Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company and you, except as set forth in Sections 1 and 4 hereof. 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 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 10 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 Company Dealer Manager and youDealer, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company Dealer Manager and you, except as set forth in Sections 1 and 4 hereofDealer. 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 Company Dealer Manager and you Dealer 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 7 contracts
Samples: Dealer Manager Agreement (Resource Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Innovation Office REIT, Inc.), Dealer Manager Agreement (Resource Innovation Office REIT, Inc.)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company and you, except as set forth in Sections 1 and 4 hereofwriting. 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.. Anthem Securities, Inc. 13 Dealer-Manager Agreement
(b) The Company 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 2 contracts
Samples: Dealer Manager Agreement (Atlas America Public 11-2002 LTD), Dealer Manager Agreement (Atlas America Public 11-2002 LTD)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Fund and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company Fund and you, except as set forth in Sections 1 and 4 hereof. 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 Company 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 2 contracts
Samples: Dealer Manager Agreement (Resource Credit Income Fund), Dealer Manager Agreement (Resource Real Estate Diversified Income Fund)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by between the Company Dealer-Manager and you, except as set forth in Sections 1 and 4 hereof. 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 Company 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 same term or condition of this Agreement. , unless specifically provided to the contrary in the waiver, or a breach of any other 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 2 contracts
Samples: Dealer Manager Agreement (MDS Energy Public 2014-B Lp), Dealer Manager Agreement (MDS Energy Public 2014-B Lp)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement MDS Securities, LLC Selling Dealer Agreement 12 executed in writing by between the Company Dealer-Manager and you, except as set forth in Sections 1 and 4 hereof. 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 Company 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 same term or condition of this Agreement. , unless specifically provided to the contrary in the waiver, or a breach of any other 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 2 contracts
Samples: Dealer Manager Agreement, Dealer Manager Agreement (MDS Energy Public 2013-B Lp)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Managing General Partner and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company and you, except as set forth in Sections 1 and 4 hereofwriting. 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.. Anthem Securities, Inc. Dealer-Manager Agreement
(b) The Company 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 1 contract
Samples: Dealer Manager Agreement (Atlas Resources Public #19-2011 (C) L.P.)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Dealer-Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by the Company and you, except as set forth in Sections 1 and 4 hereofwriting. 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.. Anthem Securities, Inc. Selling Agent Agreement
(b) The Company 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 1 contract
Samples: Dealer Manager Agreement (Atlas America Public 12 2003 Program)
Entire Agreement; Waiver. (a) This Agreement constitutes the entire agreement between the Company Dealer Manager and you, and shall not be amended or modified in any way except by subsequent agreement executed in writing by between the Company Dealer Manager and you, except as set forth in Sections 1 and 4 hereof. 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 Company 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 same term or condition of this Agreement. , unless specifically provided to the contrary in the waiver, or a breach of any other 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 1 contract
Samples: Dealer Manager Agreement (MDS Energy Public 2014-B Lp)
Entire Agreement; Waiver. (a) This Agreement, along with the Nondisclosure Agreement to be concurrently signed by the parties, constitutes the entire agreement Agreement between the Company parties hereto and you, and shall supersedes all prior Agreements relating to the subject matter hereof. This Agreement may not be amended or modified in any way except by subsequent agreement Agreement executed in writing by writing. Either the Company and you, except as set forth or the MDB may waive in Sections 1 and 4 hereof. 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 Company and you may waive, but only in writing, writing any term, condition, or requirement under this Agreement that which is intended for its own benefit. However, any and written waiver of any breach of such term or condition of this Agreement shall not operate as a waiver of any other breach of that such term or condition of this Agreement. Alsocondition, nor shall any failure to enforce any provision of this Agreement shall not hereof operate as a waiver of that such provision or of any other provision of this Agreementhereof.
Appears in 1 contract