Common use of Entire Agreement and Modification Clause in Contracts

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate. In the event of a conflict between the terms of this Agreement and the Merger Agreement, the terms of the Merger Agreement shall control.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSeller or Company, on the other hand) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements between the parties hereto, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) matter, and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and SellerIntent) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSeller or Company, on the other hand) and constitutes (along with the Disclosure Letterschedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSellers or Company, on the other hand) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements (other than the Confidentiality Agreement), whether written or oral, between or among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the each party to be charged with the amendmenthereto.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by signed on behalf of each of the party to be charged with the amendmentparties hereto.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) as a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter, except that until the Closing, the Confidentiality Agreement shall remain in full force and effect in accordance with its terms. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this AgreementAgree- ment) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentBuyer, Seller and Escrow Agent.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits Confidentiality Agreement and other the documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, agreements (whether written oral or oral, between in writing) by and among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject mattermatter and is not intended to confer any rights or remedies upon any Person other than the Parties. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentBuyer and Sellers.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerany one or more of the Sellers) and constitutes (along with the Seller Disclosure Letter, the Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Except as contemplated by Section 5.2, this Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of Exhibit 10(a) the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this AgreementAgree- ment) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplementedsup- plemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and SellerIntent with respect to the Contemplated Transactions) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along together with the Disclosure LetterConfidentiality Agreement, Exhibits the Guaranty and other the documents delivered pursuant to contemplated by this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer any of IIS, GNI, Shareholder and SellerAnchor) and constitutes (along with the Disclosure Letter, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerany one or more of the Sellers) and constitutes (along with the Seller Disclosure Letter, the Buyer Disclosure Letter, the Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between or among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the each party to be charged with the amendmenthereto.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and SellerSellers) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by each of the party to be charged with the amendmentparties hereto.

Entire Agreement and Modification. This Agreement supersedes and the agreements contemplated herein supersede all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerother than the Confidentiality Agreement) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer PACIFIC and SellerPRB) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and SellerIntent) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, amended or otherwise modified waived except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerthe Confidentiality Agreement) and constitutes (along with the Seller Disclosure LetterSchedules, the Buyer Disclosure Schedules, the Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerintent) and constitutes (along with the Disclosure Letter, Exhibits other Transaction Documents and other documents delivered pursuant to this the Nondisclosure Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter, except as expressly agreed in any writing dated as of the date of this Agreement or in a later writing which expressly refers to this Agreement. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerintent) and constitutes (along with the Disclosure Letter, Exhibits Transaction Documents and other documents delivered pursuant to this the Nondisclosure Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerthe Parties) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letterdocuments referred to in, Exhibits and other documents delivered pursuant to or executed in connection with, this Agreement including, but not limited to, the Confidentiality Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (matter, including any letter of intent and any confidentiality agreement between Buyer and Seller) the Existing Services Agreement, and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with Party against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement correspondence between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplementednor may compliance with any condition set forth herein be waived, or otherwise modified except by a written agreement executed by each Party hereto, or in the party to be charged with case of a waiver, the amendmentParty waiving compliance.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. The Company Disclosure Schedule is intended to qualify Seller’s and the Company’s disclosures under this Agreement and to have legal effect in relation thereto, but not to be a part of this Agreement. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsoral and written communications, whether written or oralinformation, disclosures, bid documents, and agreements between the parties with respect to its subject matter (including any letter of intent memoranda, draft term sheets and any confidentiality agreement between Buyer and Sellercorrespondence relating thereto) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this AgreementTransaction Documents) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and and, post-Closing, any confidentiality agreement between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer JKP Sub and SellerBizarre) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any the letter of intent and any confidentiality agreement between Buyer and Sellerdated July 20, 2007 and, upon the Closing, the Confidentiality Agreement) and constitutes (along with the Disclosure Letter, Exhibits exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by in a written agreement writing executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between or among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentParties.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (other than the Confidentiality Agreement but specifically including any letter the Letter of intent and any confidentiality agreement between Buyer and Seller) Intent and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter; provided, however, that the confidentiality provisions contained within the Letter of Intent by and among the parties dated June 24, 2004 shall continue in full force and effect. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Purchaser, Merger Sub and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Ocean, and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of interest or letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentParties.

Entire Agreement and Modification. This Except as provided below, this Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and SellerSeller dated March 23, 1998) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. Regardless of the provisions of this Section 12.8, the Confidentiality Agreement will remain in full force and effect and is not superseded by this Agreement. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmenteach party.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer IIS and SellerK2 Digital) and constitutes (along with the Disclosure Letter, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter Letter of intent and any confidentiality agreement Intent between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Parent, Merger Sub and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and/or AMCON and Seller) and constitutes (along with the Disclosure LetterAppendices, Schedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and SellerAmarin) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes and all of the documents referred to in this Agreement supersede all prior agreements, whether written or oral, between agreements among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with Party against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Selleramong Buyer, Seller and/or the Company) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement Agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior and contemporaneous agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by each of the party to be charged with the amendmentParties.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements between the parties hereto, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) matter, and constitutes (along with the Disclosure LetterExhibits, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among WWBU, and Seller) VERDANT and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) as a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and Seller) Intent and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.