Common use of Entire Agreement; Amendments Clause in Contracts

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 180 contracts

Samples: Etf Distribution Agreement (360 Funds), Etf Distribution Agreement (Zacks Trust), Etf Distribution Agreement (Segall Bryant & Hamill Trust)

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Entire Agreement; Amendments. This Agreement constitutes states the entire agreement between of the parties hereto, and is intended to be the complete and exclusive statement of the terms hereof. It may not be added to or changed orally, and may not be modified or rescinded except by a writing signed by the parties hereto and supersedes any prior agreement, draft in accordance with the 1940 Act or proposal with respect pursuant to applicable orders or interpretations of the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtSecurities and Exchange Commission.

Appears in 81 contracts

Samples: Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought.

Appears in 69 contracts

Samples: Etf Services Agreement (iShares Ethereum Trust), Etf Services Agreement (iShares Bitcoin Trust), Etf Services Agreement (BlackRock ETF Trust)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 66 contracts

Samples: Distribution Agreement (SEI Alternative Income Fund), Distribution Agreement (Rydex Dynamic Funds), Distribution Agreement (Rydex Series Funds)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and supersedes all prior agreements and understandings, oral or written, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may not be changed or waived orally, but only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification or waiver discharge is sought.

Appears in 39 contracts

Samples: Services Agreement (ScoutCam Inc.), Executive Consulting Agreement, Advisory Consulting Agreement (Neurotrope, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, with respect to such transactions. This Agreement may not be changed, amended or any part hereof may be changed or waived modified orally, but only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification or waiver is discharge may be sought.

Appears in 35 contracts

Samples: Tender and Support Agreement (Dakota Growers Pasta Co Inc), Tender and Support Agreement (Dakota Growers Pasta Co Inc), Tender and Support Agreement (Viterra Inc /Fi)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereof, and supersedes all prior agreements, understandings, and communications between the Parties, whether oral or written, relating to the same subject matter. This No change, modification, or amendment of this Agreement shall be valid or any part hereof may binding on the Parties unless such change or modification shall be changed or waived only by an instrument in writing signed by the party Party or Parties against which enforcement of such change or waiver whom the same is soughtsought to be enforced.

Appears in 20 contracts

Samples: Services Agreement, Services Agreement (Immunovant, Inc.), Services Agreement (Immunovant, Inc.)

Entire Agreement; Amendments. This Agreement constitutes states the entire agreement between of the parties hereto, and is intended to be the complete and exclusive statement of the terms hereof. It may not be added to or changed orally, and may not be modified or rescinded, except by a writing signed by the parties hereto and supersedes any prior agreement, draft in accordance with the 1940 Act or proposal with respect pursuant to applicable orders or interpretations of the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtSecurities and Exchange Commission.

Appears in 17 contracts

Samples: Investment Sub Advisory Agreement (DWS Investments Vit Funds), Investment Sub Advisory Agreement (DWS Equity 500 Index Portfolio), Investment Sub Advisory Agreement (Scudder Equity 500 Index Portfolio)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may not be changed or waived orally, but only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification or waiver discharge is sought.

Appears in 16 contracts

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

Entire Agreement; Amendments. This Agreement constitutes Agreement, including any applicable SOW, represents the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect in relation to the subject matter hereofcontained herein and supersedes all previous other agreements and representations, whether oral or written. This Agreement or any part hereof may be changed or waived modified only by an instrument if such modification is in writing and signed by the party against which enforcement a duly authorized representative of such change or waiver is soughteach party.

Appears in 15 contracts

Samples: Consulting Agreement (Harrow Health, Inc.), Consulting Agreement (Harrow Health, Inc.), Consulting Agreement (Harrow Health, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement supersedes all prior discussions and agreements between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof (including without limitation any letters of intent executed by the parties), and this Agreement contains the sole and entire agreement between the parties with respect to the matters covered hereby. This Agreement shall not be altered or any part hereof may be changed or waived only amended except by an instrument in writing signed by or on behalf of the party against which whom enforcement of such change or waiver is sought.

Appears in 14 contracts

Samples: Merger Agreement (Integrated Electrical Services Inc), Asset Purchase Agreement (Integrated Electrical Services Inc), Asset Purchase Agreement (Integrated Electrical Services Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement supersedes any prior agreements or understandings, oral or written, between the parties hereto and supersedes any prior agreement, draft or proposal represents their entire understanding and agreement with respect to the subject matter hereof. This Agreement can be amended, supplemented or changed, and any part provision hereof may can be changed or waived waived, only by an written instrument in writing signed making specific reference to this Agreement which is executed by the both parties to this Agreement. Any waiver of any breach of this Agreement shall not be construed to be a continuing waiver or consent to any subsequent breach by any party against which enforcement of such change or waiver is soughthereto.

Appears in 13 contracts

Samples: Employment Agreement (Usio, Inc.), Employment Agreement (Payment Data Systems Inc), Employment Agreement (Payment Data Systems Inc)

Entire Agreement; Amendments. This Agreement, together with other writings signed by the parties hereto expressly stated to be supplementing this Agreement and together with any instruments to be executed and delivered pursuant to this Agreement, constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be amended, modified or changed or waived only by an instrument in a writing signed by the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 12 contracts

Samples: Management Agreement (ESH Hospitality, Inc.), Management Agreement (ESH Hospitality, Inc.), Management Agreement (Extended Stay America, Inc.)

Entire Agreement; Amendments. This Agreement constitutes agreement contains the entire agreement and understanding between the parties hereto and supersedes supercedes an preempts any prior agreementunderstanding or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This Agreement or any part hereof The provisions of this agreement may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement of such change or waiver is soughtprior written consent and the Consultant.

Appears in 11 contracts

Samples: Consulting Agreement (Global Holdings Inc), Consulting Agreement (Global Holdings Inc), Consulting Agreement (Global Holdings Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement Agreement between the parties hereto Parties and supersedes any all prior agreementagreements, draft understandings, and arrangements, oral or proposal written, between the Parties with respect to the subject matter hereof. This Agreement may not be modified or any part hereof may be changed or waived only amended except by an instrument or instruments in writing signed by the party Party against which whom enforcement of any such change modification or waiver amendment is sought.

Appears in 11 contracts

Samples: Prepaid Card Issuer & Program Management Agreement (Payment Data Systems Inc), Card Program Management Agreement (NetSpend Holdings, Inc.), Card Program Management Agreement (NetSpend Holdings, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any prior agreementor contemporaneous agreements or undertakings, draft whether written or proposal oral, between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended or any part hereof may be changed or waived only modified except by an instrument in writing signed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 10 contracts

Samples: Contribution and Exchange Agreement (Penn Virginia Corp), Redemption Agreement (Victory Park Capital Advisors, LLC), Redemption Agreement (Victory Park Capital Advisors, LLC)

Entire Agreement; Amendments. This Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between the parties hereto respecting the subject matter hereof and supersedes any prior agreement, draft or proposal with respect agreements respecting severance benefits upon a Change in Control. No amendment to the subject matter hereof. This this Agreement or any part hereof may shall be changed or waived only by an instrument deemed valid unless in writing and signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Illumina, Inc.), Change in Control Severance Agreement (Illumina Inc), Change in Control Severance Agreement (Illumina Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft draft, or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change said amendment or waiver is sought.

Appears in 8 contracts

Samples: Distribution Services Agreement (Advisors' Inner Circle Fund), Distribution Services Agreement (Advisors' Inner Circle Fund), Distribution Services Agreement (Advisors' Inner Circle Fund)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all other communications, whether written or oral. This Agreement or any part hereof may be changed modified or waived amended only by an instrument in a writing signed by the party against which whom enforcement of such change or waiver is sought.

Appears in 6 contracts

Samples: Consulting Agreement (Integral Technologies Inc), Consulting Agreement (Integral Technologies Inc), Consulting Agreement (Integral Technologies Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, including the Administration Agreement between the Company and the Administrator dated December 23, 2002. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 6 contracts

Samples: Administration Agreement (PNC Alternative Strategies Fund LLC), Administration Agreement (PNC Absolute Return Fund LLC), Administration Agreement (PNC Long-Short Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereoftransactions contemplated herein and, except for the Purchase Agreement, and documents delivered pursuant thereto, supersede all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. This No amendment, modification or discharge of this Agreement shall be valid or any part hereof may be changed or waived only by an instrument binding unless set forth in writing signed and duly executed and delivered by the party against which whom enforcement of such change the amendment, modification, or waiver discharge is sought.

Appears in 6 contracts

Samples: Time Brokerage Agreement (Hispanic Broadcasting Corp), Time Brokerage Agreement (Hispanic Broadcasting Corp), Time Brokerage Agreement (Big City Radio Inc)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof matters contained herein, and may be changed amended, modified or waived only by an instrument in a separate writing signed executed by the party against which enforcement Receiving Party and the Company expressly so amending, modifying or waiving this Agreement. This Agreement shall inure to the benefit of such change or waiver is soughtand be binding upon the parties and their respective successors and assigns.

Appears in 6 contracts

Samples: Confidentiality Agreement (N. Harris Computer Corp), Confidentiality Agreement (Talbots Inc), Confidentiality Agreement (TLB Merger Sub Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived amended only by an instrument in writing signed if such amendment is approved by the party against which enforcement vote of such change or waiver is soughta majority of the Directors of the Company.

Appears in 5 contracts

Samples: Dealer Manager Agreement (KKR Infrastructure Conglomerate LLC), Dealer Manager Agreement (KKR Private Equity Conglomerate LLC), Dealer Manager Agreement (KKR Private Equity Conglomerate LLC)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any all prior agreementand contemporaneous agreements and understandings, draft oral or proposal written, with respect to the subject matter hereof. This Agreement may not be changed, amended or any part hereof modified orally, but may be changed or waived change only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification or waiver is discharge may be sought.

Appears in 5 contracts

Samples: Change of Control Agreement (Central Jersey Bancorp), Change of Control Agreement (Central Jersey Bancorp), Change of Control Agreement (Central Jersey Bancorp)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof covered hereby and may be changed amended, waived or waived terminated only by an instrument in writing signed by the parties hereto. This Agreement shall be interpreted according to its fair meaning and not for or against the party against which enforcement of such change or waiver is soughtdrafted same.

Appears in 5 contracts

Samples: Employment Agreement (Prospect Acquisition Corp), Employment Agreement (Prospect Acquisition Corp), Employment Agreement (Prospect Acquisition Corp)

Entire Agreement; Amendments. This Agreement, together with the Merger Agreement constitutes and the other documents referred to therein, contains the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, with respect to such transactions. This The terms of this Agreement or any part hereof may be changed amended, modified or waived only by an instrument agreement in writing signed by the party against which enforcement of whom such change amendment, modification or waiver is soughtsought to be enforced.

Appears in 5 contracts

Samples: Merger Agreement (Yesmail Com Inc), Stock Option Agreement (Adforce Inc), Stock Option Agreement (Prodigy Communications Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and the specific Funds identified herein. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 5 contracts

Samples: Sub Administration Agreement (Mercantile Long-Short Manager Fund for Tax-Exempt/Deferred Investors (TEDI) LLC), Sub Administration Agreement (Mercantile Absolute Return Fund for Tax-Exempt/Deferred Investors (TEDI) LLC), Sub Administration Agreement (Mercantile Alternative Strategies Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereofhereof and thereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Except as expressly provided herein, neither this Agreement or nor any part term hereof may be changed amended except pursuant to a written instrument executed by the Company and each Investor. Any waiver or waived only consent given by an instrument a party shall be in writing signed by and shall be effective only in the party against specific instance and for the specific purpose for which enforcement of such change or waiver is soughtgiven.

Appears in 4 contracts

Samples: Waiver and Amendment Agreement (Integral Vision Inc), Amendment Agreement (Integral Vision Inc), Amendment Agreement (Integral Vision Inc)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect in regard to the subject matter hereof. This Agreement or any part hereof , and may not be changed or waived orally but only by an instrument in writing a written document signed by the party against which whom enforcement of such change waiver, change, modification, extension or waiver discharge is sought.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Stan Lee Media Inc), Sublease Agreement (Stan Lee Media Inc), Assets Purchase and Sale Agreement (Ustel Inc)

Entire Agreement; Amendments. This Agreement constitutes states the entire agreement contract between the parties hereto and supersedes any prior agreement, draft or proposal with in respect to the subject matter hereofof this Agreement and supersedes any oral or written proposals, statements, discussions, negotiations or other agreements prior to or contemporaneous with this Agreement. This Agreement or any part hereof may be changed or waived modified only by an instrument in mutual agreement of the parties; provided, however, that before any modification shall be operative or valid, it shall be reduced to writing and signed by the both parties. All rights of a party against which enforcement of such change or waiver is soughtare cumulative and not exclusive, unless otherwise explicitly stated herein.

Appears in 4 contracts

Samples: Membership Agreement, Annual Practice Membership Agreement, Fellow Membership Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the such subject matter hereofmatter. This Agreement or any part hereof may not be changed or waived only amended except by an instrument in writing signed by each of the parties hereto. No assignment by either party against which enforcement shall be of such change or waiver is soughtany force except with the prior written consent of the other party.

Appears in 4 contracts

Samples: Expense Reimbursement, Fee Waiver and Recovery Agreement (First Trust Variable Insurance Trust), Expense Reimbursement, Fee Waiver and Recovery Agreement (First Trust Variable Insurance Trust), Expense Reimbursement, Fee Waiver and Recovery Agreement (First Trust Variable Insurance Trust)

Entire Agreement; Amendments. This Agreement constitutes embodies the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior agreements and understandings, oral or written, with respect thereof. This Agreement or any part hereof may be changed or waived only by an instrument agreement in writing signed by the party against which enforcement whom any waiver, change, amendment, modification or discharge may be sought and in the case of such change the Company only upon the approval of a majority of the Board of Directors (or waiver is soughtan appropriate committee thereof).

Appears in 4 contracts

Samples: Standstill Agreement (Cascade Investment LLC), Standstill Agreement (Otter Tail Corp), Standstill Agreement (Cascade Investment LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereofmatter. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 4 contracts

Samples: Distribution Agreement (Nomura Partners Funds, Inc.), Distribution Agreement (Nomura Partners Funds, Inc.), Distribution Agreement (Nomura Partners Funds, Inc.)

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement between the parties hereto respecting the subject matter hereof and supersedes any all prior agreementagreements, draft or proposal with respect to negotiations, understandings, representations and statements respecting the subject matter hereof, whether written or oral. This No modification, alteration, or change in any of the terms of this Agreement shall be valid or any part hereof may be changed or waived only by an instrument binding upon the parties hereto unless made in writing signed and duly executed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 4 contracts

Samples: Revenue Sharing Agreement (VirnetX Holding Corp), Revenue Sharing Agreement (VirnetX Holding Corp), Gabriel License Agreement (VirnetX Holding Corp)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between understanding of the parties hereto Parties with respect to the subject matter hereof and supersedes any prior agreementall previous understandings, draft written or proposal oral with respect to the subject matter hereof. This Agreement may only be amended or any part provision hereof may be changed or waived only by an instrument in a writing signed by the party Party against which enforcement of whom such change amendment or waiver is soughtto be enforced, and no oral amendment or waiver shall be effective.

Appears in 4 contracts

Samples: Share Purchase Agreement (Ansonia Holdings B.V.), Share Purchase Agreement (Ansonia Holdings B.V.), Share Purchase Agreement (Ansonia Holdings B.V.)

Entire Agreement; Amendments. This Agreement constitutes (including the exhibits, schedules and other documents referred to herein) contains the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which whom enforcement of such change any waiver, change, modification or waiver discharge is sought.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.), Software Development and License Agreement (Stan Lee Media Inc), Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.)

Entire Agreement; Amendments. This Agreement Agreement, along with the License Agreement, constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect pertaining to the subject matter hereofhereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. This No supplement, modification, amendment or waiver of this Agreement or any part hereof may shall be changed or waived only by an instrument binding unless executed in writing signed by the party against which enforcement of such change or waiver is soughtto be bound thereby.

Appears in 3 contracts

Samples: Sponsored Research Agreement (Arrayit Diagnostics, Inc.), Sponsored Research Agreement (Arrayit Corp), Sponsored Research Agreement (Arrayit Corp)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofmatters contained herein and supersedes all prior written or oral agreements or understandings in respect thereof. This Agreement No change, modification, or waiver of any part hereof may provision shall be changed or waived only by an instrument valid unless in writing and signed by the party against which enforcement of such change or waiver is soughtboth parties.

Appears in 3 contracts

Samples: Employment Agreement (Attune RTD), Employment Agreement (Attune RTD), Employment Agreement (Barking Applications Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement hereof and may not be modified or any part hereof may be changed or waived only by an instrument amended except in a writing signed executed by the party against which whom enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Calton Inc), Stock Purchase Agreement (Calton Inc), Stock Purchase Agreement (Caldarone Anthony J)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and supersedes all prior agreements and understandings, oral or written, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may not be changed or waived orally, but only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification, or waiver discharge is sought.

Appears in 3 contracts

Samples: Consulting Agreement (Nevada Canyon Gold Corp.), Consulting Agreement (Nevada Canyon Gold Corp.), Consulting Agreement (Nevada Canyon Gold Corp.)

Entire Agreement; Amendments. This Agreement constitutes contains the full and entire understanding and agreement between the parties hereto and supersedes and preempts any prior agreementunderstandings or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and General.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Iat Multimedia Inc), Marketing Agreement (Iat Multimedia Inc), Marketing Agreement (Interactive Magic Inc /Md/)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between and supersedes all other oral or written agreements among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofmatters covered hereby and thereby. This Agreement or any part and the terms hereof may only be changed modified, amended, supplemented or waived only by an instrument in writing signed by the party against which enforcement written agreement of such change or waiver is soughtall parties hereto. This Agreement shall constitute a Loan Document.

Appears in 3 contracts

Samples: Support Agreement (International Textile Group Inc), Support Agreement (International Textile Group Inc), Support Agreement (International Textile Group Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement sets out all terms agreed between the parties hereto and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any prior agreementright or remedy based on, draft any statement, representation or proposal with respect to the subject matter hereofwarranty (whether made negligently or innocently), except those expressly set out in this Agreement. This Agreement or any part hereof may Any amendment must be changed or waived only in writing, signed (including by an instrument in writing signed electronic signature) by the party against which enforcement of such change or waiver both parties, and expressly state that it is soughtamending this Agreement.

Appears in 3 contracts

Samples: Google Services Agreement (IAC Inc.), Google Services Agreement (IAC/InterActiveCorp), Google Services Agreement (Iac/Interactivecorp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes any and all prior or contemporaneous agreements or understandings between the parties with respect thereto, whether written or oral. This In addition, any amendment or modification of this Agreement will only be effective or any part hereof may be changed or waived only binding unless reduced to writing and executed by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtboth parties hereto.

Appears in 3 contracts

Samples: Consulting Agreement (Medical Alarm Concepts Holdings Inc), Consulting Agreement (Cur Media, Inc.), Consulting Agreement (Cur Media, Inc.)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement hereof and can be amended, supplemented or changed, and any part provision hereof may can be changed or waived waived, only by an written instrument in writing making specific reference to this Agreement signed by all of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Futureit, Inc.), Option Agreement (Futureit, Inc.)

Entire Agreement; Amendments. This Agreement constitutes ---------------------------- the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: Administration Agreement (Aetos Distressed Investment Strategies Fund LLC), Administration Agreement (Aetos Long Short Strategies Fund LLC), Administration Agreement (Aetos Market Neutral Strategies Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes the ---------------------------- entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: Administration Agreement (Uam Funds Inc), Administration Agreement (Uam Funds Inc Ii/), Administration Agreement (Uam Funds Trust)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between of the parties hereto hereto, and supersedes any prior agreement, draft or proposal other agreements among the parties with respect to the subject matter hereof. This The terms and provisions of this Agreement may not be modified or amended, or any part of the provisions hereof may be changed or waived only by an instrument in writing signed by waived, except pursuant to the party against which enforcement written consent of such change or waiver is soughtthe Company and holders of a majority of the Registrable Securities.

Appears in 3 contracts

Samples: Registration Rights Agreement (Rackspace Inc), Registration Rights Agreement (Rackspace Inc), Registration Rights Agreement (Rackspace Com Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofReinsured Claims and there are no understandings between the parties other than as expressed in this Agreement. This Any amendment, change or modification to this Agreement or any part hereof may shall be changed or waived only null and void unless the same is made by an instrument in writing a written amendment to this Agreement signed by the party against which enforcement of such change or waiver is soughtboth parties hereto.

Appears in 3 contracts

Samples: Reinsurance Agreement (Delphi International LTD), Reinsurance Agreement (Delphi International LTD), Reinsurance Agreement (Delphi Financial Group Inc/De)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between understanding of the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereofmatters covered hereby and thereby. This Agreement or any part hereof may be changed or waived amended only by an instrument agreement in writing signed executed by the party against which enforcement Parties hereto. The Parties hereto may amend this Agreement without notice to or the consent of such change any third party, including any Affiliate or waiver is soughtAssociate of the Stockholder.

Appears in 3 contracts

Samples: Standstill Agreement (Ammo, Inc.), Standstill Agreement, Standstill Agreement (Autobytel Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought, and may only be changed by mutual written agreement of the parties.

Appears in 3 contracts

Samples: Administration Agreement (Goldman Sachs Hedge Fund Partners LLC), Administration Agreement (Goldman Sachs Hedge Fund Partners Registered Master Fund, LLC), Administration Agreement (Goldman Sachs Hedge Fund Partners Registered Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes is the entire agreement between the parties hereto regarding this subject matter and supersedes any all prior agreement, draft or proposal with respect to the subject matter hereofagreements and understandings related hereto. This Agreement can only be amended or any part hereof may be changed or waived only by an instrument modified in a writing signed by the party against which enforcement of such change both parties, including any rescheduling or waiver is soughtcancellations.

Appears in 2 contracts

Samples: Photography Agreement, Photography Services Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereof, and supersedes all prior agreements, understandings, and communications between the Parties, whether oral or written, relating to the same subject matter. This No change, waiver, modification, or amendment of this Agreement will be valid or any part hereof may be changed binding on the Parties unless such change, waiver, modification or waived only by an instrument amendment is in a writing signed by an authorized representative of the party Party or Parties against which enforcement of such change or waiver whom the same is soughtsought to be enforced.

Appears in 2 contracts

Samples: Right of First Negotiation and Board Observer Agreement, Right of First Negotiation and Board Observer Agreement (Myovant Sciences Ltd.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto Parties and supersedes any prior agreementall previous or contemporaneous agreements and understandings, draft whether oral or proposal written, express or implied, with respect to the subject matter hereofmatters stated herein. To the extent of any conflict between this Agreement and any other agreement to protect Confidential Information, the terms of this Agreement shall control. This Agreement or any part hereof may be changed or waived amended only by an instrument agreement in writing signed by the party against which enforcement Employee and an officer of such change or waiver is soughtFTSI.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (FTS International, Inc.), Restricted Stock Unit Agreement (FTS International, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstandings or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and the Consultant.

Appears in 2 contracts

Samples: Consulting Agreement (Fortress Financial Group, Inc. / WY), Consulting Agreement (Afp Imaging Corp)

Entire Agreement; Amendments. This Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between the parties hereto respecting the subject matter hereof and supersedes any prior agreementagreements respecting severance benefits upon a Change in Control, draft or proposal with respect including the Change in Control Agreement. No amendment to the subject matter hereof. This this Agreement or any part hereof may shall be changed or waived only by an instrument deemed valid unless in writing and signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Illumina Inc), Change in Control Severance Agreement (Illumina Inc)

Entire Agreement; Amendments. This Agreement (including the Employment Agreement referred to herein) constitutes the entire agreement between among the parties hereto and supersedes any prior agreementunderstandings, draft agreements, or proposal with respect representations by or among the parties, written or oral, that may have related in any way to the subject matter hereof. This Agreement may not be amended, supplemented or any modified in whole or in part hereof may be changed or waived only except by an instrument in writing signed by the party or parties against which whom enforcement of any such change amendment, supplement or waiver modification is sought.

Appears in 2 contracts

Samples: Stock Option Agreement (Aviation Sales Co), Stock Option Agreement (Timco Aviation Services Inc)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstanding or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and the Consultant.

Appears in 2 contracts

Samples: Consulting Agreement (Regent Group Inc /De), Consulting Agreement (NMC Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto Parties with respect to the subject matter hereof and supersedes any prior agreementnegotiations, draft understandings or proposal with respect to agreements, whether oral or in writing, concerning the subject matter hereof. This Agreement or any part hereof may not be modified, changed or waived only amended except by an instrument in writing signed duly executed by the party against which enforcement of such change or waiver is soughtParties hereto.

Appears in 2 contracts

Samples: Co Marketing, Manufacture and Supply Agreement (Athenex, Inc.), Manufacture and Supply Agreement (Athenex, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement may not be amended or any part hereof may be changed or waived only by an instrument except in writing signed by and shall be binding upon and shall inure to the party against which enforcement benefit of such change or waiver is soughtthe parties hereto and their respective successors.

Appears in 2 contracts

Samples: Distribution Agreement (Apollo S3 Private Markets Fund), Distribution Agreement (JPMorgan Private Markets Fund)

Entire Agreement; Amendments. This Agreement constitutes is intended by the entire parties hereto as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein or therein. This Agreement supersedes all prior agreements and understandings between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the such subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtmatter.

Appears in 2 contracts

Samples: Shareholder Agreement (Lime Energy Co.), Shareholder and Investor Rights Agreement (Lime Energy Co.)

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Entire Agreement; Amendments. This Agreement constitutes and any other agreement or document executed or delivered pursuant hereto, or in connection or arising with the Advances or transactions contemplated by this Agreement, embody the entire agreement and understanding between the parties hereto hereto, supersede all prior agreements and supersedes any prior agreement, draft or proposal with respect understandings relating to the subject matter hereof. This Agreement , and may not be modified or any part hereof may be changed or waived only by an instrument varied except in a writing signed by the party against which enforcement of such change or waiver is soughtLender and each Debtor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Asta Funding Inc), Loan and Security Agreement (Asta Funding Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofof this Agreement. This Agreement or any part supersedes all prior agreements and understandings, both oral and written, between the parties with respect to the subject matter hereof of this Agreement. Any provision of this Agreement may be changed amended or waived if, but only by an instrument if, such amendment or waiver is in writing signed and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against which enforcement of such change or whom the waiver is soughtto be effective.

Appears in 2 contracts

Samples: Stock Repurchase and Cancellation Agreement (Nemus Bioscience, Inc.), Stock Repurchase Agreement (Empowered Products, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement sets out all terms agreed between the parties hereto and supersedes all other agreements between the parties relating to its subject matter. [*]. In entering into this Agreement, neither party has relied on, and neither party will have any prior agreementright or remedy based on, draft any statement, representation or proposal with respect to the subject matter hereofwarranty (whether made negligently or innocently), except those expressly set out in this Agreement. This Agreement or any part hereof may Any amendment must be changed or waived only in writing, signed (including by an instrument in writing signed electronic signature) by the party against which enforcement of such change or waiver both parties, and expressly state that it is soughtamending this Agreement.

Appears in 2 contracts

Samples: Google Services Agreement, Google Services Agreement (Yahoo Inc)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstanding or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and Val.

Appears in 2 contracts

Samples: Consulting Agreement (Exus Networks Inc), Consulting Agreement (New Life Scientific, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto and supersedes any prior agreementthere are no agreements, draft representations or proposal with respect to the subject matter hereofwarranties which are not set forth herein. This Agreement or any part hereof may not be changed amended, revised, terminated or waived only except by an instrument in writing signed and delivered by each of the party against which enforcement of such change or waiver is soughtparties to this Agreement.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (MedMen Enterprises, Inc.), Membership Interest Purchase Agreement (MedMen Enterprises, Inc.)

Entire Agreement; Amendments. This Agreement constitutes is intended as the entire agreement between complete, final and exclusive statement of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties hereto. This Agreement or any part hereof may be changed amended, modified or waived supplemented only by an instrument a written agreement signed by VENDOR and UNIVERSITY. Any waiver of the terms and conditions of this Agreement must be in writing signed by the party against which enforcement of granting such change waiver and shall not operate as a waiver of, or waiver is soughtestoppel with respect to, any subsequent or other failure to perform.

Appears in 2 contracts

Samples: Confidentiality and Non Disclosure Agreement, Confidentiality and Non Disclosure Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement may not be amended or any part hereof modified orally but may be changed amended or waived modified only in writing, signed by an instrument all parties hereto. No amendment or waiver of provision of this Agreement shall in writing any event be effective unless it is in writing, making specific reference to this Agreement and signed by the party against which enforcement of whom such change or waiver is soughtsought to be enforced.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (Hudson Technologies Inc /Ny), Subordination and Intercreditor Agreement (Hudson Technologies Inc /Ny)

Entire Agreement; Amendments. This The Parties hereto acknowledge and agree that this Agreement constitutes represents the entire full and complete agreement between of the parties hereto Parties regarding the subject matter of this Agreement and supersedes any all prior agreementagreements and understandings, draft or proposal with respect if any, relating to the subject matter hereofof this Agreement. This Any amendments or modifications of this Agreement or any part hereof may must be changed or waived only by an instrument in writing signed and executed by the party against which enforcement of such change or waiver is soughtParties to be effective.

Appears in 2 contracts

Samples: Forbearance Settlement Agreement, Forbearance Settlement Agreement

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofmatters contained herein and supersedes all prior agreements or understandings. This No modification, alteration, amendment or supplement of this Agreement shall be valid unless the modification, alteration, amendment or any part hereof may be changed or waived only by an instrument supplement is in writing and is signed by the party against which enforcement of such change or waiver is soughtall parties to this Agreement.

Appears in 2 contracts

Samples: Adss Purchase Contract (Anz Exchangeable Preferred Trust), Adss Purchase Contract (Nab Exchangeable Preferred Trust)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between is intended by the parties hereto as a final expression of their agreement and understanding and exclusive statement of the terms hereof and supersedes any and all prior agreementand contemporaneous agreements and understandings relating thereto. No waiver, draft modification, change or proposal with respect to amendment of any of the subject matter hereof. This provisions of this Agreement or any part hereof may shall be changed or waived only by an instrument valid unless in writing and signed by the party against which enforcement of whom such claimed waiver, modification, change or waiver amendment is soughtsought to be enforced.

Appears in 2 contracts

Samples: Management Services Agreement (Manufacturers Marketing Group Inc), Management Services Agreement (Prima East West Model Management Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof.

Appears in 2 contracts

Samples: Co Administration Agreement (Armada Funds), Co Administration Agreement (Armada Funds)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter transactions contemplated hereby, and supersedes all negotiations, representations, warranties, commitments, offers, contracts, and writings prior to the date hereof. This No waiver and no modification or amendment of any provision of this Agreement or any part hereof may shall be changed or waived only by an instrument effective unless specifically made in writing and duly signed by the party against which enforcement of such change or waiver is soughtparties to this Agreement bound thereby.

Appears in 2 contracts

Samples: Contribution Agreement (Invisa Inc), Contribution Agreement (Invisa Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived amended only by an instrument in writing signed if such amendment is approved by the party against which enforcement vote of such change or waiver is soughta majority of the Directors.

Appears in 2 contracts

Samples: Dealer Manager Agreement (EQT Infrastructure Co LLC), Dealer Manager Agreement (EQT Private Equity Co LLC)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstandings or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Corporation and the Consultant.

Appears in 2 contracts

Samples: Consulting Agreement (Elko Ventures Inc.), Consulting Agreement (Elko Ventures Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto concerning Taxes of the parties and their Subsidiaries hereto, including the sharing, payment of and indemnification with respect to, such Taxes, and supersedes any all prior agreementagreements, draft whether or proposal with respect to the not written, concerning such subject matter hereofmatter. This Agreement or any part hereof may not be changed or waived only amended except by an instrument agreement in writing writing, signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 2 contracts

Samples: Tax Disaffiliation Agreement (Octel Corp), Tax Disaffiliation Agreement (Octel Corp)

Entire Agreement; Amendments. This Agreement constitutes contains the ----------------------------- entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstandings or agreements, draft whether written or proposal with respect to the subject matter hereoforal, except where specifically identified. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Client and the Consultant.

Appears in 2 contracts

Samples: Consulting Agreement (Netcommerce Inc), Consulting Agreement (Netcommerce Inc)

Entire Agreement; Amendments. This Agreement constitutes and the Letter Agreement contain the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofof this Agreement and supersede all other prior agreements, understandings, statements, representations and warranties, oral or written, express or implied, between the parties hereto and their respective affiliates, representatives and agents in respect of the subject matter of this Agreement. This Agreement or any part provision hereof may be changed waived, altered or waived amended only by an instrument in writing signed duly executed by the party against which enforcement of such change or waiver is soughtSellers and the Purchaser.

Appears in 2 contracts

Samples: Stock Repurchase Agreement (Navient Corp), Stock Repurchase Agreement (Canyon Capital Advisors LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought. THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS DISTRIBUTION CO.

Appears in 2 contracts

Samples: Distribution Agreement (KP Funds), Distribution Agreement (KP Funds)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties Parties hereto and supersedes any prior agreement, draft or proposal with respect relating to the subject matter hereofEasement and sets forth the rights, duties and obligations of each to the other as of this date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. This Agreement may not be modified or any part hereof may be changed or waived only amended, except by an instrument in a writing signed executed by the party against which enforcement of such change or waiver is soughtboth Parties.

Appears in 1 contract

Samples: Vehicle Access Easement Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement by and between the parties hereto and supersedes any prior agreement, draft or proposal with respect relating to the subject matter hereof, and supersedes and takes precedence over all prior agreements and understandings by and between the parties hereto relating to the sale of the Purchased Interests. This Agreement or any part hereof may not be changed or waived only by an instrument terminated orally and shall be effective as of the date hereof. No amendment or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the party against which enforcement of whom such change amendment or waiver is soughtto be enforced.

Appears in 1 contract

Samples: Membership Purchase Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal contains all of the agreements among the parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreements or any part hereof may understandings, either oral or written, among the parties hereto with respect to the subject matter hereof. No change or modification of this Agreement shall be changed or waived only by an instrument valid unless the same shall be in writing and signed by the party against which enforcement Shareholder and the Company. No waiver of such change or waiver any provision of this Agreement shall be valid unless it is soughtin writing.

Appears in 1 contract

Samples: Stock Option Agreement (Apac Customer Service Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof and supersedes all prior written and oral agreements with respect thereto, and may be changed waived, changed, discharged or waived terminated only by an instrument in writing signed by the party against which whom enforcement of such change any waiver, change, discharge or waiver termination is sought.

Appears in 1 contract

Samples: Stock Transfer and Shareholders Agreement (Trigen Energy Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought.. SEI – 147992v2

Appears in 1 contract

Samples: Distribution Agreement (Highland Funds I)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This hereof and neither this Agreement or nor any part provision hereof may be changed waived, modified, amended or waived only terminated except by an a writing duly executed by all of the parties whose interests are affected thereby. To the extent any term or other provision of any other indenture, agreement or instrument in writing signed by the which any party against which enforcement of hereto is bound conflicts with this Agreement, this Agreement shall have precedence over such change conflicting term or waiver is soughtprovision.

Appears in 1 contract

Samples: Recapitalization Agreement (Dollar Tree Stores Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought.. SEI 96634v2 (Rev. 6/2009)

Appears in 1 contract

Samples: Distribution Agreement (Riverpark Funds Trust)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement into which all prior negotiations and agreements are merged between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement ; and it can be amended, supplemented or changed, or any part provision hereof may can be changed or waived waived, only by an a written instrument in writing making specific reference to this License signed by the party against which whom enforcement of any such change amendment, supplement, modification or waiver is sought.

Appears in 1 contract

Samples: Trademark License Agreement (Golden Bear Golf Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, superseding any and all prior negotiations, discussions, agreements and understandings, whether oral or written, relating to such subject matter. This Agreement or any part hereof may not be amended and no rights hereunder may be changed or waived only except by an instrument in writing a written document signed by the party against which enforcement of to be charged with such change amendment or waiver is soughtwaiver.

Appears in 1 contract

Samples: Loaner Vehicle Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereofhereof and supersede all other communications, whether written or oral. This Agreement or any part hereof may be changed modified or waived amended only by an instrument in a writing signed by the party Party against which whom enforcement of such change or waiver is sought.

Appears in 1 contract

Samples: Consulting Agreement (Integral Technologies Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes and cancels any prior agreementagreements, draft representations, warranties, or proposal with respect communications, whether oral or written, among the parties hereto relating to the transactions contemplated hereby or the subject matter hereofherein. This Neither this Agreement or nor any part provision hereof may be changed changed, waived, discharged or waived terminated orally, but only by an instrument agreement in writing signed by the party against whom or which the enforcement of such change change, waiver, discharge or waiver termination is sought.

Appears in 1 contract

Samples: Asset Purchase Agreement (Esc Medical Systems LTD)

Entire Agreement; Amendments. This Agreement constitutes contains the entire and only agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect Parties relating to the subject matter hereof. This No provision of this Agreement shall be deemed modified, amended, waived or any part hereof may be changed or waived only by an instrument revoked except in a writing signed by the party against which enforcement of such change or waiver is soughtParty to be bound thereby.

Appears in 1 contract

Samples: Confidentiality Agreement (Aramex International LTD)

Entire Agreement; Amendments. This Agreement constitutes the ---------------------------- entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Except as expressly provided herein, neither this Agreement or nor any part term hereof may be changed or amended except pursuant to a written instrument executed by all the parties hereto, and no provision hereof may be waived only other than by an a written instrument in writing signed by the party against which whom enforcement of any such change or waiver is sought.

Appears in 1 contract

Samples: Exchange Agreement (Citadel Security Software Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect pertaining to the subject matter hereofhereof and supersedes and replaces all prior agreements including the Original License, understandings, negotiations and discussions, whether oral or written, of the parties. This No supplement, modification, amendment or waiver of this Agreement or any part hereof may shall be changed or waived only by an instrument binding unless executed in writing signed by the party against which enforcement of such change or waiver is soughtto be bound thereby.

Appears in 1 contract

Samples: Exclusive License Agreement (Tonix Pharmaceuticals Holding Corp.)

Entire Agreement; Amendments. This Agreement instrument constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof between the parties hereto and replaces and supersedes as of the date hereof any and all prior oral or written agreements, understandings and communications between the parties hereto. This Agreement may only be amended or any part hereof may be changed or waived only modified by an instrument agreement in writing signed executed by Executive and the party against which enforcement of such change or waiver is soughtCorporation.

Appears in 1 contract

Samples: Employment Agreement (Integrated Energy Technologies Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought, and authorized or approved by the Trust’s Board of Trustees, as necessary.

Appears in 1 contract

Samples: Distribution Agreement (TigerShares Trust)

Entire Agreement; Amendments. This The provisions, terms and conditions of this Agreement constitutes (including its schedules) constitute the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereofof this Agreement. This No waiver, modification, change or amendment of any of the provisions of this Agreement or any part hereof may will be changed or waived only by an instrument valid unless in writing and signed by the party against which enforcement of whom such claimed waiver, modification, change or waiver amendment is soughtsought to be enforced.

Appears in 1 contract

Samples: Master Chemistry Services Agreement (WuXi PharmaTech (Cayman) Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior written and oral agreements with respect thereto. This Agreement or any part hereof may be changed waived, changed, discharged or waived terminated only by an instrument in writing signed by the party against which whom enforcement of such change any waiver, change, discharge or waiver termination is sought.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Energy Systems Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and supersede all prior agreements and understandings, both written and oral, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or may be amended and any part term hereof may be changed amended or waived waived, only by an instrument if such amendment or waiver is in writing signed and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against which enforcement of such change or whom the waiver is soughtto be effective.

Appears in 1 contract

Samples: Purchase Agreement (L-1 Identity Solutions, Inc.)

Entire Agreement; Amendments. This Agreement supersedes all prior documents, understandings and agreements, oral or written, relating to the matters contemplated hereby and constitutes the entire agreement understanding between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Any modification or amendment to, or waiver of, any provision of this Agreement (or any part hereof document delivered pursuant to this Agreement unless otherwise expressly provided therein) may be changed or waived made only by an instrument in writing signed executed by the party against which whom enforcement of such change or waiver thereof is sought.

Appears in 1 contract

Samples: Stock Repurchase Agreement (Lecroy Corp)

Entire Agreement; Amendments. This Agreement constitutes the final, entire agreement between among the parties hereto and supersedes any all prior agreementand contemporaneous commitments, draft agreements, representations and understanding, whether written or proposal with respect oral, relating to the subject matter hereof. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an a written instrument in writing signed by the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Systems & Computer Technology Corp)

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