsan San)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among discussions and negotiations between the parties hereto Parties with respect to the subject matter hereof of this Agreement and contains constitutes the entire agreement among between the parties Parties with respect to such subject matter. No oral statements or prior written material not specifically incorporated in this Agreement shall be of any force or effect with respect to the subject matter hereofof this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument amended unless the amendment is in writing and is signed by each party heretoboth Parties.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the other Instruments delivered in connection herewith, among embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and contains the entire supersedes any prior agreement among or under-standing between the parties with respect to the subject matter hereofof this Agreement. This Agreement may cannot be amendedamended or terminated orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in a writing signed duly executed by each party heretothe parties.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Viper Networks Inc), Asset Purchase Agreement (Viper Networks Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the entire agreement of the parties hereto with respect regard to the subject matter hereof herein, and contains the entire agreement among the parties with respect to the subject matter hereofno other covenants, representatives, inducements or promises, oral or otherwise, not embodied herein, shall be in force or effect. This Agreement may not be amended, supplemented or modified, and no nor any of its provisions hereof may be modified or waived, except by an instrument in a writing signed by each party heretoboth parties.

Appears in 2 contracts

Samples: Temporary License Agreement, Temporary License Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the parties hereto entire agreement between MODA and Owner with respect to the subject matter hereof and, from and contains after the entire agreement among date hereof, this Agreement shall supersede any other agreement, written or oral, between the parties with respect Parties relating to the subject matter hereofof this Agreement. This Except as otherwise expressly provided herein, this Agreement may not be amended, supplemented amended or modified, modified otherwise than by a written agreement executed by the Parties hereto or their respective successors and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretolegal representatives.

Appears in 1 contract

Samples: Property Management and Leasing Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, contains the entire --------------------------- agreement among the parties hereto with respect to the subject matter hereof transactions contemplated herein, supersedes all prior written agreements and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement negotiations and oral understandings, if any, and may not be amended, supplemented or modified, and no provisions hereof may be modified discharged except by performance or waived, except by an instrument in writing signed by each party all the parties hereto.

Appears in 1 contract

Samples: Registration Rights Agreement (Aviation Sales Co)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among amends and restates the Previous Agreement and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among supersedes all other agreements and understandings, oral, written and implied, between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except in a writing executed by an instrument in writing signed by each party the parties hereto.

Appears in 1 contract

Samples: Indemnification Agreement (Phoenix Footwear Group Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the --------------------------- entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among shall supersede all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereofthereto. This No provision of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.or

Appears in 1 contract

Samples: Restricted Share Award Agreement (Federal Realty Investment Trust)

Entire Agreement; Amendment. This Agreement constitutes the entire -------------------------- agreement between the Parties and supersedes all prior previous oral or written understandings, agreements, written commitment, or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to representations concerning the subject matter hereof. This Agreement may not be amended, supplemented amended or modifiedmodified in any way, and no none of its provisions hereof may be modified or waived, except by an instrument in a prior writing signed by an authorized officer of each party heretoParty.

Appears in 1 contract

Samples: Transponder Lease Agreement (Fox Family Worldwide Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire --------------------------- agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement supersedes all prior agreements, understandings, negotiations and discussions, both written and oral, among the parties with respect to the subject matter hereofhereto. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, in any way except by an a written instrument in writing signed executed by each party heretothe Company and Xxxxx.

Appears in 1 contract

Samples: Termination Agreement (Mego Financial Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among between the parties with respect to the its subject matter hereofand, together with the terms of the Lease, constitutes a complete and exclusive statement of the terms of the agreement between and among the parties. This Agreement may not be amended, supplemented supplemented, or modified, and no provisions hereof may be otherwise modified or waived, except by an instrument in writing signed a written agreement executed by each the party heretoto be charged with the amendment. Nothing herein modifies the rights of ANC as Lessor under the Lease, including as to any prior or existing breaches of the Lease.

Appears in 1 contract

Samples: Transfer and Amendment of Lease

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among understanding between the parties with respect and supersede all prior written and oral understandings relating to the subject matter hereof. This No representations, warranties, indemnities, agreements or understandings not contained herein or in the IVAR shall be valid or effective unless agreed to in writing and signed by the parties. The provisions of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed by each party all the parties hereto.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (ORBCOMM Inc.)

Entire Agreement; Amendment. This Agreement supersedes AGREEMENT (together with all prior agreements, written or oral, among Exhibits attached hereto) constitutes the full and complete agreement and understanding between the parties hereto with respect and shall supersede any and all prior written and oral agreements including but not limited to any "Agreement in Principle" concerning the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofcontained herein. This Agreement AGREEMENT may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended nor may any provision hereof be waived without a written instrument executed by an instrument in writing signed by each party heretoAMGEN and ORTHO.

Appears in 1 contract

Samples: Product License Agreement (Amgen Inc)

Entire Agreement; Amendment. This Except as provided otherwise herein, this Agreement supersedes all prior agreementsprevious communications, written representations or oralagreements between the Parties, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofwhether oral or written. This Agreement may will not be amendeddeemed modified by any terms and conditions contained in any order acknowledgments, supplemented invoices or modified, and no provisions hereof may similar documents. Any modification of this Agreement must be modified or waived, except by an instrument in writing the form of a written amendment signed by each party heretoboth Parties.

Appears in 1 contract

Samples: Sales Contracts

Entire Agreement; Amendment. This Agreement constitutes the entire --------------------------- agreement between the parties and supersedes all prior agreementsdiscussions, written or oral, among the parties hereto with respect to the subject matter hereof negotiations and contains the entire agreement among the parties with respect understanding relating to the subject matter hereof, whether written or oral. This Agreement may shall not be amended, supplemented or altered, enlarged, supplemented, abridged, modified, and no or any provisions hereof may be modified or waived, except by an instrument in a writing duly signed by each party all of the parties hereto.

Appears in 1 contract

Samples: Asset Purchase Agreement (Virtualfund Com Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among sets forth the entire understanding of the parties hereto with respect to the subject matter hereof transactions contemplated hereby. Any and contains the entire agreement all previous agreements and understandings between or among the parties with respect to regarding the subject matter hereof, whether written or oral, are superseded by this Agreement. Other than the representations and warranties set forth herein, no additional or other representation or warranties shall be applicable to the transactions contemplated by this Agreement. This Agreement may shall not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an written instrument in writing signed duly executed by each party of the parties hereto.

Appears in 1 contract

Samples: Asset Exchange Agreement (SCP Pool Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect as to the subject matter hereofsubstantive matters described herein. This Agreement may not be amendedaltered, supplemented or modified, and no provisions hereof may be modified amended or waived, revoked except by an instrument in writing signed by each the party heretoagainst whom the enforcement of any such alteration, modification, amendment or revocation is sought.

Appears in 1 contract

Samples: Master Lease Purchase Agreement (Viatel Inc)

Entire Agreement; Amendment. (A) This Agreement supersedes Agreement, and the Exhibits attached hereto, supersede all prior agreementsagreements between the parties, whether written or oral, among the parties hereto with respect to the subject matter hereof and contains are intended as a complete and exclusive statement of the entire terms of the agreement among between the parties with respect to the said subject matter hereof. matter. (B) This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended only by an instrument in writing agreement signed by each both parties and approved by the Secretary. Any modification of or amendment to this Agreement shall not be valid or binding upon either party heretountil it is approved by the Secretary.

Appears in 1 contract

Samples: Memorandum of Agreement (Public Service Co of New Mexico)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among Amendment constitutes the parties hereto entire and final agreement and understanding between the Parties with respect to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. This Agreement The Agreement, including this Amendment, may not be amended, supplemented or modified, and no provisions hereof may only be modified or waived, except supplemented by an instrument in writing signed executed by a duly authorized representative of each party heretoParty. In no event shall this Agreement, including this Amendment, be modified or amended in anyway by e-mail.

Appears in 1 contract

Samples: Master Agreement (Xo Communications Inc)

Entire Agreement; Amendment. This Agreement supersedes and the other agreements contemplated herein constitute the entire agreement among the parties hereto regarding the subject matter hereof, and supersede all prior agreements, written understandings and arrangements, expressed or oralimplied, both oral and written, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter matters hereof. This Agreement may not only be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in writing a written amendment signed by each party all of the parties hereto.

Appears in 1 contract

Samples: Stock Redemption Agreement (Pharmasystems Holdings Corp)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among of the parties, and supersedes any prior written or oral agreements between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waivedamended, except by an instrument if the amendment is made in writing and is signed by each party heretoAOI and Meriturn; and if Xxxxxx is to be bound by a modification or amendment to Sections 10, 11, 12, 13 or 15, is also signed by Xxxxxx.

Appears in 1 contract

Samples: Consulting Agreement (Alliance One International, Inc.)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereof and supersedes all prior oral or written agreements, commitments or understandings with respect to such matters. This Agreement may not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each the party heretoagainst whom enforcement of any waiver, change, modification, extension or discharge is sought.

Appears in 1 contract

Samples: Riverboat Casino Sale and Purchase Agreement (Pinnacle Entertainment Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the other instruments delivered in connection herewith, among embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and contains the entire supersedes any prior agreement among or under-standing between the parties with respect to the subject matter hereofof this Agreement. This Agreement may cannot be amendedamended or terminated orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed duly executed by each party heretothe parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Edison Renewables Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains shall constitute the entire agreement among of the parties with respect to the subject matter and supersedes all prior oral or written agreements in regard thereto. Except as otherwise provided in paragraphs 3(b), 4(a) and 7 hereof. This , this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended only by an instrument in writing signed duly executed by each party both parties hereto.

Appears in 1 contract

Samples: Custody Agreement (Stralem Fund)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to regarding the subject matter hereof and contains the entire agreement among supersedes, voids and rescinds any and all prior oral or written agreements between the parties with respect to regarding the subject matter hereof. This Agreement may not be amended, supplemented or amended nor modified, and no nor any of the provisions hereof may be modified or waived, except by an instrument in a writing signed by each party heretothe parties.

Appears in 1 contract

Samples: Purchase Agreement (American Energy Development Corp.)

Entire Agreement; Amendment. This Agreement document contains the entirety of the agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may shall not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretowritten mutual agreement of the Parties.

Appears in 1 contract

Samples: Park Facilities Use Agreement

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, agreements among the parties hereto with respect to its subject matter, and is intended (with the subject matter hereof documents referred to herein) as a complete and contains exclusive statement of the entire terms of the agreement among the parties with respect to thereto and cannot be changed or terminated except by a written instrument executed by the subject matter hereofparty or parties against whom enforcement thereof is sought. This Agreement may not be amendedshall bind and inure to the benefit of the parties hereto and their respective heirs, supplemented or modifiedexecutors, personal representatives, successors and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoassigns.

Appears in 1 contract

Samples: Acquisition Agreement (Mission West Properties/New/)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement Agreement among the parties with respect to the subject matter hereofhereof and, unless otherwise provided herein, supersedes all prior agreements or understandings written or oral in respect thereof. This Agreement may not be amended, supplemented or modified, superseded, canceled, renewed, or extended, and no provisions the terms or covenants hereof may be modified or waived, except only by an a written instrument in writing signed by each all the parties hereto, or in the case of a waiver, by the party heretowaiving compliance.

Appears in 1 contract

Samples: Information Technology Access Agreement (Aerovox Inc)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented supplemented, or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party all parties hereto.

Appears in 1 contract

Samples: Mutual Termination Agreement (Omninet International LTD)

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