Common use of Entire Agreement; Amendments; Waiver Clause in Contracts

Entire Agreement; Amendments; Waiver. (a) This Agreement contains the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto with respect to such subject matter. (b) No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay by any party to this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Disclosure Letters referred to herein, the Ancillary Agreements and the Confidentiality Agreement contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents intents, whether express or implied, between or among any of the parties hereto Parties with respect to such subject matter. (b) No amendment, amendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by all of the Parties. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains Agreement, and the Exhibits and Disclosure Letters referred to herein, and the Ancillary Agreements contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior and contemporaneous agreements, understandings and intents, whether express or intents implied (whether oral or written), between or among any of the parties hereto Parties with respect to such subject matter. (b) No amendment, amendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by Pxxxxxxxx and the Seller Representative. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Disclosure Letters referred to herein, the Ancillary Agreements and the Confidentiality Agreement contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior and contemporaneous agreements, understandings and intents, whether express or intents implied (whether oral or written), between or among any of the parties hereto Parties with respect to such subject matter. (b) No amendment, amendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by all of the Parties. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Schedules referred to herein, the Documents and the Confidentiality Agreement contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents intents, whether express or implied, between or among any of the parties hereto with respect to such subject matter. (b) No amendment, amendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by all of the parties hereto. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains Agreement, and the Exhibits and Disclosure Letters referred to herein, and the Ancillary Agreements contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior and contemporaneous agreements, understandings and intents, whether express or intents implied (whether oral or written), between or among any of the parties hereto Parties with respect to such subject matter. (b) No amendment, amendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by Goal and DV. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) 12.1.1 This Agreement contains (when executed and delivered), the Disclosure Schedules referred to herein, the Confidentiality Agreement, the PSA Escrow Agreement (when executed and delivered) and the H&Q Escrow Agreement (when executed and delivered) contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto Parties with respect to such subject matter. (b) 12.1.2 No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. . 12.1.3 No delay by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Annexes referred to herein and the Documents contain the entire understanding of the parties hereto Parties with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents intents, whether express or implied, between or among any of the parties hereto Parties with respect to such subject matter. (b) No amendmentamendment or modification of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by all of the Parties; provided, however, that no amendment or modification of ARTICLE II or Section 4.10 that would adversely affect, in any material respect, the rights of the Unitholders hereunder shall be permitted without the written consent of the Unitholders. No waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement Parties shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay or failure by any party to this Agreement Party in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement Party of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Schedules referred to herein, the Documents, the Confidentiality Agreement and the letter agreements between the parties dated even date herewith contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto with respect to such subject matter. (b) No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay by any party to this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains (when executed and delivered), the Transaction Documents, the Exhibits, the NNL Disclosure Schedules, the Purchaser Disclosure Schedules and the other schedules referred to herein and the Confidentiality Agreement contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto with respect to such subject matter. (b) No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement hereto shall be deemed to modify, amend or discharge any provision or term of this Agreement. . (c) No delay by any party to this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement hereto of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement, the Exhibits and Schedules referred to herein, the other agreements and documents delivered pursuant hereto and the Confidentiality Agreement contains contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto with respect to such subject matterhereto. (b) No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendmentparties hereto. Notwithstanding the foregoing, modification the Seller may, from time to time prior to or waiver is soughtat the Closing, by notice in accordance with this Agreement, supplement or amend any Schedule hereto. No course of dealing between the parties to this Agreement shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay by any party to or beneficiary of this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to or beneficiary of this Agreement of any such right or remedy shall preclude any the other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Entire Agreement; Amendments; Waiver. (a) This Agreement contains and the Exhibits and Schedules referred to herein, the Documents, the Cerberus Guaranty and the Confidentiality Agreement contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior agreements, understandings or intents between or among any of the parties hereto with respect to such subject matter. (b) No amendment, modification or waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification or waiver is sought. No course of dealing between the parties to this Agreement shall be deemed to modify, amend or discharge any provision or term of this Agreement. No delay by any party to this Agreement in the exercise of any of its rights or remedies shall operate as a waiver thereof, and no single or partial exercise by any party to this Agreement of any such right or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.