ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Charter Communications Southeast Lp), Asset Purchase Agreement (Charter Communications Southeast Lp), Asset Purchase Agreement (Charter Communications Southeast Lp)
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter contained in it hereof and supersedes all prior understandings, representations, and contemporaneous warranties, agreements, representations communications and understandings discussions, whether oral or written, of the parties. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a continuing waiverparties hereto. No waiver shall be binding unless executed in writing by the party making the waiver. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a continuing waiver.
Appears in 2 contracts
Samples: Employment Agreement (Dunn Computer Corp), Employment Agreement (Dunn Computer Corp)
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes contains the entire agreement of the parties with respect to its subject matter and supersedes any and all other agreements, either oral or in writing, between the parties pertaining hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings hereof. No modification or waiver of the parties. No supplement, modification or amendment of this Agreement shall provisions hereof will be binding unless executed in writing and signed by all the partiesparty against whom such modification or waiver is sought to be enforced. No waiver of any of the provisions provision of this Agreement shall be deemed, at any time will preclude enforcement of such provision at any other time or shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverof any other provision of this Agreement.
Appears in 2 contracts
Samples: Terms and Conditions, Consulting Agreement
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement supersedes any and all other agreements, whether oral or written, between the parties pertaining hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesemployment. No supplement, Any modification or amendment of this Agreement shall be binding unless executed effective only if it is in writing and signed by all the both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party both parties making the waiver.
Appears in 2 contracts
Samples: Employment Agreement (American Rivers Oil Co), Employment Agreement (American Rivers Oil Co)
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement The Agreement, together with all exhibits attached hereto, constitutes the entire agreement between the parties pertaining Parties relating to the subject matter contained in it transaction described and supersedes any and all prior and contemporaneous agreements, representations and understandings of the partiesoral or written understandings. No supplementamendment, addition to, or modification of any provision hereof shall be binding upon the Parties, and neither Party shall be deemed to have waived any provision of any remedy available to it unless such amendment, addition, modification or amendment of this Agreement shall be binding unless executed waiver is in writing and signed by all the parties. No waiver of any a duly authorized officer or representative of the provisions of this Agreement shall be deemed, applicable Party or shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverParties.
Appears in 1 contract
Samples: Operations and Maintenance Agreement (NRG Energy Inc)
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties pertaining with respect to the subject matter contained in it hereof, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, no change or modification or amendment of this Agreement shall be binding valid unless executed the same is in writing and signed by all of the partiesparties hereto. No The waiver by any party of a breach of any provision of this Agreement will not operate or be construed as a waiver of a subsequent breach of such provision, nor will such waiver operate or be construed as a waiver of any of the provisions other provision of this Agreement shall be deemed, or shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverAgreement.
Appears in 1 contract
Samples: Noncompetition Agreement
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement ----------------------------------------- constitutes the entire agreement between among the parties pertaining hereto with respect to the subject matter contained in it hereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, both written and oral. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the partiesparties hereto. No The waiver by a party of a breach of any of the provisions provision of this Agreement shall not operate as or be deemed, or shall constitute construed as a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverof any subsequent breach thereof.
Appears in 1 contract
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes contains the entire agreement between of the parties pertaining with respect to the its subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings no modification or waiver of the parties. No supplement, modification or amendment of this Agreement shall provisions hereof will be binding unless executed in writing and signed by all the partiesparty against whom such modification or waiver is sought to be enforced. No waiver of any of the provisions provision of this Agreement shall be deemed, at any time will preclude enforcement of such provision at any other time or shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverof any other provision of this Agreement.
Appears in 1 contract
Samples: Confidentiality Agreement
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between among the parties pertaining hereto with respect to the subject matter contained in it hereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, both written and oral. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the partiesparties hereto. No The waiver by a party of a breach of any of the provisions provision of this Agreement shall not operate as or be deemed, or shall constitute construed as a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiverof any subsequent breach thereof.
Appears in 1 contract
ENTIRE AGREEMENT; MODIFICATION AND WAIVER. This Agreement constitutes the entire agreement between the parties pertaining to the its subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute constitute, a continuing waiverwaiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 1 contract
Samples: Equipment Purchase Agreement (Consolidated Capital of North America Inc)