Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 11 contracts
Samples: Certification Mark License Agreement, Non Exclusive License Agreement, License Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as with respect to the subject matter of thereof, and supersedes any previous agreements and understandings. Except as provided in this Agreement. This , this Agreement may can be changed only by a writing executed written agreement signed by both parties that expressly states that it is changing the provisions of this Agreementall parties. The A party's waiver of a breach of any provision term or condition of this Agreement will shall not operate or be interpreted as deemed a waiver of any other subsequent breach of the same or subsequent breachanother term or condition.
Appears in 11 contracts
Samples: Sub Merchant Processing Agreement, Terms of Use and End User License Agreement, Merchant Terms & Conditions
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties parties, and supersedes any and all oral or written agreements or understandings between the parties parties, as to the subject matter of this the Agreement. This Agreement may be changed only by a writing executed signed by both parties that expressly states that it is changing the provisions of this Agreementparties. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 6 contracts
Samples: Referral Agreement, Referral Agreement, Referral Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of between the parties and supersedes any and all oral or written prior agreements or understandings understanding between the parties as to the subject matter of this Agreementthem. This Agreement may not be changed only modified in any manner unless in writing and signed by a writing executed by both parties that expressly states that it the party against whom enforcement thereof is changing the provisions of this Agreementsought. The No waiver of a any breach of any provision or condition of this Agreement will not operate or shall be interpreted as deemed to be a waiver wavier of any other subsequent breach or subsequent breachcondition of a like or different nature.
Appears in 6 contracts
Samples: Subscription Agreement (Golden River Resources Corp.), Subscription Agreement (Golden River Resources Corp.), Subscription Agreement (Legend International Holdings Inc)
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed Executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 5 contracts
Samples: License Agreement, Sunspec Certified Agreement, License Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as pertaining to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both There are no warranties, representations or other agreements between the parties that expressly states that it is changing the provisions of in connection with such subject matter except as specifically set forth or referred to in this Agreement. The No amendment, waiver or termination of a breach this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement will not operate or be interpreted as shall constitute a continuing waiver of any other or subsequent breachunless otherwise expressly provided.
Appears in 4 contracts
Samples: Exchange Agreement (Global Asset Holdings Inc), Exchange Agreement (Global Asset Holdings Inc), Exchange Agreement (Teltran International Group LTD)
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of between the parties and supersedes any all previous and all oral or written agreements or understandings between the parties as collateral agreements, arrangements, understandings, representations, warranties, promises, terms and conditions relating to the subject matter of this Agreement. This Agreement may be changed only Waiver by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach party of any provision of this Agreement default by the other will not operate or be interpreted as deemed a waiver of any other or subsequent breachdefault irrespective of whether the default is similar.
Appears in 4 contracts
Samples: Provider User Agreement, Provider User Agreement, Provider User Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as with respect to the subject matter of discussed in this Agreement and supersedes any previous agreements and understandings. Except as provided in this Agreement. This , this Agreement may can be changed only by a writing executed written agreement signed by both parties that expressly states that it is changing the provisions of this Agreementall parties. The A party's waiver of a breach of any provision term or condition of this Agreement will not operate or be interpreted as deemed a waiver of any other subsequent breach of the same or subsequent breachanother term or condition.
Appears in 3 contracts
Samples: Merchant Terms & Conditions, Merchant Terms & Conditions, Merchant Terms & Conditions
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of between the parties and supersedes any and all oral or written prior agreements or understandings understanding between the parties as to the subject matter of this Agreementthem. This Agreement may not be changed only modified in any manner unless in writing and signed by a writing executed by both parties that expressly states that it the party against whom enforcement thereof is changing the provisions of this Agreementsought. The No waiver of a any breach of any provision or condition of this Agreement will not operate or shall be interpreted as deemed to be a waiver of any other subsequent breach or subsequent breachcondition of a like or different nature.
Appears in 3 contracts
Samples: Subscription Agreement (Legend International Holdings Inc), Subscription Agreement (Legend International Holdings Inc), Subscription Agreement (Legend International Holdings Inc)
Entire Agreement; Waiver. This The Agreement sets forth constitutes the entire understanding and agreement of the parties hereto and supersedes any and all written or oral agreements, representations, or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreementunderstanding. The waiver or failure of either party to exercise in any respect any right provided hereunder shall not be deemed a breach waiver of any provision of this Agreement will not operate such right in the future or be interpreted as a waiver of any other or subsequent breachrights established under the Agreement.
Appears in 3 contracts
Samples: Service Agreement, Agreement for Services, Services Agreements
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as with respect to the subject matter of thereof and supersedes any previous agreements and understandings. Except as provided in this Agreement. This , this Agreement may can be changed only by a writing executed written agreement signed by both parties that expressly states that it is changing the provisions of this Agreementall parties. The A party’s waiver of a breach of any provision term or condition of this Agreement will shall not operate or be interpreted as deemed a waiver of any other subsequent breach of the same or subsequent breachanother term or condition.
Appears in 3 contracts
Samples: Merchant Agreement, Sub Merchant Processing Agreement, Sub Merchant Processing Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing written agreement executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 2 contracts
Samples: Trademark License Agreement, Commercial Vendor License Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes and contains the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or prior and contemporaneous agreements, negotiations, correspondence, understandings and communications between the parties as to parties, whether written or oral, respecting the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreementhereof. The waiver failure of a breach of any provision of either party to enforce its rights under this Agreement will at any time for any period shall not operate or be interpreted construed as a waiver of any other such rights. No changes, modifications or subsequent breachwaivers are to be made to this Agreement unless evidenced in writing and signed for and on behalf of both parties by an authorized representative.
Appears in 2 contracts
Samples: Technology Partner Agreement, Onshape Consulting Partner Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties parties, as to the subject matter of this Agreement. This Agreement may be amended, modified or changed only by a writing executed signed by both parties that expressly states that it is changing the provisions of this Agreementparties. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 2 contracts
Samples: Subscription Agreement, Software as a Service Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: Licensing Agreement
Entire Agreement; Waiver. This Agreement sets forth contains the sole and entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as Parties with respect to the its subject matter of this Agreementmatter. This Agreement may not be changed only or terminated or any performance or condition waived, in whole or in part, except by a agreement in writing executed signed by both parties that expressly states that it is changing all of the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breachParties.
Appears in 1 contract
Samples: Voting Agreement (Verticalbuyer Inc)
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of between the parties Parties regarding the subject hereof and supersedes any all prior or contemporaneous agreements, understandings, and all communication, whether written or oral or written agreements or understandings between the parties as with respect to the subject matter of this Agreementhereof. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The Any waiver of a breach of or failure to enforce any provision of this Agreement on one occasion will not operate or be interpreted as deemed a waiver of any other provision or subsequent breach.of such provision on any other occasion. 12.7
Appears in 1 contract
Samples: Listing Agreement (Blockstack PBC)
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties Parties, and supersedes any and all oral or written agreements or understandings between the parties Parties, as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. This Agreement may only be changed by written agreement of the Parties.
Appears in 1 contract
Samples: Affiliate Agreement (MyDx, Inc.)
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties parties, and supersedes any and all oral or written agreements or understandings between the parties parties, as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: Surveygizmo Services Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of between the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: License Agreement
Entire Agreement; Waiver. This Agreement sets forth represents the entire understanding and agreement of between the parties parties, may only be amended by a written agreement signed by both parties, and supersedes any all prior agreements and all oral or written agreements or understandings between the parties as with respect to the subject matter of this Agreement. This Agreement may be changed only matters covered by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a one breach of or default or any provision of this Agreement will delay in exercising any rights shall not operate or be interpreted as constitute a waiver of any other subsequent breach or subsequent breachdefault.
Appears in 1 contract
Entire Agreement; Waiver. This Except as otherwise provided herein, this Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties parties, as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: Mobile Check Deposit Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as with respect to the subject matter of thereof, and supersedes any previous agreements and understandings. Except as provided in this Agreement. This , this Agreement may can be changed only by a writing executed written agreement signed by both parties that expressly states that it is changing the provisions of this Agreementall parties. The A party's waiver of a breach of any provision term or condition of this Agreement will shall not operate or be interpreted as a waiver of any other or subsequent breach.deemed a
Appears in 1 contract
Samples: Merchant Terms & Conditions
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed Executed by both parties that expressly states that it is changing the provisions of this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.or
Appears in 1 contract
Samples: Sunspec Certified Agreement
Entire Agreement; Waiver. This Agreement sets forth constitutes the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings Agreement between the parties as with respect to the subject matter of this Agreementthereof and supersedes any previous agreements and understandings. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this Agreement. The A party’s waiver of a breach of any provision term or condition of this Agreement will shall not operate or be interpreted as deemed a waiver of any other subsequent breach of the same or subsequent breachanother term or condition.
Appears in 1 contract
Samples: Master Services Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements agree- ments or understandings between the parties as to the subject matter of this Agreement. This Agreement may be changed only by a writing executed by both parties that expressly states that it is changing the provisions of this AgreementAgree- ment. The waiver of a breach of any provision of this Agreement will not operate oper- ate or be interpreted as a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: License Agreement
Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties parties, and supersedes any and all prior or contemporaneous oral or written agreements agreement or understandings between the parties parties, as to the subject matter of this Agreement. This Agreement may be changed Except as provided herein, only by a writing executed signed by both parties that expressly states that it is changing the provisions of may modify this Agreement. The waiver Waiver by either party of a breach of any provision of this Agreement will not operate or contained herein must be interpreted in writing, and no such waiver shall be construed as a waiver of any other breach of such provision or subsequent breacha waiver of the provision itself.
Appears in 1 contract