Common use of Entire Agreement Clause in Contracts

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 1206 contracts

Samples: Collateral Management Agreement (Varagon Capital Corp), Collateral Management Agreement (MSD Investment Corp.), Receivables Pooling Agreement (PennyMac Mortgage Investment Trust)

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Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 576 contracts

Samples: Dealer Manager Agreement (Applied Digital Corp.), Dealer Manager Agreement (Creative Media & Community Trust Corp), Dealer Manager Agreement (Applied Digital Corp.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 223 contracts

Samples: Exchange Agreement (Greystone Housing Impact Investors LP), Portfolio Purchase Agreement (Greystone Housing Impact Investors LP), Advisory Agreement (New Mountain Net Lease Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 205 contracts

Samples: Advisory Agreement (KBS Real Estate Investment Trust III, Inc.), Advisory Agreement (KBS Growth & Income REIT, Inc.), Management Agreement (Park View OZ REIT Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 166 contracts

Samples: Advisory Agreement (Nexpoint Real Estate Strategies Fund), Investment Management Agreement (BlackRock TCP Capital Corp.), Investment Advisory Agreement (BlackRock Private Credit Fund)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing signed by each of the parties hereto.

Appears in 100 contracts

Samples: Advisory Management Agreement (MacKenzie Realty Capital, Inc.), Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.), Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 97 contracts

Samples: Investor Support Services Agreement (Ares Dynamic Credit Allocation Fund, Inc.), Closed End Fund Distribution Services Agreement (DoubleLine Shiller CAPE Enhanced Income Fund), Closed End Fund Distribution Services Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous servicing agreements, understandings, inducements and conditions, express expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofthereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 77 contracts

Samples: Servicing Agreement (Wells Fargo Asset Securities Corp), Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-13 Trust), Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-Ar15 Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereofof this Agreement, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofof this Agreement. The express terms hereof of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofof this Agreement. This Agreement may not be modified or amended other than by an agreement in writing signed by the parties hereto.

Appears in 72 contracts

Samples: Operating Agreement (Apollo Asset Backed Credit Co LLC), Operating Agreement (Apollo Asset Backed Credit Co LLC), Operating Agreement (Apollo Asset Backed Credit Co LLC)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 66 contracts

Samples: Memorandum of Understanding, Wedding Photography Contract, Memorandum of Understanding

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereofof this Agreement, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofof this Agreement. The express terms hereof of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofof this Agreement.

Appears in 62 contracts

Samples: Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Advisory Agreement (Lightstone Value Plus REIT V, Inc.), Management Agreement (Claros Mortgage Trust, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the MOU (solely with respect to those portions of this Agreement that are not assigned to the Trustee), the Xxxx of Sale and the Indemnification Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 54 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2022-B34 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2022-B34 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2022-B34 Mortgage Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the Letter of Understanding, the Indemnification Agreement and the Pooling and Servicing Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 48 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Dean Witter Capital I Inc), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Iq14), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Iq16)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 43 contracts

Samples: Exclusive Dealer Manager Agreement, Advisory Agreement (Steadfast Apartment REIT III, Inc.), Advisory Agreement (Steadfast Apartment REIT, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandingsagreements and understandings between the parties, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 33 contracts

Samples: Employment Agreement (Providence Service Corp), Employment Agreement (Providence Service Corp), Employment Agreement (Providence Service Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 21 contracts

Samples: Stock Option Agreement (Universal Capital Management, Inc.), Stock Option Agreement (Theater Xtreme Entertainment Group, Inc), Stock Option Agreement (Universal Capital Management, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the MOU (solely with respect to those portions of this Agreement that are not assigned to the Trustee), the Bill of Sale and the Indemnification Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 20 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2024-V11 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V11 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V11 Mortgage Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing by all of the parties hereto.

Appears in 18 contracts

Samples: Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (Prospect Capital Corp), Dealer Manager Agreement (Terra Income Fund 6, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 16 contracts

Samples: Master Modification Agreement (Behringer Harvard Multifamily Reit I Inc), Master Modification Agreement (Behringer Harvard Reit I Inc), Transition Services Agreement (Behringer Harvard Multifamily Reit I Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 16 contracts

Samples: Consulting Agreement (Zero Gravity Solutions, Inc.), Non Competition Agreement, Consulting Agreement (Marinemax Inc)

Entire Agreement. This Agreement contains the entire agreement Agreement and understanding among the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 15 contracts

Samples: Payment Agreement, Referral Agreement, Referral Agreement

Entire Agreement. This Agreement contains the entire agreement is complete and understanding among the parties hereto with respect to the subject matter hereofherein, and supersedes all and any prior and contemporaneous agreements, understandings, inducements and conditions, express expressed or implied, oral written or writtenoral, of any nature whatsoever with respect to the subject matter hereofherein. - The express expressed terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofherein.

Appears in 14 contracts

Samples: Founders Agreement, Freelance Contract, Shareholder Agreement

Entire Agreement. This Agreement contains (including the Initial Trading Instructions) constitutes the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and any previous or contemporaneous agreements, understandings, inducements and conditions, express proposals or implied, oral or written, of any nature whatsoever promises with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofthereto, whether written or oral.

Appears in 12 contracts

Samples: Purchase Trading Plan Agreement (Primoris Services CORP), Purchase Trading Plan Agreement (Steel Partners Ii Lp), Purchase Trading Plan Agreement (Steel Partners Ii Lp)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the MOU (solely with respect to those portions of this Agreement that are not assigned to the Trustee), the Cross Receipt and the Indemnification Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 11 contracts

Samples: Mortgage Loan Purchase Agreement (CF 2019-Cf3 Mortgage Trust), Mortgage Loan Purchase Agreement (CF 2019-Cf3 Mortgage Trust), Mortgage Loan Purchase Agreement (CF 2019-Cf3 Mortgage Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing signed by each party hereto.

Appears in 11 contracts

Samples: Advisory Agreement (Hartman vREIT XXI, Inc.), Advisory Agreement (Resource Income Opportunity REIT, Inc.), Advisory Agreement (Hartman vREIT XXI, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior agreements and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 11 contracts

Samples: Employment Agreement (Brandywine Operating Partnership Lp /Pa), Employment Agreement (Brandywine Realty Trust), Employment Agreement (Brandywine Realty Trust)

Entire Agreement. This Agreement contains the entire ---------------- agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 10 contracts

Samples: Trust Agreement (Structured Asset Securities Corporation), Trust Agreement (Structured Asset Securities Corporation), Trust Agreement (Structured Asset Securities Corp/Ny)

Entire Agreement. This Agreement contains sets forth the entire agreement and understanding between and among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, whether express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof shall control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 9 contracts

Samples: Employment Agreement (Valesc Inc), Employment Agreement (Valesc Inc), Employment Agreement (Valesc Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (Enterprise Diversified, Inc.), Merger Agreement (Commonwealth Telephone Enterprises Inc /New/), Merger Agreement (Commonwealth Telephone Enterprises Inc /New/)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 8 contracts

Samples: Exchange Agreement (Delta International Mining & Exploration Inc), Exchange Agreement (Delta International Mining & Exploration Inc), Asset Purchase Agreement (Roo Group Inc)

Entire Agreement. This Agreement contains constitutes the entire agreement and understanding among of the parties hereto Member with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofthereto. The express terms hereof of this Agreement control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 7 contracts

Samples: Operating Agreement (Cornell Real Estate Holdings, LLC), Operating Agreement, Operating Agreement (Young Touchstone Co)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage provision in the Warrant Certificate concerning the duties, obligations and immunities of the trade inconsistent with any of the terms hereofWarrant Agent.

Appears in 7 contracts

Samples: Warrant Agent Agreement (Incannex Healthcare Inc.), Warrant Agent Agreement (FGI Industries Ltd.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)

Entire Agreement. This Agreement contains the entire agreement is complete and understanding among the parties hereto with respect to the subject matter hereofherein, and supersedes all and any prior and contemporaneous agreements, understandings, inducements and conditions, express expressed or implied, oral written or writtenoral, of any nature whatsoever with respect to the subject matter hereofherein. The express expressed terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofherein.

Appears in 6 contracts

Samples: Articles of Organization, Partnership Agreements, Freelance Contract

Entire Agreement. This Agreement contains the entire agreement ---------------- and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 6 contracts

Samples: Management Agreement (Anworth Mortgage Asset Corp), Management Agreement (Healthcare Financial Partners Inc), Management Agreement (Imperial Credit Commercial Mortgage Investment Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the MOU (solely with respect to those portions of this Agreement that are not assigned to the Trustee), the Bxxx of Sale and the Indemnification Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (Benchmark 2020-B22 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2018-B4 Mortgage Trust), Mortgage Loan Purchase Agreement (CD 2016-Cd1 Mortgage Trust)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 6 contracts

Samples: Advisory Agreement (NorthStar/RXR New York Metro Real Estate, Inc.), Advisory Agreement (NorthStar/RXR New York Metro Income, Inc.), Advisory Agreement (NorthStar/RXR New York Metro Income, Inc.)

Entire Agreement. This Agreement contains constitutes the entire understanding and agreement and understanding among of the parties hereto Parties with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, agreements or understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the Parties with respect to the subject matter hereofhereto. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 6 contracts

Samples: Share Exchange Agreement (Republic Power Group LTD), Share Exchange Agreement (Crucial Innovations, Corp.), Share Exchange Agreement (American Education Center, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 6 contracts

Samples: Registration Agreement (Action Performance Companies Inc), Registration Agreement (Asr Investments Corp), Registration Agreement (Action Performance Companies Inc)

Entire Agreement. This Agreement contains constitutes the entire understanding and agreement and understanding among of the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, agreements or understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 5 contracts

Samples: Consulting Agreement (Phoenix Footwear Group Inc), Consulting Agreement (Phoenix Footwear Group Inc), Registration Rights Agreement (Phoenix Footwear Group Inc)

Entire Agreement. This Agreement contains constitutes the entire agreement and understanding among between the parties hereto with respect to concerning the subject matter hereof, hereof and supersedes all written or oral prior and contemporaneous agreements, understandings, inducements and conditions, express agreements or implied, oral or written, of any nature whatsoever understandings with respect to the subject matter hereofthereto. The express terms hereof control and supersede any No course of performance and/or dealing or usage of the trade inconsistent with any of shall be used to modify the terms hereof.

Appears in 5 contracts

Samples: Service Agreement, Service Agreement, Supply Agreement (Iomed Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof and thereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofhereof and thereof.

Appears in 5 contracts

Samples: Management Agreement (Hunt Companies Finance Trust, Inc.), Support Agreement (Hunt Companies Finance Trust, Inc.), Support Agreement (Hunt Companies Finance Trust, Inc.)

Entire Agreement. This Agreement contains and the exhibits hereto constitute ---------------- the entire understanding and agreement and understanding among of the parties hereto with respect to the subject matter hereof, hereof and supersedes supersede all prior and contemporaneous agreements, agreements or understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever with respect to between the subject matter hereofparties. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 4 contracts

Samples: Merger Agreement (Asymetrix Learning Systems Inc), Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc), Reorganization Agreement (Asymetrix Learning Systems Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or writtenwritten (including without limitation, of any nature whatsoever with respect to the subject matter hereofOld Employment Agreement), except as herein contained, which shall be deemed terminated effective immediately. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 4 contracts

Samples: Employment Agreement (Cellstar Corp), Employment Agreement (Cellstar Corp), Employment Agreement (Cellstar Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein provided. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 4 contracts

Samples: Voting Trust Agreement, Voting Trust Agreement (Ict Group Inc), Voting Trust Agreement (Ict Group Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof, including, without limitation, the Prior Advisory Agreement. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 4 contracts

Samples: Advisory Agreement (Invesco Real Estate Income Trust Inc.), Advisory Agreement (Invesco Real Estate Income Trust Inc.), Advisory Agreement (Invesco Real Estate Income Trust Inc.)

Entire Agreement. This Agreement contains the entire agreement and ---------------- understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 4 contracts

Samples: Advisory Agreement (Wells Real Estate Investment Trust Inc), Management Agreement (Apex Mortgage Capital Inc), Advisory Agreement (Wells Real Estate Investment Trust Inc)

Entire Agreement. This Agreement contains (including the annexes and schedules constituting a part of this Agreement) constitutes the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandingsunderstandings and negotiations, inducements both written and conditionsoral, express or implied, oral or written, of any nature whatsoever between the parties with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 4 contracts

Samples: Services Agreement (RCS Capital Corp), Services Agreement (RCS Capital Corp), Services Agreement (RCS Capital Corp)

Entire Agreement. This Agreement together with the related agreements referred to herein contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 4 contracts

Samples: Shareholder Agreement (Solar Night Industries, Inc.), Stock Purchase Agreement (Vertical Computer Systems Inc), Stock Purchase Agreement (Silk Botanicals Com Inc)

Entire Agreement. This Assignment Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 4 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2007-8), Assignment and Assumption Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc3), Assignment and Assumption Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc4)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. Moreover, the parties to this Agreement waive reliance on any representation made by any other party, whether orally or in writing, prior to the execution of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Apollo Debt Solutions BDC), Credit Agreement (Blackstone Private Credit Fund), Credit Agreement (Blackstone Private Credit Fund)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandingsagreements and understanding, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or and /or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 4 contracts

Samples: Supply Agreement (Stein Mart Inc), Supply Agreement (Retail Ventures Inc), Supply Agreement (DSW Inc.)

Entire Agreement. This Agreement (including the Exhibit attached hereto) contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofof this Agreement, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofof this Agreement. The express terms hereof of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 3 contracts

Samples: Consulting Agreement (Unicapital Corp), Consulting Agreement (Unicapital Corp), Consulting Agreement (Unicapital Corp)

Entire Agreement. This Agreement contains constitutes the entire agreement and understanding among the parties hereto Members with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofthereto. The express terms hereof of this Agreement control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Operating Agreement (Noble Advisors, LLC), Operating Agreement (DLP Positive Fixed Returns Fund LLC), Limited Liability Operating Agreement

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or and usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 3 contracts

Samples: Exclusive Dealer Manager Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Exclusive Dealer Manager Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Exclusive Dealer Manager Agreement (BDCA Senior Capital, Inc.)

Entire Agreement. This Amended Agreement contains the entire agreement and understanding among between the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.), Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.), Sub Advisory Agreement (InPoint Commercial Real Estate Income, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Corporate Services Agreement, Cost Sharing Agreement (Energy Resources 12, L.P.), Corporate Services Agreement

Entire Agreement. This Agreement Agreement, including its Exhibits, contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. Notwithstanding the foregoing, nothing herein shall limit the application of any generally applicable Company policy, practice, plan or the terms of any manual or handbook applicable to the Company’s employees generally.

Appears in 3 contracts

Samples: Executive Employment Agreement (Ocugen, Inc.), Executive Employment Agreement (Histogenics Corp), Executive Employment Agreement (Histogenics Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, hereof and supersedes supersede all prior agreements and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Employment Agreement (Coactive Marketing Group Inc), Employment Agreement (Coactive Marketing Group Inc), Employment Agreement (Coactive Marketing Group Inc)

Entire Agreement. This Agreement together with the ----------------- related agreements referred to herein contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Silk Botanicals Com Inc), Asset Purchase Agreement (Silk Botanicals Com Inc), Asset Purchase Agreement (Silk Botanicals Com Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. The Agreement may not be modified or amended other than by an agreement in writing.

Appears in 3 contracts

Samples: Subscription Agent Agreement (Mangosoft Inc), Subscription Agent Agreement (Interleukin Genetics Inc), Subscription Agent Agreement (Interleukin Genetics Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, . express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

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Entire Agreement. This Agreement contains the entire ---------------- agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 3 contracts

Samples: Management Agreement (Wilshire Financial Services Group Inc), Management Agreement (Wilshire Real Estate Investment Trust Inc), Sub Management Agreement (FBR Asset Investment Corp/Va)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes supersede all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof and thereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Services Agreement (Presbia PLC), Services Agreement (Presbia Ireland, LTD), Services Agreement (Environmental Solutions Worldwide Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and inducements, or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement, Mobile Banking Terms and Conditions Agreement

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes and is in lieu of all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Manufacturing Agreement (Action Performance Companies Inc), Strategic Alliance Agreement (Vodavi Technology Inc), Oem Agreement (Vodavi Technology Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior agreements and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Employment Agreement (Creative Medical Technology Holdings, Inc.), Employment Agreement (Creative Medical Technology Holdings, Inc.), Employment Agreement (Digipath, Inc.)

Entire Agreement. This Agreement contains constitutes the full and entire ---------------- understanding and agreement and understanding among between the parties hereto with respect regard to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect relating to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement has been prepared by all of the parties hereto, and no inference of ambiguity against the drafter of a document therefore applies against any party hereto.

Appears in 3 contracts

Samples: Merger Agreement (Radio One Inc), Asset Purchase Agreement (Radio One Inc), Asset Purchase Agreement (Radio One Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereofhereof (other than the MOU (solely with respect to those portions of this Agreement that are not assigned to the Trustee) and the Indemnification Agreement), and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (BENCHMARK 2018-B2 Mortgage Trust), Mortgage Loan Purchase Agreement (BENCHMARK 2018-B2 Mortgage Trust), Mortgage Loan Purchase Agreement (BENCHMARK 2018-B2 Mortgage Trust)

Entire Agreement. This Agreement contains and the Exhibits hereto constitute the entire understanding and agreement and understanding among of the parties hereto with respect to the subject matter hereof, hereof and supersedes supersede all prior and contemporaneous agreements, agreements or understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to hereto other than the subject matter hereofNondisclosure Agreement. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Merger Agreement (Datameg Corp), Merger Agreement (Intermix Media, Inc.), Merger Agreement (Datameg Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Cascades USA Inc.), Guaranty Agreement (Teletouch Communications Inc), Exchange Agreement (Select Media Communications Inc)

Entire Agreement. This Agreement contains and the other documents delivered hereunder constitute the full and entire understanding and agreement and understanding among between the parties hereto with respect regard to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect relating to the subject matter hereof, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Packaged Ice Inc), Asset Purchase Agreement (Packaged Ice Inc), Asset Purchase Agreement (Packaged Ice Inc)

Entire Agreement. This Agreement contains the entire ----------------- agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Trust Agreement (Structured Asset Securities Corp), Mortgage Loan Sale and Assignment Agreement (Structured Asset Securities Corp)

Entire Agreement. This The Agreement contains constitutes the full and entire understanding and agreement and understanding among between the parties hereto with respect regard to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandingsunderstanding, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect relating to the subject matter hereof, except as herein contained. The express terms hereof of the Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Executive Bonus Agreement (Akorn Inc), Executive Bonus Agreement (Akorn Inc)

Entire Agreement. This Agreement contains (including the exhibits and schedules hereto and the documents and instruments referred to herein and the exhibits thereto) constitutes the entire agreement and understanding among of the parties hereto with respect to the subject matter hereof, hereof and supersedes thereof and supersede all prior written or oral and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to hereto and thereto, including the subject matter hereofExisting Investors’ Agreement. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Intuity Medical, Inc.), Investors’ Rights Agreement (Intuity Medical, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing signed by both parties hereto.

Appears in 2 contracts

Samples: Severance Agreement (Lifelock, Inc.), Severance Agreement (Lifelock, Inc.)

Entire Agreement. a. This Agreement agreement contains the entire agreement and understanding among the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. . b. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 2 contracts

Samples: Termination, Severance and Release Agreement (Publicard Inc), Separation and Release Agreement (Vitaminshoppe Com Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the its subject matter hereof, and matter. It supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course courses of performance and/or usage or use of the trade inconsistent with any of the terms hereofterms.

Appears in 2 contracts

Samples: Employment Agreement (Integrated Financial Systems Inc), Consulting Agreement (Integrated Financial Systems Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among of the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements understandings and conditions, express or implied, oral or written, of any nature whatsoever arrangements with respect to the subject matter hereof. The express terms hereof of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofof this Agreement.

Appears in 2 contracts

Samples: Administrative Services Agreement (Poliwogg Regenerative Medicine Fund, Inc.), Investment Advisory Agreement (Poliwogg Regenerative Medicine Fund, Inc.)

Entire Agreement. This Agreement contains constitutes the entire agreement and understanding among the parties hereto Members and the Company with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofthereto. The express terms hereof of this Agreement control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement (Elk Horn Coal Co LLC)

Entire Agreement. This Agreement (together with the Framework Agreement and the transaction documents contemplated thereby) contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Trademark License Agreement (Hospitality Investors Trust, Inc.), Framework Agreement (American Realty Capital Hospitality Trust, Inc.)

Entire Agreement. This Agreement contains constitutes the entire agreement understanding and understanding among Agreement of the parties hereto with respect to the subject matter hereof, hereof and supersedes all prior and contemporaneous agreements, Agreements or understandings, inducements and or conditions, express or implied, oral written or writtenoral, of any nature whatsoever between the parties with respect to the subject matter hereofhereto and thereto. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Nhancement Technologies Inc), Release and Assumption Agreement (Portola Packaging Inc)

Entire Agreement. This Agreement contains the entire agreement is complete and understanding among the parties hereto with respect to the subject matter hereofherein, and supersedes all and any prior and contemporaneous agreements, understandings, inducements and conditions, express expressed or implied, oral written, or writtenoral, of any nature whatsoever with respect to the subject matter hereofherein. - The express expressed terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereofherein.

Appears in 2 contracts

Samples: Interior Design Contract, Freelance Contract

Entire Agreement. This Agreement contains (including any Schedules and Exhibits hereto) constitutes the entire understanding and agreement and understanding among of the parties hereto Patties with respect to the subject matter hereof, hereof and thereof and supersedes all prior and contemporaneous agreements, agreements or understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to between the subject matter hereofPatties (including the Term Sheet). The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: License Agreement (Movella Holdings Inc.), License Agreement (Pathfinder Acquisition Corp)

Entire Agreement. This Agreement Agreement, together with the related agreements referred to herein, contains the entire agreement and understanding among the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and conditions, express or implied, oral or written, including, without limitation, the Letter of any nature whatsoever with respect to the subject matter hereofIntent. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Acquisition Agreement (Multiband Corp), Supplemental Agreement and Plan of Share Exchange (Multiband Corp)

Entire Agreement. This Agreement (including the Exhibits and Schedules hereto) contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Piercing Pagoda Inc), Asset Purchase Agreement (Piercing Pagoda Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to including without limitation, the subject matter hereofAgreement in Principle, which is hereby terminated in its entirety. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Appears in 2 contracts

Samples: Employment Agreement (Visual Networks Inc), Employment Agreement (Visual Networks Inc)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof, including but not limited to the Investment Services Agreement between the Company and TIAA-CREF Alternatives Advisors, LLC. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Advisory Agreement (Nuveen Global Cities REIT, Inc.), Advisory Agreement (Nuveen Global Cities REIT, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof, including the Second Amended and Restated Advisory Agreement. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.), Advisory Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof, including the Advisory Agreement. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Advisory Agreement (RREEF Property Trust, Inc.), Advisory Agreement (RREEF Property Trust, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Standard Terms and Conditions, Standard Terms and Conditions

Entire Agreement. This Agreement contains the entire agreement and understanding among of the parties hereto with respect to the subject matter manner hereof, and supersedes all prior and contemporaneous agreements, contemporary agreement and understandings, inducements and or conditions, express or of implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof herein control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Manufacturing Agreement (Cono Italiano, Inc.), Master Manufacturing Agreement (Cono Italiano, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing and signed by a duly authorized member of the Board.

Appears in 2 contracts

Samples: Employment Agreement (Williams Scotsman Inc), Employment Agreement (Williams Scotsman International Inc)

Entire Agreement. This Agreement contains constitutes the full and entire understanding and agreement and understanding among between the parties hereto with respect regard to the subject matter hereofhereof and thereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Asset Purchase Agreement (K2m Group Holdings, Inc.), Asset Purchase and Earn Out Agreement (K2m Group Holdings, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandingsunderstanding, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede supersedes any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp), Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp Series 2000-C1)

Entire Agreement. This Agreement (together with the documents referenced herein) contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: MSR Portfolio Defense Agreement, MSR Portfolio Defense Agreement (PHH Corp)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties Parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements inducements, and conditions, express or implied, oral oral, or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Incentive Agreement, Incentive Agreement

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto Parties hereto, with respect to the subject matter hereof, and . It supersedes all prior and contemporaneous agreements, understandings, inducements inducements, and conditionsconditions (express, express or implied, oral or oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Marketing Agreement, Marketing Agreement

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or or usage of the trade inconsistent with any of the terms hereof.

Appears in 2 contracts

Samples: Termination of Advisory Agreement (BRIX REIT, Inc.), Valuation Services Agreement (Jones Lang LaSalle Income Property Trust, Inc.)

Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing signed by each of the parties hereto.

Appears in 1 contract

Samples: Advisory Management Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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