Common use of Entire Agreement, Amendments and Waiver Clause in Contracts

Entire Agreement, Amendments and Waiver. and rights cumulative (a) This Agreement sets out the entire agreement and understanding between the parties with respect to the subject matter of this Agreement superseding all prior oral or written understandings other than the other Transaction Documents. (b) Subject to Clause 18, no amendment or waiver of any provision of this Agreement nor consent to any departure by any of the parties therefrom shall in any event be effective unless the same shall be in writing and signed by each of the parties hereto. In the case of a waiver or consent, such waiver or consent shall be effective only in the specific instance and as against the party or parties giving it for the specific purpose for which it is given. (c) The respective rights of each of the parties to this Agreement are cumulative and may be exercised as often as they consider appropriate. No failure on the part of any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies in this Agreement are cumulative and not exclusive of any remedies provided by law.

Entire Agreement, Amendments and Waiver. and rights cumulative (a) This Agreement sets out (including the schedules and exhibits hereto, if any) represent the entire understanding and agreement and understanding between the parties hereto with respect to the subject matter of hereof and this Agreement superseding all prior oral can be amended, supplemented or changed, and any provision hereof can be waived, only with the written understandings other than consent of the other Transaction Documents. (b) Subject to Clause 18Company and the holders of 80% of the Registrable Securities then outstanding; provided, however, that no modification, amendment or waiver shall be permitted that would adversely affect the rights of any Investor differently than any other Investor without such Investor’s express written consent. No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein. The waiver by any party hereto of a breach of any provision of this Agreement nor consent to any departure by any shall not operate or be construed as a further or continuing waiver of the parties therefrom shall in any event be effective unless the same shall be in writing and signed by each of the parties hereto. In the case of such breach or as a waiver of any other or consent, such waiver or consent shall be effective only in the specific instance and as against the party or parties giving it for the specific purpose for which it is given. (c) The respective rights of each of the parties to this Agreement are cumulative and may be exercised as often as they consider appropriatesubsequent breach. No failure on the part of any party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The All remedies in this Agreement hereunder are cumulative and are not exclusive of any other remedies provided by law.