Common use of Entire Agreement; Waiver Clause in Contracts

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's waiver of a breach of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or another term or condition.

Appears in 11 contracts

Samples: Sub Merchant Processing Agreement, Autobooks Terms of Use and End User License Agreement, Merchant Services Agreement for Sub

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Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this . This Agreement can may be changed only by a written agreement signed writing executed by all partiesboth parties that expressly states that it is changing the provisions of this Agreement. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 11 contracts

Samples: Certification Mark License Agreement, Non Exclusive License for Use of School Wordmarks and Logos, License Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof the Agreement. Except as provided in this Agreement, this This Agreement can may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 6 contracts

Samples: Agreement for Referral Services, Agreement for Referral Services, Agreement for Referral Services

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this . This Agreement can may be changed only by a written agreement signed writing Executed by all partiesboth parties that expressly states that it is changing the provisions of this Agreement. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 6 contracts

Samples: Sunspec Alliance Certification Mark License Agreement, Sunspec Certified Agreement, Sunspec Certified Agreement

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, and supersedes any previous prior agreements or understanding between them. This Agreement may not be modified in any manner unless in writing and understandings. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all partiesthe party against whom enforcement thereof is sought. A party's No waiver of a any breach of any term or condition of this Agreement shall not be deemed to be a waiver wavier of any subsequent breach or condition of the same a like or another term or conditiondifferent nature.

Appears in 6 contracts

Samples: Subscription Agreement (Golden River Resources Corp.), Subscription Agreement (Golden River Resources Corp.), Subscription Agreement (Golden River Resources Corp.)

Entire Agreement; Waiver. This Agreement constitutes (including its Exhibits) sets forth the entire understanding and agreement of the parties, and supersede any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof such Agreements. Except as provided in this Agreement, this Agreement can It may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 4 contracts

Samples: Services Agreement (Intersections Inc), Services Agreement (Intersections Inc), Intersections Inc

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, thereof and supersedes any previous agreements and understandings. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's ’s waiver of a breach of any term or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or another term or condition.

Appears in 3 contracts

Samples: Merchant Agreement Terms and Conditions, Merchant Agreement Terms and Conditions, Merchant Agreement Terms and Conditions

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, and supersedes any previous prior agreements or understanding between them. This Agreement may not be modified in any manner unless in writing and understandings. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all partiesthe party against whom enforcement thereof is sought. A party's No waiver of a any breach of any term or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach or condition of the same a like or another term or conditiondifferent 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 constitutes the entire agreement between understanding of the parties with respect to the subject matter thereof, hereto and supersedes any previous agreements and understandingsall written or oral agreements, representations, or understanding. Except as The waiver or failure of either party to exercise in any respect any right provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's waiver of a breach of any term or condition of this Agreement hereunder shall not be deemed a waiver of such right in the future or a waiver of any subsequent breach of other rights established under the same or another term or conditionAgreement.

Appears in 3 contracts

Samples: Agreement for Service, Agreement for Service, Agreement for Services

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof, discussed in this Agreement and supersedes any previous agreements and understandings. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's waiver of a breach of any term or condition of this Agreement shall will not be deemed a waiver of any subsequent breach of the same or another term or condition.

Appears in 3 contracts

Samples: Sub Merchant Processing Agreement, Merchant Services Agreement for Sub, Merchant Services Agreement for Sub

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement. This Agreement may be amended, this Agreement can be modified or changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 2 contracts

Samples: www.topdesk.com, www.topdesk.com

Entire Agreement; Waiver. This Agreement constitutes the entire contains a complete integrated understanding and agreement between the parties with respect to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided understanding, agreement, or negotiations whether oral or written not set forth herein or in this Agreement, this Agreement can be changed only any written amendments hereto duly executed by a written agreement signed by all both parties. A party's waiver It is also agreed by the parties that the forgiveness of a breach the nonperformance of any term or condition provision of this Agreement shall does not be deemed constitute a waiver of any subsequent breach the provisions of the same or another term or conditionthis Agreement.

Appears in 2 contracts

Samples: Maple Valley Agreement, City of Langley Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof this Agreement. Except as otherwise provided in this Agreementherein, this Agreement can it may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 2 contracts

Samples: Distribution and Fulfillment Agreement (N Gen Solutions Com Inc), Distribution and Fulfillment Agreement (Audio Highway-Com)

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all prior or contemporaneous oral or written agreement or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof this Agreement. Except as provided in herein, only a writing signed by both parties may modify this Agreement, this Agreement can be changed only . Waiver by a written agreement signed by all parties. A party's waiver either party of a breach of any term or condition of this Agreement provision contained herein must be in writing, and no such waiver shall not be deemed construed as a waiver of any subsequent other breach of such provision or a waiver of the same or another term or conditionprovision itself.

Appears in 1 contract

Samples: Deem Cloud and Mobile Car Service Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can . It may be changed only by a written agreement writing signed by all partiesTown Pages and Xxx-Xxxx.xxx. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Automotive Services Agreement (Town Pages Holdings PLC)

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement between the parties with respect and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this . This Agreement can may be changed only by a written agreement signed writing executed by all partiesboth parties that expressly states that it is changing the provisions of this Agreement. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: License Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof the Agreement. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Surveygizmo Standard Terms of Use Surveygizmo Services Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, . Only a writing executed by both parties that expressly states that it is changing the provisions of this Agreement can be changed only by a written agreement signed by all partiesmay change this Agreement. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Certification Mark License Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereofof the Agreement. Without limiting the generality of the foregoing, and supersedes any previous agreements and understandings. Except the Letter of Intent dated December 9, 1999 is hereby terminated as provided in of the Effective Date of this Agreement, this . This Agreement can may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Branding and Promotion Agreement (E Stamp Corp)

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Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereofof this Agreement. This Agreement shall control over any conflicting provisions of any purchase order or other business form, and supersedes any previous agreements and understandingssuch conflicting provisions are expressly rejected. Except as provided in this Agreement, this This Agreement can may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Co Marketing Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this . This Agreement can may be changed only by a written agreement signed executed by all partiesboth parties that expressly states that it is changing the provisions of this Agreement. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Commercial Vendor License Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the Parties, and supersedes any and all oral or written agreements or understandings between the parties with respect Parties, as to the subject matter thereof, and supersedes any previous agreements and understandingsof the Agreement. Except as provided in this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach breach. This Agreement may only be changed by written agreement of the same or another term or condition.Parties. EXHIBIT B

Appears in 1 contract

Samples: Mydx Affiliate Program Agreement (MyDx, Inc.)

Entire Agreement; Waiver. This Except as otherwise provided herein, this Agreement constitutes sets forth the entire understanding and agreement and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Mobile Check Deposit Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agree- ments or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this . This Agreement can may be changed only by a written agreement signed writing executed by all partiesboth parties that expressly states that it is changing the provisions of this Agree- ment. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not oper- ate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Openfabrics Logo Agreement

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can . It may be changed only by a written agreement writing signed by all partiesTown Pages and xxxxxxxxxxxxxxx.xxx. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Retail Mall Services Agreement (Town Pages Holdings PLC)

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can . It may be changed only by a written agreement writing signed by all partiesTown Pages and xxxxxxxxxxxxx.xxx. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Health Services Agreement (Town Pages Holdings PLC)

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties with respect as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can be changed only by a written agreement signed by all parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Whereas

Entire Agreement; Waiver. This Agreement constitutes represents the entire agreement between the parties with respect to the subject matter thereofparties, and supersedes any previous agreements and understandings. Except as provided in this Agreement, this Agreement can may only be changed only amended by a written agreement signed by both parties, and supersedes all partiesprior agreements and understandings with respect to the matters covered by this Agreement. A party's The waiver of a one breach of or default or any term or condition of this Agreement delay in exercising any rights shall not be deemed constitute a waiver of any subsequent breach of the same or another term or conditiondefault.

Appears in 1 contract

Samples: Master Agreement (Quantum Group Inc /Fl)

Entire Agreement; Waiver. This Agreement constitutes sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties with respect parties, as to the subject matter thereof, and supersedes any previous agreements and understandings. Except as provided in of this Agreement, this Agreement can . It may be changed only by a written agreement writing signed by all partiesTown Pages and Travel the net. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach of the same or another term or conditionbreach.

Appears in 1 contract

Samples: Travel Services Agreement (Town Pages Holdings PLC)

Entire Agreement; Waiver. This Agreement constitutes Agreement, including all documents --------------------------- referred to herein, sets forth the entire understanding and agreement between of the parties with respect to the subject matter thereofparties, and supersedes any previous and all oral, or written agreements and understandingsor understandings between the parties. Except as provided in this Agreement, this This Agreement can may be changed only by a written agreement writing signed by all both parties. A party's The waiver of a breach of any term or condition provision of this Agreement shall will not operate or be deemed interpreted as a waiver of any other or subsequent breach breach. In the event of a conflict between this Agreement and any Appendices attached hereto, the same or another term or conditionterms in the Agreement shall control.

Appears in 1 contract

Samples: Promotions Agreement (Nicklebys Com Inc)

Entire Agreement; Waiver. This Agreement constitutes Agreement, including all documents referred to herein, sets forth the entire understanding and agreement between of the parties with respect to the subject matter thereofParties, and supersedes any previous and all oral or written agreements and understandingsor understandings between the Parties. Except as provided in this Agreement, this This Agreement can may be changed only by a written agreement writing signed by all partiesboth Parties. A party's waiver of a breach Failure of any term or condition of Party to this Agreement to exercise any rights shall not be deemed constitute a waiver of any subsequent breach of the same or another term or conditionthose rights.

Appears in 1 contract

Samples: Registration Allocation Agreement

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