Entire Agreement; Non-Waiver. This Agreement constitutes the entire agreement of the Member. No delay on the part of the Member in exercising any right hereunder shall operate as a waiver thereof, nor shall any waiver, express or implied, by the Member of any right hereunder or of any failure to perform or breach hereof by any other party constitute or be deemed a waiver of any other right hereunder or of any other failure to perform or breach hereof by the Member, whether of a similar or dissimilar nature thereof.
Entire Agreement; Non-Waiver. This Agreement shall be read in conjunction with the provisions set forth on the prescription form, or a substitution thereof, which provisions (including name, description of products, work, services, or shipments, etc.) shall be incorporated herein, and all of which shall constitute the entire agreement between the parties hereto pertaining to the subject matter contained herein and therein and shall supersede all prior, and contemporaneous agreements, representations and understandings of the parties. No waiver of any one 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 making the waiver.
Entire Agreement; Non-Waiver. This Agreement sets forth the entire understanding of the parties hereto and constitutes the entire Agreement between the parties with respect to the matters contained herein, and supersedes all prior oral or written representations, proposals, correspondence, discussions, negotiations and agreements. No change, modification, waiver, agreement or understanding, oral or written, in any way purporting to waive or modify the terms hereof shall be binding on either party hereto unless contained in a written document expressly described as an amendment to, waiver of or extension of this Agreement and unless such document is duly executed by both parties. A waiver by either party of any breach or failure to enforce any term or condition of this Agreement shall not in any way affect, limit or waive such party's right at any time to enforce strict compliance with that or any other term or condition of this Agreement.
Entire Agreement; Non-Waiver. This Agreement, including any attached addenda, contains the entire agreement between the parties with respect to the matters set forth herein and may not be amended or modified except by a written instrument signed by Boston Whaler and Dealer that expressly states that the writing constitutes an amendment or modification to this Agreement, provided that, subject to the provisions of this Agreement, Boston Whaler may in its sole discretion and from time to time make changes in accordance with its own reasonable business judgment to the policies and programs applicable to all domestic Boston Whaler dealers upon the giving of notice to Dealer as described herein. This Agreement terminates and replaces all prior agreements made between the parties regarding the subject matter of this Agreement and there are no other agreements regarding the matters herein provided that each party shall remain obligated to the other for any monies owed under such prior agreements between the parties; and except for payments to be made to Dealer in the ordinary course of business or claims of third parties, there are no other monies, claims, or actions which may give rise to or result in any compensation or monies being owed to Dealer by Boston Whaler. Failure on the part of Boston Whaler or Dealer to enforce any term of this Agreement shall not constitute a waiver thereof.
Entire Agreement; Non-Waiver. This Agreement constitutes the entire agreement between the parties with respect to the provision of the services outlined herein, and there are no other or further written or oral understandings or agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by duly authorized representatives of City and Contractor. This Agreement supersedes all other agreements, whether oral or written, which may have previously existed between the parties.
Entire Agreement; Non-Waiver. This Agreement, including any attached addenda, contains the entire agreement between the parties with respect to the matters set forth herein and may not be amended or modified except by a written instrument signed by Sea Ray and Dealer that expressly states that the writing constitutes an amendment or modification to this Agreement, provided that, subject to the provisions of this Agreement, Sea Ray may in its sole discretion and from time to time make changes in accordance with its own reasonable business judgment to the policies and programs applicable to all domestic Sea Ray dealers upon the giving of notice to Dealer as described herein. This Agreement terminates and replaces all prior agreements made between the parties regarding the subject matter of this Agreement and there are no other agreements regarding the matters herein provided that NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. each party shall remain obligated to the other for any monies owed under such prior agreements between the parties; and except for payments to be made to Dealer in the ordinary course of business or claims of third parties, there are no other monies, claims, or actions which may give rise to or result in any compensation or monies being owed to Dealer by Sea Ray. Failure on the part of Sea Ray or Dealer to enforce any term of this Agreement shall not constitute a waiver thereof.
Entire Agreement; Non-Waiver. This Agreement, including the Schedules hereto, and the Exchange Agreement constitute the entire agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter hereof. This Agreement is subject in all respects to the provisions of the Exchange Agreement, and nothing in this Agreement shall abridge or alter any rights provided for in the Exchange Agreement. The Company shall not take any action (or omit to take any action) that is prohibited by, or inconsistent with, the Exchange Agreement.
Entire Agreement; Non-Waiver. This Agreement supersedes all prior agreements between the parties with respect to the subject matter hereof and contains the entire agreement between the parties with respect to such subject matter. No delay on the part of any party in exercising any right hereunder shall operate as a waiver thereof, nor shall any waiver, express or implied, by any party of any right hereunder or of any failure to perform or breach hereof by any other party constitute or be deemed a waiver of any other right hereunder or of any other failure to perform or breach hereof by the same or any other Member, whether of a similar or dissimilar nature.
Entire Agreement; Non-Waiver. This Wireless Installation Agreement, together with the incorporated Pole Attachment Standards, supersede all previous oral and written agreements between CPS Energy and Licensee regarding the approval, placement, transfer, maintenance, and removal of Licensee’s Wireless Installations on CPS Energy’s Poles or Streetlight Poles within the geographical service area covered by the Wireless Installation Agreement. All provisions, terms, and conditions to this Wireless Installation Agreement are expressed herein. Notwithstanding any contrary provision, term, or condition herein, this Wireless Installation Agreement shall neither waive nor be interpreted to waive any claims of any nature, any amounts or credits owed, or any obligations or duties arising under a prior agreement between the Parties or the Parties’ performance thereunder. Nor shall this Wireless Installation Agreement act as a waiver of any claims for the prior use of CPS Energy Poles or Streetlight Poles without valid authorization.
Entire Agreement; Non-Waiver. This Agreement contains all the representations, stipulations, warranties, agreement and understandings, with respect to the subject matter of this Agreement, and its execution has not been induced by any representation, stipulation, warranty, agreement or understanding of any kind other than these herein expressed. No amendment, addition to, alteration, modification, or waiver of all or part of this Agreement shall be of any force or effect unless in writing and signed by P.T., Railroad, Customer and if applicable, Owner. If the terms and conditions of this Agreement and those of any purchase order written in connection with this Agreement conflict, then the terms and conditions of this Agreement shall govern. Failure of any Party to require performance of any provision of this Agreement shall not affect its right to require full performance thereof at any other time thereafter, and the waiver of a breach of any provision shall not constitute a waiver of any other breach thereof or nullify the effectiveness of such provisions.
