Entire Agreement; Modification; Waiver. This Agreement represents the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, with respect to the matters covered by this Agreement. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
Appears in 13 contracts
Samples: Fujitsu Annual Subscription Agreement, Fujitsu Annual Subscription Agreement, Fujitsu Annual Subscription Agreement
Entire Agreement; Modification; Waiver. This Agreement represents contains the entire agreement and understanding between the parties, parties with respect to the subject matter hereof and supersedes all prior agreements negotiations and oral understandings, written if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or oralterminated, with respect in whole or in part, except in writing signed by the party to the matters covered by this Agreementbe charged. No modification of nor amendment to this Agreement, nor any waiver of any rights such provision or any breach of or default under this Agreement, Agreement shall be effective unless in writing and signed by both parties. The waiver of one breach deemed or default or any delay in exercising any rights shall not constitute a waiver of any subsequent other provision, breach or default.
Appears in 9 contracts
Samples: Employment Agreement (FriendFinder Networks Inc.), Employment Agreement (FriendFinder Networks Inc.), Management Agreement (FriendFinder Networks Inc.)
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement between of the parties, parties concerning its subject matter and supersedes any and all prior agreements and understandingsor contemporaneous, written or oraloral negotiations, with respect to correspondence, understandings and agreements between the matters covered by parties respecting the subject matter of this Agreement. No modification of nor supplement, modification, or amendment to this Agreement, nor any Agreement shall be binding unless evidenced by a writing signed by the party against whom it is sought to be enforced. No waiver of any rights under of the provisions of this Agreement, Agreement shall be effective deemed or shall be binding unless executed in writing and signed by both parties. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or defaultthe party making the waiver.
Appears in 2 contracts
Samples: Program Agreement, Program Agreement
Entire Agreement; Modification; Waiver. This Agreement represents the entire agreement between the partiesParties, and supersedes all prior or contemporaneous agreements and understandings, written or oral, with respect to the matters covered by this Agreement, and is not intended to confer upon any third party any rights or remedies hereunder. No modification of nor or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by both partiesParties. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
Appears in 2 contracts
Samples: Master Agreement, Terms and Conditions
Entire Agreement; Modification; Waiver. This Agreement represents the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, with respect to the matters covered by this Agreement. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. 7.
Appears in 2 contracts
Samples: sp.ts.fujitsu.com, sp.ts.fujitsu.com
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement between of the parties, parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, written whether oral or oralwritten, with respect to the matters covered thereto. This Agreement may not be modified or amended except by this Agreement. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed a subsequent written instrument duly executed by both parties. The waiver of one breach No failure or default or delay by any delay party in exercising any rights right, power, or privilege hereunder shall not constitute operate as a waiver thereof. Nor shall any single or partial exercise thereof preclude any other or further exercise of any subsequent breach other right, power, or defaultprivilege.
Appears in 2 contracts
Samples: Computer Services Agreement (Overnite Corp), Computer Services Agreement (Overnite Corp)
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement between the parties, parties pertaining to the subject matter contained herein and supersedes all prior agreements and understandingscontemporaneous agreements, written or oral, with respect to representations and understandings of the matters covered by this Agreementparties. No termination, modification or amendment of nor amendment to this AgreementAgreement shall be binding, nor any unless executed in writing by the parties hereto. No waiver of any rights under of the provisions of this Agreement, Agreement shall be effective unless in writing and signed by both parties. The waiver of one breach deemed, or default or any delay in exercising any rights shall not constitute constitute, a waiver of any subsequent breach other provision, whether or defaultnot similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Employment Agreement (Pioneer Commercial Funding Corp /Ny/), Employment Agreement (Russian Wireless Telephone Co Inc)
Entire Agreement; Modification; Waiver. This Agreement represents sets forth the entire agreement between the partiesparties hereto with respect to the subject matter hereof, and supersedes all prior other agreements and understandingsunderstandings previously entered into, written or oral, between the parties hereto with respect to the matters covered subject matter hereof. This Agreement shall not be amended, modified or changed except by this Agreementan instrument in writing signed by the parties hereto. No modification of nor amendment to this Agreement, nor any A waiver of the breach of any rights under term or condition of this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any delay in exercising any rights Agreement shall not be deemed to constitute a waiver of any subsequent breach of the same or defaultany other term or condition.
Appears in 1 contract
Samples: UL Inc.
Entire Agreement; Modification; Waiver. This Agreement represents the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, with respect to the matters covered by this Agreement. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.. c.
Appears in 1 contract
Samples: sp.ts.fujitsu.com
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement and understanding between the partiesParties pertaining to the subject matter herein, and supersedes all prior agreements and understandingscontemporaneous agreements, written negotiations, representations, promises, or oral, with respect to understandings of the matters covered by this AgreementParties whether oral or written. No modification of nor amendment to this Agreementsupplement, nor any modification, amendment, or waiver of any rights under provision of this Agreement, Agreement shall be effective binding unless executed in writing and signed by both partiesthe Party sought to be bound. The No waiver of one breach or default or any delay in exercising any rights of the provisions of this Agreement shall not constitute be construed as a waiver of any subsequent breach other provision or defaultas a continuing waiver.
Appears in 1 contract
Samples: Interlocal Cooperation Agreement
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement understanding of the parties hereto and supersedes any and all prior or contemporaneous representations or agreements, whether written or oral, between the parties, and supersedes all prior agreements and understandings, written cannot be changed or oral, with respect to the matters covered by this Agreement. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective modified unless in writing and signed by both partiesthe parties hereto. The waiver No delay or failure to enforce any provision of one breach or default or any delay in exercising any rights this Agreement shall not constitute a waiver or limitation of any subsequent breach or defaultrights enforceable under this Agreement by either party.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement represents contains the entire agreement between the parties, and supersedes all prior agreements and understandings, written or oral, parties with respect to the matters covered by this Agreementsubject matter of the Agreement and shall supersede and terminate all prior agreements, commitments, or understandings, whether oral or written, related to the Products. No waiver or modification of nor amendment to any of the provisions of this Agreement, nor any waiver of any rights under this Agreement, Agreement shall be effective binding unless it is in writing and signed by both the parties. The Any waiver of any condition on any one breach or default or any delay in exercising any rights occasion shall not constitute a waiver of on any subsequent breach or default.occasion. (e)
Appears in 1 contract
Samples: Distribution Agreement
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement between the parties, parties pertaining to the subject matter contained in it and supersedes all prior agreements and understandingscontemporaneous agreement, written or oral, with respect to representations and understandings of the matters covered by this Agreementparties. No modification of nor amendment to this Agreement, nor any waiver of any rights under this Agreement, of the provisions of the Agreement shall be effective unless in writing and signed by both parties. The waiver of one breach deemed, or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach other provision, whether or defaultnot similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 1 contract
Samples: Creditors Trust Agreement (Diamond Hitts Production Inc)
Entire Agreement; Modification; Waiver. This Agreement represents contains the entire agreement and understanding between the parties, parties with respect to the subject matter hereof and supersedes all prior agreements negotiations and oral understandings, written if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or oralterminated, with respect in whole or in part, except in writing signed by the party to the matters covered by this Agreementbe charged. No modification of nor amendment to this Agreement, nor any waiver wavier of any rights such provision or any breach of or default under this Agreement, Agreement shall be effective unless in writing and signed by both parties. The waiver of one breach deemed or default or any delay in exercising any rights shall not constitute a waiver of any subsequent other provisions, breach or default.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement represents constitutes the entire agreement between the parties, parties pertaining to the subject matter contained in it and supersedes all prior agreements and understandingscontemporaneous agreement, written or oral, with respect to representations and understandings of the matters covered by this Agreementparties. No modification of nor amendment to this Agreement, nor any waiver of any rights under of the provisions of this Agreement, Agreement shall be effective unless in writing and signed by both parties. The waiver of one breach deemed, or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach other provision, whether or defaultnot similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 1 contract
Samples: Trademark Agreement (Xsunx Inc)