Common use of Entire Agreement; Waiver Clause in Contracts

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 24 contracts

Samples: Dealer Manager Agreement (Atlas Resources Public #18-2008 (A) L.P.), Dealer Manager Agreement (Atlas Resources Public #17-2007 (A) L.P.), Services Agreement (Atlas Energy Resources, LLC)

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Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Dealer-Manager and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that the term or condition of this Agreement. . (c) Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 17 contracts

Samples: Dealer Manager Agreement (Atlas Resources Public #16-2007 (B) L.P.), Dealer Manager Agreement (Atlas Resources Public #18-2008 (A) L.P.), Dealer Manager Agreement (Atlas Resources Public #17-2007 (A) L.P.)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Dealer Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writingwriting by the Dealer Manager and you. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Dealer Manager and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that the term or condition of this Agreement. . (c) Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 14 contracts

Samples: Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.), Dealer Manager Agreement (Resource Apartment REIT III, Inc.)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Fund and you, and shall not be amended or modified in any way except by subsequent agreement executed in writingwriting by the Fund and you. Neither party to this Agreement shall be liable or bound to the other party by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Fund and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 5 contracts

Samples: Dealer Manager Agreement (CION Grosvenor Infrastructure Fund), Dealer Manager Agreement (Eagle Point Enhanced Income Trust), Dealer Manager Agreement (Predex)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Company and you, and shall not be amended or modified in any way except by subsequent agreement executed in writingwriting by the Company and you. Neither party to this Agreement shall be liable or bound to the other party by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Company and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 5 contracts

Samples: Dealer Manager Agreement (CIM Real Assets & Credit Fund), Dealer Manager Agreement (CIM Real Assets & Credit Fund), Dealer Manager Agreement (Resource Real Estate Opportunity REIT, Inc.)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Dealer-Manager and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that the term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Atlas America Public # 14-2004 Program), Limited Partnership Agreement (Atlas America Public 11-2002 LTD), Dealer Manager Agreement (Atlas America Public 12 2003 Program)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, parties to this Agreement and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither , and no party to this Agreement shall be liable or bound to the other by any agreement agreement, except as specifically set forth in this Agreement. (b) The Managing General Partner and you Any party to this Agreement may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreementcondition. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.. Xxxxxxxx Securities, Inc. 12 Selling Dealer Agreement

Appears in 2 contracts

Samples: Dealer Manager Agreement (LEAF Equipment Leasing Income Fund III, L.P.), Dealer Manager Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Dealer- Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Dealer-Manager and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that the term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 2 contracts

Samples: Dealer Manager Agreement (Atlas America Public # 14-2004 Program), Dealer Manager Agreement (Atlas America Public # 14-2004 Program)

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Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.. Xxxxx Funding, Inc. 13 Dealer-Manager Agreement

Appears in 1 contract

Samples: Dealer Manager Agreement (Atlas America Public 11-2002 LTD)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, parties to this Agreement and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither , and no party to this Agreement shall be liable or bound to the other by any agreement agreement, except as specifically set forth in this Agreement.. Selling Dealer Agreement (b) The Managing General Partner and you Any party to this Agreement may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreementcondition. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Dealer Manager Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this 15 Anthem Securities, Inc. Dealer-Manager Agreement Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Dealer Manager Agreement (Atlas America Public # 14-2004 Program)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner Dealer-Manager and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that the term or condition of this Agreement. Also, any failure to enforce Anthem Securities, Inc. 10 Selling Agent Agreement any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.

Appears in 1 contract

Samples: Dealer Manager Agreement (Atlas America Public 11-2002 LTD)

Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing. Neither party to this Agreement shall be liable or bound to the other by any agreement except as specifically set forth in this Agreement. (b) The Managing General Partner and you may waive, but only in writing, any term, condition, or requirement under this Agreement that is intended for its benefit. However, any written waiver of any term or condition of this Agreement shall not operate as a waiver of any other breach of that term or condition of this Agreement. Also, any failure to enforce any provision of this Agreement shall not operate as a waiver of that provision or any other provision of this Agreement.. Anthem Securities, Inc. 15 Dealer-Manager Agreement

Appears in 1 contract

Samples: Dealer Manager Agreement (Atlas America Public # 14-2004 Program)

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