Common use of Integration; Waiver Clause in Contracts

Integration; Waiver. This Agreement, together with the Exhibits hereto, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, and all prior agreements (including, without limitation, any letters of intent), understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Mercury Computer Systems Inc), Purchase and Sale Agreement (Mercury Computer Systems Inc)

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Integration; Waiver. This Agreement, together with the Exhibits heretoSchedules hereto (including the Access Agreement Addendum and the Confidentiality Agreement), embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, Transaction and all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.), Purchase and Sale Agreement (Inland American Real Estate Trust, Inc.)

Integration; Waiver. This Agreement, together with the Schedules and ------------------- Exhibits hereto, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, Transaction and all prior agreements (including, without limitation, any letters the Letter of intentIntent), understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 2 contracts

Samples: Contribution Agreement (Boston Properties Inc), Purchase and Sale Agreement (Boston Properties Inc)

Integration; Waiver. This Agreement, together with the Exhibits hereto, embodies and constitutes the other Transaction Documents embody and constitute the entire understanding between the parties with respect to the transactions contemplated herein, hereby and supersede all prior agreements (includingagreements, without limitation, any letters of intent)term sheets, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its the obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Contribution Agreement (Boston Properties Inc)

Integration; Waiver. This Agreement, together with the Exhibits hereto, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, Transaction and all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may Purchase Agreement SHP/Renaissance Portfolio Contract be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Brookdale Senior Living Inc.)

Integration; Waiver. This Agreement, together with the Exhibits heretohereto and the Access and Indemnity Agreement, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, Transaction and all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an Page23 instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)

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Integration; Waiver. This AgreementAgreement (including any Annex hereto), together with the Exhibits hereto, embodies Exchange and constitutes Subscription Agreements and the Contribution Agreements embody and constitute the entire understanding between among the parties hereto with respect to the transactions contemplated herein, subject matter hereof and supersede all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations and statements, whether oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either a party hereto of any failure or refusal by the any other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Form of Tax Protection Agreement (Hertz Group Realty Trust, Inc.)

Integration; Waiver. This Agreement, together with the Schedules and ------------------- Exhibits hereto, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, herein and all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Boston Properties Inc)

Integration; Waiver. This Agreement, together with the Schedules and Exhibits hereto, embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated hereinTransaction and, and except as otherwise agreed to in writing, all prior agreements (including, without limitation, any letters of intent)agreements, understandings, representations representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. No waiver by either party hereto of any failure or refusal by the other party to comply with its obligations hereunder shall be deemed a waiver of any other or subsequent failure or refusal to so comply.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Globix Corp)

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