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 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 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 soughtBuyer and Seller, 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, Purchase and Sale Agreement (Hemispherx Biopharma 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 be waived, modified, amended, discharged modified or terminated amended except by an a written instrument signed and delivered by both parties (but not the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is soughtEscrow Agent), 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 (Wells Real Estate Fund X L P)

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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)

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