Common use of Other Agreements Superseded; Waiver and Modification Clause in Contracts

Other Agreements Superseded; Waiver and Modification. This Agreement supersedes all prior agreements or understandings, written or oral, between the parties relating to the Company’s interest in each of the Operating Partnerships, and incorporates the entire understanding of the parties with respect to the subject matter hereof. This Agreement may be amended or supplemented only by a written instrument signed by the Company and the party against whom the amendment or supplement is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made by written instrument signed by the waiving party.

Appears in 3 contracts

Samples: Partnership Separation Agreement, Business Partnership Separation Agreement, Partnership Separation Agreement (Mission West Properties Inc)

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Other Agreements Superseded; Waiver and Modification. This Agreement supersedes all prior agreements or understandings, written or oral, between the parties relating to the Company’s interest in each of the Operating PartnershipsPartnership, and incorporates the entire understanding of the parties with respect to the subject matter hereofthereto. This Agreement may be amended or supplemented only by a written instrument signed by the Company and the party against whom the amendment or supplement is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made by written instrument signed by the waiving party.

Appears in 2 contracts

Samples: Partnership Division Agreement (Mission West Properties Inc), Partnership Division Agreement (Mission West Properties Inc)

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