Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 2 contracts
Samples: Indemnification Agreement (Freemarkets Inc), Indemnification Agreement (Printcafe Software Inc)
Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merge and, subject to Section 5(b) hereof, merges all prior understandings, negotiations and discussions between themthem relating solely with respect to the subject matter herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 2 contracts
Samples: Indemnification Agreement (Superior Uniform Group Inc), Indemnification Agreement (LXU Healthcare, Inc.)
Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and merge merges all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 2 contracts
Samples: Indemnification Agreement (Netcentives Inc), Indemnification Agreement (Atroad Inc)
Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merge merges all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless signed in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 2 contracts
Samples: Indemnification Agreement (Insilicon Corp), Indemnification Agreement (Cygnus Inc /De/)
Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set sets forth the entire theentire agreement and understanding of the parties relating to the subject matter herein and merge merges all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 1 contract
Samples: Indemnification Agreement (American Reprographics CO)
Entire Agreement; Enforcement of Rights. This Agreement and, to the extent not inconsistent herewith, the Bylaws, set sets forth the entire agreement and understanding of the parties relating to the subject matter herein Shares and merge merges all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.
Appears in 1 contract
Samples: Common Stock Issuance Agreement (Rosetta Inpharmatics Inc)