Common use of Entire Agreement; Modification; Waiver Clause in Contracts

Entire Agreement; Modification; Waiver. This Agreement, together with the exhibits attached hereto and any other agreements referenced herein, constitutes the entire agreement between the parties pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto and any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not 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 2 contracts

Samples: Agreement Regarding Lease (Iomega Corp), Agreement Regarding Lease (Jni Corp)

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Entire Agreement; Modification; Waiver. This Agreement, together with Agreement (including the exhibits attached Exhibits hereto and any other agreements referenced herein, which are incorporated by reference) constitutes the entire agreement between the parties pertaining Parties as to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto hereof and any other agreements referenced herein, supersede supersedes all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, warranties, and understandings of the partiesParties, whether oral, written or implied, as to the subject matter hereof. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all partiesParties affected thereby. No waiver of any of the provisions of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party Party making the waiver. Notwithstanding anything in this paragraph 8 to the contrary, the provisions of clause (g) of paragraph 2 shall not be amended, modified or waived without GCC's written consent.

Appears in 1 contract

Samples: Support Agreement (Amc Entertainment Inc)

Entire Agreement; Modification; Waiver. This AgreementAgreement and the Disclosure Schedule, together with the exhibits attached all Exhibits and schedules hereto or thereto and any other agreements referenced hereinor instruments executed in connection herewith or therewith, constitutes the entire agreement between the parties pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto it and any other agreements referenced herein, supersede supersedes all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, representations and understandings of the parties; provided that nothing in this Agreement shall disclaim or require Buyer to waive reliance on any representation that Seller made in the FDD. 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 waiver of any other provisionsprovision, whether or not similar, nor and no waiver 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: Asset Purchase Agreement (Jamba, Inc.)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the schedules and exhibits attached hereto and any other agreements referenced herein, constitutes to this Agreement set forth the entire agreement between of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it. This Agreement,, together with the exhibits attached hereto and shall be effective for any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespurpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. The Confidentiality Agreement shall remain in full force and effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pc Tel Inc)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the schedules and exhibits attached hereto and any other agreements referenced hereinto this Agreement (which are hereby incorporated herein by this reference), constitutes set forth the entire agreement between of the parties pertaining hereto with respect to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto hereof and any other agreements referenced herein, supersede all prior and contemporaneous written and oral negotiations, discussions, understandings and agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespertaining to such subject matter. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all partiesof the Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not 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: Asset Purchase Agreement (LOCAL Corp)

Entire Agreement; Modification; Waiver. (a) This Agreement, together with the schedules and exhibits attached hereto to this Agreement and any other agreements referenced hereindocuments delivered pursuant hereto, constitutes sets forth the entire agreement between of the parties Parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it. This Agreement,, together with the exhibits attached hereto and shall be effective for any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespurpose. No supplement, modification, modification or amendment of to this Agreement or the schedules or the exhibits thereto shall be binding unless executed in writing by all partiesboth of the Parties. No waiver of any of the provisions of this Agreement or the schedules or the exhibits thereto shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Avanex Corp)

Entire Agreement; Modification; Waiver. The exhibits attached to this Agreement are incorporated herein. This Agreement, together with the exhibits attached hereto and any other agreements referenced hereinincluding its exhibits, constitutes the entire agreement of the Parties and supersedes any and all prior or contemporaneous written or oral negotiations, correspondence, understandings and agreements between the parties pertaining to Parties respecting the subject matter contained in it. This Agreement,, together with the exhibits attached hereto and any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partieshereof. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all partiesboth Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not 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: Agreement for Tree Planting Services

Entire Agreement; Modification; Waiver. This AgreementAgreement and the -------------------------------------- exhibits hereto, together with the exhibits attached hereto and any other agreements referenced herein, constitutes constitute the entire agreement Agreement between Seller, on the parties one hand, and Buyer, on the other, pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto it and any other agreements referenced herein, supersede supersedes all prior agreements, representations and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and all understandings of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesBuyer and Seller. No waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionsprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Park Convalescent Hospital)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement (including the documents referred to herein) and the schedules and exhibits attached hereto and any other agreements referenced herein, constitutes to this Agreement set forth the entire agreement between of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it. This Agreement,, together with the exhibits attached hereto and shall be effective for any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespurpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not 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: Asset Purchase Agreement (Taleo Corp)

Entire Agreement; Modification; Waiver. This Agreement, including the Seller Disclosure Letter, the Purchaser Disclosure Letter, the Annex, all Schedules hereto and all Exhibits hereto, together with the exhibits attached hereto Confidentiality Agreement and any other agreements referenced hereincontemplated hereby, constitutes the entire agreement between of the parties pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto herein and any other agreements referenced herein, supersede supersedes all prior and or contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, representations and understandings of the parties. No supplement, modificationmodification or amendment to, or amendment waiver of this Agreement shall be binding unless executed in writing by all partiesSeller or Purchaser. No waiver of any of the provisions provision of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any other provisionsprovision, whether or not 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: Branch Purchase Agreement (First State Bancorporation)

Entire Agreement; Modification; Waiver. This Agreement, together with including the exhibits attached ------------------------------------- Exhibits hereto delivered in connection herewith, all written statements (including, without limitation, financial statements and any other agreements referenced hereininformation), and all certificates, agreements, documents and instruments which are identified herein as having been furnished or delivered hereunder, constitutes the entire agreement between the parties pertaining to the subject matter contained in it. This Agreement,parties, together with the exhibits attached hereto and any other agreements referenced herein, supersede supersedes all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, and understandings of the parties, relating to this Agreement. No supplement, modification, or amendment of this Agreement shall be binding on any party hereto unless executed in writing by all partiesparties hereto. No waiver of any of the provisions of this Agreement shall will be deemed, or shall nor will constitute, a waiver of any other provisionsprovision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Asset Purchase Agreement (Private Media Group Inc)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the exhibits -------------------------------------- agreement referred to in the Exhibit attached hereto and any other agreements referenced herein, constitutes constitute the entire agreement between the parties pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto therein and any other agreements referenced herein, supersede supersedes all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, representations and understandings of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing by all both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not 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: Employment Agreement (City National Corp)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the exhibits attached hereto and any other -------------------------------------- agreements referenced herein, constitutes herein constitute the entire agreement between among the parties pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto and any other agreements referenced herein, and supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, representations and understandings undertakings of the partiesparties including the 1996 Agreement. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionsprovision, whether or not 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: Stock Purchase Agreement (Crown Castle International Corp)

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Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the -------------------------------------- exhibits attached hereto and any other agreements referenced herein, constitutes constitute the entire agreement Agreement between the parties to this Agreement, on the other, pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto it and any other agreements referenced herein, supersede supersedes all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement)agreements, representations, and all understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionsprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Restructuring Agreement (FFP Marketing Co Inc)

Entire Agreement; Modification; Waiver. This AgreementAgreement and the other Contract Documents (including, together with without limitation, the exhibits attached hereto Plans and Specifications and any other agreements referenced hereinamendments, constitutes modifications and supplements thereto) constitute the entire understanding and agreement between of the parties pertaining to this Agreement concerning the subject matter contained in it. This Agreement,Project and the Work, together with the exhibits attached hereto and any other agreements referenced herein, supersede all prior and or contemporaneous written or oral understandings or agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the parties, and there are no other agreements or understandings between the parties, with respect the Project and the Work. Each and all of the Exhibits A through and including K referenced in this Agreement are hereby expressly incorporated herein by this reference. No supplement, modification, or amendment modifications of this Agreement the Contract shall be binding unless executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver the Contract shall be binding unless executed in writing by the party making waiving party, and any such waiver shall not constitute a waiver of any other provision of the waiverContract, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Design Build Agreement (Wynn Resorts LTD)

Entire Agreement; Modification; Waiver. This Agreement, together with Agreement and the exhibits attached -------------------------------------- Exhibits hereto and any other agreements referenced herein, constitutes constitute the entire agreement between the parties Xxxxxxx and NHP pertaining to the subject matter contained in it. This Agreement,, together with the exhibits attached hereto therein and any other agreements referenced herein, supersede supersedes all prior agreements, representations and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings all understanding of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesXxxxxxx and NHP. No Except as set forth herein, no waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionsprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Settlement and Amendment Agreement (Nationwide Health Properties Inc)

Entire Agreement; Modification; Waiver. This Agreement, together with the Collateral Agreements, the Confidentiality Agreement, the Promissory Note and the schedules and exhibits attached hereto and any other agreements referenced herein, constitutes to this Agreement set forth the entire agreement of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding (including the letter of intent between the parties parties) pertaining to the subject any such matter contained in it. This Agreement,, together with the exhibits attached hereto and shall be effective for any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespurpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No Subject to Section 10.13, no waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sol-Gel Technologies Ltd.)

Entire Agreement; Modification; Waiver. This Agreement, together with the exhibits attached hereto and any other agreements referenced herein, Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it. This Agreement,herein, together with the exhibits attached hereto and except for any other agreements referenced herein, supersede . This Agreement supersedes all prior and contemporaneous agreements (other than those these entered into by in writing simultaneously contemporaneously with this Agreement), representations, and understandings of the parties. No supplement, modification, or amendment of to 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 waiver of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not 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: Western Power & Equipment Corp

Entire Agreement; Modification; Waiver. This Agreement, together with including the exhibits attached hereto Exhibits, the Pharmacovigilance Agreement (when executed) and any other agreements referenced herein, constitutes documents delivered pursuant hereto or thereto constitute the entire agreement between of the parties pertaining to Parties concerning the subject matter contained in it. This Agreement,, together with the exhibits attached hereto hereof and supersedes any other agreements referenced herein, supersede and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and contemporaneous agreements (other than those entered into by writing simultaneously with agreements, between the Parties respecting the subject matter of this Agreement), representations, and understandings of the parties. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in evidenced by a writing signed by all partiesan authorized officer of each Party. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 1 contract

Samples: License and Services Agreement (Jaguar Health, Inc.)

Entire Agreement; Modification; Waiver. This AgreementAgreement and the other Contract Documents (including, together with without limitation, the exhibits attached hereto Plans and Specifications and any other agreements referenced hereinamendments, constitutes modifications and supplements thereto) constitute the entire understanding and agreement between of the parties pertaining to this Agreement concerning the subject matter contained in it. This Agreement,Project and the Work, together with the exhibits attached hereto and any other agreements referenced herein, supersede all prior and or contemporaneous written or oral understandings or agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the parties, and there are no other agreements or understandings between the parties, with respect the Project and the Work. Each and all of the Exhibits A through and including L referenced in this Agreement are hereby expressly incorporated herein by this reference. No supplement, modification, or amendment modifications of this Agreement the Contract shall be binding unless executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver the Contract shall be binding unless executed in writing by the party making waiving party, and any such waiver shall not constitute a waiver of any other provision of the waiverContract, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Lump Sum Agreement (Wynn Resorts LTD)

Entire Agreement; Modification; Waiver. This Agreement (including all Schedules and Exhibits attached to this Agreement, together with the exhibits attached hereto and any other agreements referenced hereinwhich are incorporated herein by this reference), constitutes sets forth the entire agreement between of the parties hereto with respect to the matters contained herein, and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it. This Agreement,(including without limitation that certain Letter of Intent dated August 22, together with the exhibits attached hereto 2013 between Guarantor and Seller) shall be effective for any other agreements referenced herein, supersede all prior and contemporaneous agreements (other than those entered into by writing simultaneously with this Agreement), representations, and understandings of the partiespurpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed it is in writing and executed by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provisionsprovision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed it is in writing and executed by the party making the waiver. Notwithstanding the foregoing, this Agreement shall not supercede or terminate any access agreement executed by any or all of the parties or any of their respective Affiliates or the Confidentiality Agreement.

Appears in 1 contract

Samples: Lease and Option Agreement (Griffin Land & Nurseries Inc)

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