Entire Agreement; Modification or Amendment. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior oral or written agreements. This Agreement may be modified or amended from time to time by the mutual agreement of the parties hereto. No modification or amendment of this Agreement shall be binding upon either party unless it is in writing and executed by the party sought to be charged.
Entire Agreement; Modification or Amendment. All Schedules and Exhibits attached to this Agreement are by reference made a part hereof. This Agreement (including the documents and the instruments referred to herein) and the Confidentiality Agreement constitute the entire agreement among the parties hereto and supersede all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof and thereof. This Agreement may not be amended or modified except by an instrument in writing signed by the parties hereto.
Entire Agreement; Modification or Amendment. The parties hereby agree that this Agreement contains the entire agreement and understanding by and between the parties with respect to the subject matter hereof, and no representations, promises, agreements, or understandings, written or oral, relating to the subject matter hereof not contained herein shall be of any force or effect. Consultant agrees that Consultant has actively participated in negotiating the provisions contained in this Agreement, that these provisions have been negotiated in good faith by all parties, and that the terms of this Agreement should not be construed against either the Company or Consultant. This Agreement may be amended only by written amendment signed by the parties.
Entire Agreement; Modification or Amendment. This Agreement and other related documents are intended by the parties as the final, complete and exclusive statement of the transactions evidenced by this Agreement. All prior or contemporaneous promises, agreements and understandings, whether oral or written, are deemed to be superseded by this Agreement, and no party is relying on any promise, agreement or understanding not set forth in this Agreement. This Agreement may not be amended or modified except by a written instrument describing such amendment or modification executed by Borrower and Lender.
Entire Agreement; Modification or Amendment. This Agreement constitutes ------------------------------------------- the entire agreement of the parties with respect to its subject matter and supersedes all prior oral or written agreements in regard thereto. No modification or amendment of this Agreement shall be binding unless in writing and executed by the parties. In the event of conflict between this Agreement and the Securities Loan Agreement, this Agreement shall control.
Entire Agreement; Modification or Amendment. This Agreement together with the exhibits hereto and all agreements referred to herein and therein, contains the entire understanding of the parties with respect to its subject matter, and the parties hereto may amend this Agreement only by a writing signed by each party against whom such amendment may be enforced.
Entire Agreement; Modification or Amendment. This Custodial Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior oral or written agreements. No modification of or amendment to this Custodial Agreement shall be binding unless in writing and executed by the parties.
Entire Agreement; Modification or Amendment. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof and may not be modified or amended except by a writing duly signed by the party against whom enforcement of the modification or amendment is sought.
Entire Agreement; Modification or Amendment. This DSA, taken together with (i) each Product Activation Form, (ii) applicable Additional Terms, if any, (iii) applicable Additional Agreements, if any, (iv) any applicable Annexes, and (v) any XXXX, if any, in each case, entered into with a specified Provider, represents the entire agreement between Subscriber and such Provider with respect to the subject matter thereof and supersedes all previous agreements, representations, discussions, understandings or writings between such parties with respect to such subject matter. In the event of a conflict or inconsistency between the terms of this DSA and the terms of any Product Activation Form or Annex, this DSA shall prevail unless such Product Activation Form or Annex expressly provides otherwise. The Providers may amend this DSA at any time by posting amendments on the Providers’ website at xxxx://xxx.xxxxxx.xxx or sending email notice to the applicable Subscriber Administrator(s), and any such amendments, including fee increases (subject to Section 7(a)), will be prospectively binding on Subscriber effective ten (10) days from the date of such posting. Notwithstanding the foregoing, with respect to any such amendments that are likely to materially and adversely affect Subscriber or its rights or obligations under an Agreement, (i) the applicable Provider will provide thirty (30) days’ prior notice, by email to the Subscriber Administrator or by other direct communication with Subscriber and (ii) Subscriber, within thirty (30) days from the date of the notification of such amendment, provide the applicable Provider with no more than three (3) months’ written notice of Subscriber’s termination of the applicable Agreement. In the absence of any Subscriber notice of termination, Subscriber’s use of the applicable Services after the effective date of any such amendment shall constitute Subscriber’s ratification of, and agreement to, any such amendment. If a Provider elects to require Subscriber to acknowledge and agree to an amendment, such amendment will not become effective until Subscriber has done so in the manner specified by such Provider.
Entire Agreement; Modification or Amendment. This Agreement contains all commitments and agreements of the parties hereto, and no verbal or other written commitment shall have any force or effect if not contained herein. This Agreement may be modified, amended, or supplemented only by a written instrument duly authorized and executed by both parties.
