Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits hereto, contains the entire understanding of the Parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the Parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Parties. A waiver by either Party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 11 contracts
Samples: Digital Music Download Sales Agreement, Digital Music Download Sales Agreement (Digital Music Group, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)
Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits hereto, contains the entire understanding of the Parties parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the Parties parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Partiesparties. A waiver by either Party party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Partiesparties.
Appears in 3 contracts
Samples: Digital Music Download Sales Agreement (K Tel International Inc), Digital Music Download Sales Agreement (Digital Music Group, Inc.), Digital Music Download Sales Agreement (Digital Music Group, Inc.)
Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits heretoexhibits, contains the entire understanding of the Parties relating to the its subject matter hereofmatter, and supersedes all previous agreements or arrangements understandings between the Parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Parties. A waiver by either Party of any term or condition of this Agreement in any instance instances shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 2 contracts
Samples: Ebook Agency/Commissionaire Distribution Agreement, Distribution Agreement
Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits heretoexhibits, contains the entire understanding of the Parties relating to the its subject matter hereofmatter, and supersedes all previous agreements or arrangements understandings between the Parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Parties. A waiver by either Party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 1 contract
Samples: Distribution Agreement
Entire Agreement; Modification; Waiver. This Agreement, including the Terms of Use and Privacy Policy on the Channel X Website, any annexes, schedules and exhibits hereto, contains the entire understanding of the Parties relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the Parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the both Parties. A waiver by either Party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits hereto, Agreement contains the entire understanding of the Parties relating to the subject matter hereof, and supersedes all previous or contemporaneous agreements or arrangements between the Parties relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Parties. A waiver by either Party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 1 contract
Samples: Digital Video Download Sales Agreement (RHI Entertainment, Inc.)
Entire Agreement; Modification; Waiver. This Agreement, including any annexes, schedules and exhibits hereto, contains the entire understanding of the Parties and relating to the subject matter hereof, and supersedes all previous agreements or arrangements between the Parties and relating to the subject matter hereof. This Agreement cannot be changed or modified except by a writing signed by the Parties. A waiver by either Party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If Should any provision of this Agreement is be determined by a court of competent jurisdiction to be as unenforceable, such determination decision shall not affect any other provision hereof, and the unenforceable enforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the Parties.
Appears in 1 contract