Common use of Entire Agreement; Amendments Clause in Contracts

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 179 contracts

Samples: Etf Distribution Agreement (Zacks Trust), Etf Distribution Agreement (Segall Bryant & Hamill Trust), Etf Distribution Agreement (Texas Capital Funds Trust)

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Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 66 contracts

Samples: Distribution Agreement (SEI Alternative Income Fund), Distribution Agreement (Rydex Dynamic Funds), Distribution Agreement (Rydex Series Funds)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought.

Appears in 64 contracts

Samples: Etf Services Agreement (iShares Ethereum Trust), Etf Services Agreement (iShares Bitcoin Trust), Etf Services Agreement (BlackRock ETF Trust)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofof this transaction. This No amendment or modification of the terms and provisions of this Agreement or any part hereof may shall be changed or waived only by an instrument effective unless in writing and signed by the party against which enforcement of such change or waiver is soughtboth Companies.

Appears in 20 contracts

Samples: Reciprocal Loan Agreement (Reliastar Life Insurance Co of New York), Reciprocal Loan Agreement (Separate Account B of Golden American Life Insurance Co), Reciprocal Loan Agreement (Golden American Life Insurance Co /Ny/)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement supersedes all prior discussions and agreements between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof (including without limitation any letters of intent executed by the parties), and this Agreement contains the sole and entire agreement between the parties with respect to the matters covered hereby. This Agreement shall not be altered or any part hereof may be changed or waived only amended except by an instrument in writing signed by or on behalf of the party against which whom enforcement of such change or waiver is sought.

Appears in 14 contracts

Samples: Agreement and Plan of Merger (Integrated Electrical Services Inc), Asset Purchase Agreement (Integrated Electrical Services Inc), Asset Purchase Agreement (Integrated Electrical Services Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect all other agreements between the parties which may relate to the subject matter hereofcontained in this Agreement. This Agreement may not be amended or any part hereof may be changed or waived only modified except by an instrument agreement in writing which refers to this Agreement and is signed by the party against which enforcement of such change or waiver is soughtboth parties.

Appears in 14 contracts

Samples: Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\), Employment Agreement (Rush Enterprises Inc \Tx\)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement supersedes any prior agreements or understandings, oral or written, between the parties hereto and supersedes any prior agreement, draft or proposal represents their entire understanding and agreement with respect to the subject matter hereof. This Agreement can be amended, supplemented or changed, and any part provision hereof may can be changed or waived waived, only by an written instrument in writing signed making specific reference to this Agreement which is executed by the both parties to this Agreement. Any waiver of any breach of this Agreement shall not be construed to be a continuing waiver or consent to any subsequent breach by any party against which enforcement of such change or waiver is soughthereto.

Appears in 13 contracts

Samples: Employment Agreement (Usio, Inc.), Employment Agreement (Payment Data Systems Inc), Employment Agreement (Payment Data Systems Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement Agreement between the parties hereto Parties and supersedes any all prior agreementagreements, draft understandings, and arrangements, oral or proposal written, between the Parties with respect to the subject matter hereof. This Agreement may not be modified or any part hereof may be changed or waived only amended except by an instrument or instruments in writing signed by the party Party against which whom enforcement of any such change modification or waiver amendment is sought.

Appears in 11 contracts

Samples: Program Management Agreement (Payment Data Systems Inc), Management Agreement (NetSpend Holdings, Inc.), Program Management Agreement (NetSpend Holdings, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto with respect to the subject matter hereof and supersedes any all prior agreementagreements and understandings, draft or proposal with respect if any, relating to the subject matter hereof. This Agreement or any part hereof may be changed amended in whole or waived in part only by an instrument in writing signed setting forth the particulars of such amendment and duly executed by an officer of Employer expressly authorized by the party against which enforcement of such change or waiver is soughtChairman to do so and by Employee.

Appears in 9 contracts

Samples: Executive Employment Agreement (Viasystems Group Inc), Executive Employment Agreement (Viasystems Inc), Executive Employment Agreement (Viasystems Group Inc)

Entire Agreement; Amendments. This Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between the parties hereto respecting the subject matter hereof and supersedes any prior agreement, draft or proposal with respect agreements respecting severance benefits upon a Change in Control. No amendment to the subject matter hereof. This this Agreement or any part hereof may shall be changed or waived only by an instrument deemed valid unless in writing and signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 9 contracts

Samples: Change in Control Severance Agreement (Illumina, Inc.), Change in Control Severance Agreement (Illumina Inc), Change in Control Severance Agreement (Illumina Inc)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstandings or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtClient and Consultant.

Appears in 7 contracts

Samples: Consulting Agreement (DealerAdvance, Inc.), Consulting Agreement (Banyan Corp /Or/), Consulting Agreement (DealerAdvance, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior agreementproposals, draft term sheets, letters, negotiations or proposal other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the Warrantholder’s proposal letter dated January 19, 2018). This None of the terms of this Agreement or any part hereof may be changed or waived only amended except by an instrument in writing signed executed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 7 contracts

Samples: Loan and Security Agreement, Warrant Agreement (Tricida, Inc.), Warrant Agreement (Tricida, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, including the Administration Agreement between the Company and the Administrator dated December 23, 2002. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 6 contracts

Samples: Administration Agreement (PNC Long-Short Fund LLC), Administration Agreement (PNC Alternative Strategies Fund LLC), Administration Agreement (PNC Absolute Return Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereoftransactions contemplated herein and, except for the Purchase Agreement, and documents delivered pursuant thereto, supersede all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. This No amendment, modification or discharge of this Agreement shall be valid or any part hereof may be changed or waived only by an instrument binding unless set forth in writing signed and duly executed and delivered by the party against which whom enforcement of such change the amendment, modification, or waiver discharge is sought.

Appears in 6 contracts

Samples: Time Brokerage Agreement (Big City Radio Inc), Time Brokerage Agreement (Hispanic Broadcasting Corp), Time Brokerage Agreement (Hispanic Broadcasting Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft draft, or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change said amendment or waiver is sought.

Appears in 6 contracts

Samples: Distribution Services Agreement (Advisors' Inner Circle Fund), Distribution Services Agreement (Advisors' Inner Circle Fund), Distribution Services Agreement (Advisors' Inner Circle Fund)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and the specific Funds identified herein. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 5 contracts

Samples: Sub Administration Agreement (Mercantile Absolute Return Fund for Tax-Exempt/Deferred Investors (TEDI) LLC), Sub Administration Agreement (Mercantile Absolute Return Fund LLC), Sub Administration Agreement (Mercantile Alternative Strategies Fund for Tax-Exempt/Deferred Investors (TEDI) LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived amended only by an instrument in writing signed if such amendment is approved by the party against which enforcement vote of such change or waiver is soughta majority of the Directors of the Company.

Appears in 5 contracts

Samples: Dealer Manager Agreement (KKR Infrastructure Conglomerate LLC), Dealer Manager Agreement (KKR Private Equity Conglomerate LLC), Dealer Manager Agreement (KKR Private Equity Conglomerate LLC)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof covered hereby and may be changed amended, waived or waived terminated only by an instrument in writing signed by the parties hereto. This Agreement shall be interpreted according to its fair meaning and not for or against the party against which enforcement of such change or waiver is soughtdrafted same.

Appears in 5 contracts

Samples: Employment Agreement (Prospect Acquisition Corp), Employment Agreement (Prospect Acquisition Corp), Employment Agreement (Prospect Acquisition Corp)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect in regard to the subject matter hereof. This Agreement or any part hereof , and may not be changed or waived orally but only by an instrument in writing a written document signed by the party against which whom enforcement of such change waiver, change, modification, extension or waiver discharge is sought.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Stan Lee Media Inc), Assets Purchase and Sale Agreement (Ustel Inc), Sublease Agreement (Stan Lee Media Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereofmatter. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 4 contracts

Samples: Distribution and Shareholder Services Agreement (Nomura Partners Funds, Inc.), Distribution and Shareholder Services Agreement (Nomura Partners Funds, Inc.), Distribution and Shareholder Services Agreement (Nomura Partners Funds, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereofhereof and thereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Except as expressly provided herein, neither this Agreement or nor any part term hereof may be changed amended except pursuant to a written instrument executed by the Company and each Investor. Any waiver or waived only consent given by an instrument a party shall be in writing signed by and shall be effective only in the party against specific instance and for the specific purpose for which enforcement of such change or waiver is soughtgiven.

Appears in 4 contracts

Samples: Waiver and Amendment Agreement (Integral Vision Inc), Amendment Agreement (Integral Vision Inc), Amendment Agreement (Integral Vision Inc)

Entire Agreement; Amendments. This Agreement constitutes embodies the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior agreements and understandings, oral or written, with respect thereof. This Agreement or any part hereof may be changed or waived only by an instrument agreement in writing signed by the party against which enforcement whom any waiver, change, amendment, modification or discharge may be sought and in the case of such change the Company only upon the approval of a majority of the Board of Directors (or waiver is soughtan appropriate committee thereof).

Appears in 4 contracts

Samples: Standstill Agreement (Cascade Investment LLC), Standstill Agreement (Otter Tail Corp), Standstill Agreement (Otter Tail Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought. THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS DISTRIBUTION CO.

Appears in 4 contracts

Samples: Distribution Agreement (Frost Family of Funds), Distribution Agreement (Cambria ETF Trust), Distribution Agreement (KP Funds)

Entire Agreement; Amendments. This Agreement constitutes contains and its terms constitute the entire agreement between of the parties hereto and supersedes any all prior agreement, draft or proposal with respect to agreements regarding the subject matter hereofherein. This Agreement supersedes and replaces any prior or contemporaneous agreements, negotiations, correspondence, undertakings and communications of the parties, oral or written regarding the subject matter herein. No amendment or modification of any part hereof may provision of this Agreement shall be changed or waived only by an instrument effective unless in writing and signed by the party against which whom enforcement of such change amendment or waiver modification is sought.

Appears in 4 contracts

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

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes all prior agreements and understandings between the parties with respect thereto. This No addition to or modification of any provision of this Agreement or any part hereof may shall be changed or waived only by an instrument binding upon either party hereto unless made in writing and signed by the other party against which enforcement of such change or waiver is soughthereto.

Appears in 3 contracts

Samples: Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement hereof and may not be amended or any part hereof may be changed or waived only modified except by an instrument in writing signed by the party against which enforcement parties hereto and approved by the Requisite Global Majority. The Manager shall send prior notice of such change any amendment or waiver is soughtmodification to the Rating Agencies.

Appears in 3 contracts

Samples: Management Agreement, Management Agreement (Universal Compression Holdings Inc), Management Agreement (BRL Universal Equipment Corp)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement hereof and may not be amended or any part hereof may be changed or waived only modified except by an instrument in writing signed by the party against which enforcement parties hereto and approved by the Requisite Global Majority. The Manager shall send prior notice of such change any amendment or waiver is soughtmodification to the Rating Agencies, if applicable.

Appears in 3 contracts

Samples: Management Agreement (Exterran Partners, L.P.), Management Agreement (Exterran Holdings Inc.), Management Agreement (Exterran Partners, L.P.)

Entire Agreement; Amendments. This Agreement constitutes (including the exhibits, schedules and other documents referred to herein) contains the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which whom enforcement of such change any waiver, change, modification or waiver discharge is sought.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.), Software Development and License Agreement (Stan Lee Media Inc), Securities Purchase Agreement (Myriad Entertainment & Resorts, Inc.)

Entire Agreement; Amendments. This Agreement constitutes embodies the entire agreement between the parties hereto and supersedes any all prior agreement, draft or proposal with respect agreements and understandings relating to the subject matter hereofProperty. This Agreement or any part hereof may be changed amended or waived supplemented only by an instrument in writing signed executed by the party against which whom enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: www.sec.gov, Agreement for Sale of Real Estate (Vivus Inc), Agreement for Sale of Real Estate (Vivus Inc)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement hereof and can be amended, supplemented or changed, and any part provision hereof may can be changed or waived waived, only by an written instrument in writing making specific reference to this Agreement signed by all of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Futureit, Inc.), Option Agreement (Futureit, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought, and may only be changed by mutual written agreement of the parties.

Appears in 3 contracts

Samples: Administration Agreement (Goldman Sachs Hedge Fund Partners LLC), Form of Administration Agreement (Goldman Sachs Hedge Fund Partners Registered Master Fund, LLC), Form of Administration Agreement (Goldman Sachs Hedge Fund Partners Registered Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofReinsured Claims and there are no understandings between the parties other than as expressed in this Agreement. This Any amendment, change or modification to this Agreement or any part hereof may shall be changed or waived only null and void unless the same is made by an instrument in writing a written amendment to this Agreement signed by the party against which enforcement of such change or waiver is soughtboth parties hereto.

Appears in 3 contracts

Samples: Reinsurance Agreement (Delphi Financial Group Inc/De), Reinsurance Agreement (Delphi International LTD), Reinsurance Agreement (Delphi International LTD)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between of the parties hereto hereto, and supersedes any prior agreement, draft or proposal other agreements among the parties with respect to the subject matter hereof. This The terms and provisions of this Agreement may not be modified or amended, or any part of the provisions hereof may be changed or waived only by an instrument in writing signed by waived, except pursuant to the party against which enforcement written consent of such change or waiver is soughtthe Company and holders of a majority of the Registrable Securities.

Appears in 3 contracts

Samples: Registration Rights Agreement (Rackspace Inc), Registration Rights Agreement (Rackspace Inc), Registration Rights Agreement (Rackspace Com Inc)

Entire Agreement; Amendments. This Agreement constitutes ---------------------------- the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: Administration Agreement (Aetos Distressed Investment Strategies Fund LLC), Administration Agreement (Aetos Market Neutral Strategies Fund LLC), Administration Agreement (Aetos Long Short Strategies Fund LLC)

Entire Agreement; Amendments. This Agreement constitutes embodies the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof and supersedes all prior agreements, conditions and understandings, and may be changed or waived amended only by an instrument executed in writing signed by an authorized officer of the party against which enforcement of whom such change or waiver amendment is soughtsought to be enforced.

Appears in 3 contracts

Samples: Franchisee Financing Agreement (Rent a Center Inc De), Franchisee Financing Agreement (Rent a Center Inc De), Franchisee Financing Agreement (Rent a Center Inc De)

Entire Agreement; Amendments. This Agreement constitutes the ---------------------------- entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought.

Appears in 3 contracts

Samples: Administration Agreement (Uam Funds Trust), Administration Agreement (Uam Funds Inc), Administration Agreement (Uam Funds Inc Ii/)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofof this Agreement. This Agreement or any part supersedes all prior agreements and understandings, both oral and written, between the parties with respect to the subject matter hereof of this Agreement. Any provision of this Agreement may be changed amended or waived if, but only by an instrument if, such amendment or waiver is in writing signed and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against which enforcement of such change or whom the waiver is soughtto be effective.

Appears in 2 contracts

Samples: Stock Repurchase and Cancellation Agreement (Nemus Bioscience, Inc.), Stock Repurchase and Cancellation Agreement (Empowered Products, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto in respect of their Product-related collaboration in the Territory, and supersedes any all prior agreement, draft agreements or proposal with respect understandings between the parties relating to the subject subject-matter hereof. This Agreement or any part hereof may only be changed or waived only amended by an instrument in writing a written document signed by both of the party against which enforcement parties to this Agreement. This Agreement shall be binding on and inure to the benefit of such change or waiver is soughtthe parties hereto and their respective successors and permitted assigns.

Appears in 2 contracts

Samples: Protalix BioTherapeutics, Inc., Protalix BioTherapeutics, Inc.

Entire Agreement; Amendments. This Agreement constitutes constitute the entire agreement between and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replace in their entirety any prior agreementproposals, draft term sheets, letters, negotiations or proposal other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder’s proposal letter dated May 14, 2003). This None of the terms of this Agreement or any part hereof may be changed or waived only amended except by an instrument in writing signed executed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 2 contracts

Samples: Warrant Agreement (Anacor Pharmaceuticals, Inc.), Warrant Agreement (Anacor Pharmaceuticals, Inc.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto concerning Taxes of the parties and their Subsidiaries hereto, including the sharing, payment of and indemnification with respect to, such Taxes, and supersedes any all prior agreementagreements, draft whether or proposal with respect to the not written, concerning such subject matter hereofmatter. This Agreement or any part hereof may not be changed or waived only amended except by an instrument agreement in writing writing, signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 2 contracts

Samples: Tax Disaffiliation Agreement (Octel Corp), Tax Disaffiliation Agreement (Octel Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto Parties and supersedes any prior agreementall previous or contemporaneous agreements and understandings, draft whether oral or proposal written, express or implied, with respect to the subject matter hereofmatters stated herein. To the extent of any conflict between this Agreement and any other agreement to protect Confidential Information, the terms of this Agreement shall control. This Agreement or any part hereof may be changed or waived amended only by an instrument agreement in writing signed by the party against which enforcement Employee and an officer of such change or waiver is soughtFTSI.

Appears in 2 contracts

Samples: Lock Up Agreement (FTS International, Inc.), Lock Up Agreement (FTS International, Inc.)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes any and all prior agreements between the parties, whether written or oral; provided, however, that all Information furnished to Company prior to the date of this Agreement shall be subject to the provisions of this Agreement. This Agreement or any part hereof may be changed amended or waived only by an a separate written instrument in writing signed executed by Intensiva and the party against which enforcement Company expressly so amending or waiving any provision of such change or waiver is soughtthis Agreement.

Appears in 2 contracts

Samples: Confidentiality Agreement (Intensiva Healthcare Corp), Confidentiality Agreement (Select Medical of Mechanicsburg Inc)

Entire Agreement; Amendments. This Agreement constitutes is intended as the entire agreement between complete, final and exclusive statement of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties hereto. This Agreement or any part hereof may be changed amended, modified or waived supplemented only by an instrument a written agreement signed by VENDOR and UNIVERSITY. Any waiver of the terms and conditions of this Agreement must be in writing signed by the party against which enforcement of granting such change waiver and shall not operate as a waiver of, or waiver is soughtestoppel with respect to, any subsequent or other failure to perform.

Appears in 2 contracts

Samples: Confidentiality and Non Disclosure Agreement, Confidentiality and Non Disclosure Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change amendment or waiver is sought.. THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS DISTRIBUTION COMPANY

Appears in 2 contracts

Samples: Distribution Services Agreement (Impact Shares Trust I), Distribution Services Agreement (Impact Shares Trust I)

Entire Agreement; Amendments. This Agreement constitutes is the entire agreement between the parties hereto regarding this subject matter and supersedes any all prior agreement, draft or proposal with respect to the subject matter hereofagreements and understandings related hereto. This Agreement can only be amended or any part hereof may be changed or waived only by an instrument modified in a writing signed by the party against which enforcement of such change both parties, including any rescheduling or waiver is soughtcancellations.

Appears in 2 contracts

Samples: Photography Agreement, static.showit.co

Entire Agreement; Amendments. This Agreement constitutes contains and its terms constitute the entire agreement between of the parties hereto and supersedes any all prior agreement, draft or proposal with respect to agreements regarding the subject matter hereofherein. This Agreement supersedes and replaces any prior or contemporaneous agreements, negotiations, correspondence, undertakings and communications of the parties, oral or written. No amendment or modification of any part hereof may provision of this Agreement shall be changed or waived only by an instrument effective unless in writing and signed by the party against which whom enforcement of such change amendment or waiver modification is sought.

Appears in 2 contracts

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

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter transactions contemplated hereby, and supersedes all negotiations, representations, warranties, commitments, offers, contracts, and writings prior to the date hereof. This No waiver and no modification or amendment of any provision of this Agreement or any part hereof may shall be changed or waived only by an instrument effective unless specifically made in writing and duly signed by the party against which enforcement of such change or waiver is soughtparties to this Agreement bound thereby.

Appears in 2 contracts

Samples: Contribution Agreement (Invisa Inc), Contribution Agreement (Invisa Inc)

Entire Agreement; Amendments. This Agreement constitutes is intended by the entire parties hereto as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein or therein. This Agreement supersedes all prior agreements and understandings between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the such subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtmatter.

Appears in 2 contracts

Samples: Shareholder and Investor Rights Agreement (Lime Energy Co.), Shareholder and Investor Rights Agreement (Lime Energy Co.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstanding or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and Val.

Appears in 2 contracts

Samples: Consulting Agreement (Exus Networks Inc), Consulting Agreement (New Life Scientific, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement and understanding between the parties hereto and supersedes and preempts any prior agreementunderstanding or agreements, draft whether written or proposal with respect to the subject matter hereoforal. This The provisions of this Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by with the party against which enforcement prior written consent of such change or waiver is soughtthe Company and the Consultant.

Appears in 2 contracts

Samples: Consulting Agreement (NMC Corp), Consulting Agreement (Regent Group Inc /De)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between is intended by the parties hereto as a final expression of their agreement and understanding and exclusive statement of the terms hereof and supersedes any and all prior agreementand contemporaneous agreements and understandings relating thereto. No waiver, draft modification, change or proposal with respect to amendment of any of the subject matter hereof. This provisions of this Agreement or any part hereof may shall be changed or waived only by an instrument valid unless in writing and signed by the party against which enforcement of whom such claimed waiver, modification, change or waiver amendment is soughtsought to be enforced.

Appears in 2 contracts

Samples: Management Services Agreement (Manufacturers Marketing Group Inc), Management Services Agreement (Prima East West Model Management Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or agreement or proposal with respect to the subject matter hereof. This Agreement may not be amended or any part hereof may be changed or waived only by an instrument except in writing signed by and shall be binding upon and shall inure to the party against which enforcement benefit of such change or waiver is soughtthe parties hereto and their respective successors.

Appears in 2 contracts

Samples: Distribution Agreement (Apollo S3 Private Markets Fund), Distribution Agreement (JPMorgan Private Markets Fund)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior agreementproposals, draft term sheets, letters, negotiations or proposal other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including Warrantholder’s proposal letter dated July 21, 2014). This None of the terms of this Agreement or any part hereof may be changed or waived only amended except by an instrument in writing signed executed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 2 contracts

Samples: Warrant Agreement (Edge Therapeutics, Inc.), Warrant Agreement (Edge Therapeutics, Inc.)

Entire Agreement; Amendments. This Except as otherwise specifically provided herein, this Agreement constitutes the entire agreement between the parties hereto respecting the subject matter hereof and supersedes any prior agreementagreements respecting severance benefits upon a Change in Control, draft or proposal with respect including the Change in Control Agreement. No amendment to the subject matter hereof. This this Agreement or any part hereof may shall be changed or waived only by an instrument deemed valid unless in writing and signed by the party against which enforcement of such change or waiver is soughtparties.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Illumina Inc), Control Severance Agreement (Illumina Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between and understanding of the parties hereto in respect of the subject matter hereof, and supersedes and replaces in their entirety any prior agreementproposals, draft term sheets, letters, negotiations or proposal other documents or agreements, whether written or oral, with respect to the subject matter hereofhereof (including the Warrantholder’s proposal letter dated September 2, 2020). This None of the terms of this Agreement or any part hereof may be changed or waived only amended except by an instrument in writing signed executed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Axsome Therapeutics, Inc.), Axsome Therapeutics, Inc.

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between understanding of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof It may not be changed or waived orally but only by an instrument agreement in writing signed by the party against which whom enforcement of such change any waiver, change, modification, extension, or waiver discharge is sought.

Appears in 2 contracts

Samples: Mercury Inc, Mercury Inc

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof.

Appears in 2 contracts

Samples: Administration Agreement (Armada Funds), Co Administration Agreement (Armada Funds)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and supersedes, cancels and annuls all prior understandings, negotiations and communications between the parties with respect thereto, including the 2005 License Agreement. This No modification of or addition to this Agreement or any part hereof may shall be changed or waived only effective unless it is in writing and signed by an instrument in writing signed by the party against which enforcement authorized representative of such change or waiver is soughteach party.

Appears in 2 contracts

Samples: Oled Patent License Agreement (Universal Display Corp \Pa\), Oled Patent License Agreement (Universal Display Corp \Pa\)

Entire Agreement; Amendments. (a) This Agreement constitutes the entire agreement between supersedes all prior agreements among the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement contains the entire agreement among the parties with respect to such subject matter and may not be amended, supplemented, or any part discharged, and no provision hereof or thereof may be changed modified or waived only waived, except by an instrument in writing signed by the Company and all persons then a party against which enforcement to this Agreement as Shareholders of such change or waiver is soughtthe Company.

Appears in 2 contracts

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

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement may not be amended or any part hereof modified orally but may be changed amended or waived modified only in writing, signed by an instrument all parties hereto. No amendment or waiver of provision of this Agreement shall in writing any event be effective unless it is in writing, making specific reference to this Agreement and signed by the party against which enforcement of whom such change or waiver is soughtsought to be enforced.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (Hudson Technologies Inc /Ny), Subordination and Intercreditor Agreement (Hudson Technologies Inc /Ny)

Entire Agreement; Amendments. This Agreement constitutes document sets forth the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, and it supersedes any prior discussions or written documents addressing such subject matter. This Agreement or any part hereof may be changed amended or waived modified only by an instrument in writing signed by Grantee and an authorized representative of the party against which enforcement of such change or waiver is soughtCompany.

Appears in 2 contracts

Samples: Restricted Stock Grant Agreement (Colony Bankcorp Inc), Restricted Stock Grant Agreement (Golden Isles Financial Holdings Inc)

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Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, superseding any and all prior negotiations, discussions, agreements and understandings, whether oral or written, relating to such subject matter. This Agreement or any part hereof may not be amended and no rights hereunder may be changed or waived only except by an instrument in writing a written document signed by the party against which enforcement of to be charged with such change amendment or waiver is soughtwaiver.

Appears in 1 contract

Samples: Loaner Vehicle Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire and final agreement between the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereof. This Agreement supersedes all prior undertakings, arrangements, representations and agreements, whether verbal or written, between the Parties with respect to the subject matter hereof. Except with respect to updates and/or revisions on the MOG, any modification of, or amendment to, any part hereof may of this Agreement shall be changed or waived only by an instrument agreed between the Parties in writing signed by the party against which enforcement of such change or waiver is soughtwriting.

Appears in 1 contract

Samples: Merchant Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement agreement, and supersede any prior or contemporaneous understanding or written or oral agreement, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to regarding the subject matter hereofof this Agreement. This Agreement may not be amended or any part hereof may be changed or waived only modified except by an a written instrument in writing signed executed by the party against which enforcement of such change amendment or waiver modification is soughtsought to be enforced.

Appears in 1 contract

Samples: License Agreement (Southwestern Water Exploration Co)

Entire Agreement; Amendments. This Agreement constitutes the entire entire, full and complete agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to concerning the subject matter hereof, and supersedes all prior agreements and negotiations. This The terms of this Agreement shall not be waived, altered, modified, amended, supplemented or terminated in any part hereof may be changed or waived only manner whatsoever except by an a written instrument in writing signed by the party against which enforcement of such change or waiver is soughtPBCC and Office Systems.

Appears in 1 contract

Samples: Operating Agreement (Pitney Bowes Office Systems Inc)

Entire Agreement; Amendments. This Agreement constitutes is intended as the entire agreement between complete, final and exclusive statement of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties hereto. This Agreement or any part hereof may be changed amended, modified or waived supplemented only by an instrument a written agreement signed by VENDOR and BPS. Any waiver of the terms and conditions of this Agreement must be in writing signed by the party against which enforcement of granting such change waiver and shall not operate as a waiver of, or waiver is soughtestoppel with respect to, any subsequent or other failure to perform.

Appears in 1 contract

Samples: Non Negotiable Confidentiality and Non Disclosure Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement sets out all terms agreed between the parties hereto and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on and neither party will have any prior agreementright or remedy based on any statement, draft representation or proposal with respect to the subject matter hereofwarranty (whether made negligently or innocently) except those expressly set out in this Agreement. This Agreement or any part hereof may Any amendment must be changed or waived only by an instrument in writing signed (including by the party against which enforcement of such change or waiver electronic signature) by both parties and expressly state that it is soughtamending this Agreement.

Appears in 1 contract

Samples: Services Agreement (Zedge, Inc.)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between understanding of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofhereof and will supersede any prior understandings or agreements. This No amendment or modification of this Agreement shall be valid or any part hereof may be changed or waived only by an instrument binding upon the parties hereto unless made in writing signed and executed by the party hereto against which whom enforcement of such change or waiver is sought.

Appears in 1 contract

Samples: Settlement Agreement (Siti-Sites Com Inc)

Entire Agreement; Amendments. This Agreement Amendment constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereofhereof and thereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Agreement No amendment, modification or other change to this Amendment or waiver of any part hereof agreement or other obligation of the parties under this Amendment may be changed made or waived only by an instrument in writing signed by the party against which enforcement of given unless such change amendment, modification or waiver is soughtset forth in writing and is signed by Synergy and ContraVir.

Appears in 1 contract

Samples: Loan and Security Agreement (ContraVir Pharmaceuticals, Inc.)

Entire Agreement; Amendments. This Agreement instrument constitutes the entire agreement Agreement between the parties hereto and supersedes any prior agreementall previous discussions, draft or proposal with respect understandings and agreements. Amendments to and waivers of the subject matter hereof. This Agreement or any part hereof may provisions herein shall be changed or waived made by the parties only by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtformal amendment.

Appears in 1 contract

Samples: agendas.palmcoastgov.com

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This hereof and neither this Agreement or nor any part provision hereof may be changed waived, modified, amended or waived only terminated except by an a writing duly executed by all of the parties whose interests are affected thereby. To the extent any term or other provision of any other indenture, agreement or instrument in writing signed by the which any party against which enforcement of hereto is bound conflicts with this Agreement, this Agreement shall have precedence over such change conflicting term or waiver is soughtprovision.

Appears in 1 contract

Samples: Recapitalization Agreement and Plan of Reorganization (Dollar Tree Stores Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between by the parties hereto and supersedes any prior agreement, draft or proposal Member with respect to the this subject matter hereofand supersedes all prior agreements by the Member with respect to this subject matter. This Agreement or any part hereof may be changed amended, modified or waived only supplemented and any provision waived, by an instrument in writing signed writing, approved by the party against which enforcement of such change or waiver is soughtMember.

Appears in 1 contract

Samples: Operating Agreement (Foamex Capital Corp)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement into which all prior negotiations and agreements are merged between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement ; and it can be amended, supplemented or changed, or any part provision hereof may can be changed or waived waived, only by an a written instrument in writing making specific reference to this License signed by the party against which whom enforcement of any such change amendment, supplement, modification or waiver is sought.

Appears in 1 contract

Samples: Trademark License Agreement (Golden Bear Golf Inc)

Entire Agreement; Amendments. This Agreement constitutes contains the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofmatters covered by this Agreement and supersedes all prior negotiations, agreements and employment contracts between the parties, whether oral or in writing. This Agreement agreement may not be amended, altered or any part hereof modified except by written agreement signed by all parties of this agreement. No provision of this agreement may be changed or waived only except by an instrument agreement in writing signed by the party against which enforcement waiving party. A waiver of such change any term or provision shall not be construed as a waiver is soughtof any other term or provision.

Appears in 1 contract

Samples: Chain of Trust Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement and supersede all prior agreements and understandings, both written and oral, between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or may be amended and any part term hereof may be changed amended or waived waived, only by an instrument if such amendment or waiver is in writing signed and is signed, in the case of an amendment, by each party to this Agreement, or in the case of a waiver, by the party against which enforcement of such change or whom the waiver is soughtto be effective.

Appears in 1 contract

Samples: Purchase Agreement (L-1 Identity Solutions, Inc.)

Entire Agreement; Amendments. This Agreement supersedes all prior documents, understandings and agreements, oral or written, relating to the matters contemplated hereby and constitutes the entire agreement understanding between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Any modification or amendment to, or waiver of, any provision of this Agreement (or any part hereof document delivered pursuant to this Agreement unless otherwise expressly provided therein) may be changed or waived made only by an instrument in writing signed executed by the party against which whom enforcement of such change or waiver thereof is sought.

Appears in 1 contract

Samples: Stock Repurchase Agreement (Lecroy Corp)

Entire Agreement; Amendments. This Agreement constitutes constitute[S?] the entire agreement between and understanding of the parties hereto in respect of the subject matter hereof, and supersedes supersede and replace in their entirety any prior agreementproposals, draft term sheets, letters, communications, negotiations or proposal other documents or agreements, whether written or oral, with respect to the subject matter hereof. This None of the terms of this Agreement or any part hereof may be changed or waived only amended except by an instrument in writing signed executed by each of the party against which enforcement of such change or waiver is soughtparties hereto.

Appears in 1 contract

Samples: Warrant Agreement (Gelesis Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived amended only in a writing signed by an instrument Guarantor and the Guaranteed Party and any waiver of rights hereunder must be set forth in writing signed by the party against which enforcement of such change or whom the waiver is soughtto be effective.

Appears in 1 contract

Samples: License and Collaboration Agreement (Gilead Sciences Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any all prior agreementand contemporaneous agreements, draft or proposal with respect to representations and understandings of the parties regarding the subject matter hereof. This Agreement No provision hereof shall be waived, amended or any part hereof may be changed or waived only modified except by an instrument in a writing signed by the party against which enforcement of such change whom the waiver, amendment, modification or waiver discharge is soughtsought to be enforced.

Appears in 1 contract

Samples: Asset Management Agreement (ExchangeRight Income Fund)

Entire Agreement; Amendments. This Agreement constitutes the full and entire understanding and agreement between among the parties hereto with regard to their subject matter and supersedes any all prior agreementwritten or oral agreements, draft or proposal understandings, representations and warranties made with respect to the subject matter hereofthereto. This No amendment, supplement or modification of this Agreement or any part hereof may waiver of any provision thereof shall be changed or waived only by an instrument made except in writing signed executed by the party against which whom enforcement of such change or waiver is sought.

Appears in 1 contract

Samples: Loan and Security Agreement (Startec Global Communications Corp)

Entire Agreement; Amendments. This Agreement constitutes states the entire agreement between the parties hereto and supersedes any all prior agreementagreements, draft written or proposal verbal, between the parties hereto, in each case with respect to the subject matter hereof, and may not be amended except in writing signed by a duly authorized representative of each of the respective parties hereto. This No term of this Agreement or any part hereof may be changed waived, modified or waived only by an instrument amended except in a writing signed by the party against which whom enforcement of such change the waiver, modification or waiver amendment is sought.

Appears in 1 contract

Samples: Resignation and Successor Agent Agreement (American Capital, LTD)

Entire Agreement; Amendments. This Agreement constitutes contains the entire ---------------------------- agreement between of all of the parties hereto and supersedes any and replaces all prior agreement, draft or proposal with respect to agreements between the parties concerning the subject matter hereof. This Agreement or any part hereof may not be changed or waived only modified in whole or in part except by an instrument in a writing signed by the party against which whom enforcement of such the change or waiver modification is sought.

Appears in 1 contract

Samples: Noncompetition Agreement (Metatools Inc)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof matters contained herein, and may be changed amended, modified or waived only by an instrument in a separate writing signed executed by the party against which enforcement of such change Company and the Recipient expressly so amending, modifying or waiver is soughtwaiving this Agreement.

Appears in 1 contract

Samples: Confidentiality Agreement

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft draft, or agreement or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed amended or waived only by an instrument in writing signed by the party against which enforcement of such change said amendment or waiver is sought.. THIS DOCUMENT CONSTITUTES CONFIDENTIAL INFORMATION OF SEI INVESTMENTS DISTRIBUTION COMPANY

Appears in 1 contract

Samples: Distribution Services Agreement (Advisors' Inner Circle Fund III)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only by an instrument in writing signed by the party against which enforcement of such change or waiver is sought, and authorized or approved by the Trust’s Board of Trustees, as necessary.

Appears in 1 contract

Samples: Distribution Agreement (TigerShares Trust)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement or any part hereof and supersedes all prior written and oral agreements with respect thereto, and may be changed waived, changed, discharged or waived terminated only by an instrument in writing signed by the party against which whom enforcement of such change any waiver, change, discharge or waiver termination is sought.

Appears in 1 contract

Samples: Stock Transfer and Shareholders Agreement (Trigen Energy Corp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereof, and supercedes and replaces any prior or contemporaneous agreements or understandings, whether written or oral, relating to such subject matter. This Agreement is not intended to confer upon any person other than the Parties hereto any rights or any part hereof remedies hereunder. This Agreement may not be changed modified or waived only by an instrument amended except in writing signed by the party against which enforcement of such change or waiver is soughtParties.

Appears in 1 contract

Samples: Rescission Agreement (Windaus Global Energy Inc)

Entire Agreement; Amendments. This Agreement constitutes represents the entire understanding and agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof. This Agreement may be amended, supplemented, or changed, and any part provision hereof may be changed or waived waived, only by an a written instrument in writing signed executed by the party against which enforcement of such change or waiver is soughtSeller and Purchaser.

Appears in 1 contract

Samples: Stock Repurchase Agreement (Graco Inc)

Entire Agreement; Amendments. This Agreement constitutes sets forth the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal to this Agreement with respect to the subject matter hereof. This No amendment, rescission, waiver, modification, or other change to this Agreement shall be of any force or any part hereof may be changed or waived only by an instrument effect unless set forth in writing and hereafter signed by the party against which enforcement of such change or waiver is soughteach Party.

Appears in 1 contract

Samples: Second Funding Agreement

Entire Agreement; Amendments. Waivers This Agreement constitutes contains the entire agreement between and understanding of the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, merging herein and superseding any negotiations and/or prior oral or written agreements between the parties as to the purchase and sale of the Interests. This Agreement may not be amended, modified or discharged, nor may any part hereof may of its terms be changed or waived only waived, except by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtto be bound thereby.

Appears in 1 contract

Samples: Partnership Interest Purchase Agreement (Capital Realty Investors Iii LTD Partnership)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between among the parties hereto and supersedes any prior agreement, draft or proposal with respect pertaining to the subject matter hereofhereof and supersedes and replaces all prior agreements including the Original License, understandings, negotiations and discussions, whether oral or written, of the parties. This No supplement, modification, amendment or waiver of this Agreement or any part hereof may shall be changed or waived only by an instrument binding unless executed in writing signed by the party against which enforcement of such change or waiver is soughtto be bound thereby.

Appears in 1 contract

Samples: Exclusive License Agreement (Tonix Pharmaceuticals Holding Corp.)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto Parties and supersedes any all prior agreementagreements, draft understandings, and arrangements, oral or proposal written, between the Parties with respect to the subject matter hereof. This Agreement may not be modified or any part hereof may be changed or waived only amended except by an instrument or instruments in writing signed by the party Party against which whom enforcement of any such change modification or waiver amendment is sought.

Appears in 1 contract

Samples: Account Servicing Agreement (Fusion Acquisition Corp.)

Entire Agreement; Amendments. This Agreement Amendment constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Agreement or Neither this Amendment nor any part term hereof may be changed amended or waived only by an except pursuant to a written instrument in writing signed executed by the party against Company and by the holders of the Notes holding a majority of the outstanding principal of the Notes. Any waiver granted hereunder shall be effective only in the specific instance and for the specific purpose for which enforcement of such change or waiver is soughtgiven.

Appears in 1 contract

Samples: Securities Purchase Agreement (Integrated Biopharma Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between of the parties hereto and supersedes any prior agreement, draft or proposal Parties with respect to the subject matter hereofhereof and supersedes all prior contracts or agreements with respect to such matters, whether oral or written. This No amendments, changes or modifications to this Agreement or any part hereof may shall be changed or waived only by an instrument valid unless they are in writing and signed by a duly authorized representative of each of the party against which enforcement Parties. No waiver of any right under this Agreement shall be valid unless in writing and signed by a duly authorized representative of each of the Parties waiving such change or waiver is soughtright.

Appears in 1 contract

Samples: Master Management Services Agreement (Falcon Minerals Corp)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement and understanding between the parties hereto and supersedes any prior agreement, draft or proposal with respect to the subject matter hereof, and, except as specifically provided herein, supersedes any and all other agreements, verbal or otherwise, between the parties hereto concerning such subject matter, including without limitation the Prior Employment Agreement). This No amendments or modifications of this Agreement or any part hereof may shall be changed or waived only by an instrument binding upon either party unless made in writing and signed by the party against which enforcement of such change or waiver is soughtboth parties.

Appears in 1 contract

Samples: Employment Agreement (Omnicare Inc)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto Parties pertaining to matters covered herein between CWA and Company and supersedes any all prior agreementor contemporaneous agreements, draft understandings, and negotiations of the Parties. Except as otherwise set forth herein, this Agreement shall not be modified, amended, or proposal with respect to the subject matter hereof. This Agreement or any part hereof may be changed or waived only supplemented except in a written instrument executed by an instrument in writing signed by the party against which enforcement of such change or waiver is soughtboth Parties.

Appears in 1 contract

Samples: Instructor Certification Program Agreement

Entire Agreement; Amendments. This Agreement constitutes contains the entire ---------------------------- agreement between the parties hereto with respect to the subject matter hereof and supersedes any all prior agreementand contemporaneous agreements and understandings, draft oral or proposal written, with respect to the subject matter hereof, including the Prior Change of Control Agreement. This Agreement may not be changed, amended or any part hereof modified orally, but may be changed or waived change only by an instrument agreement in writing signed by the party against which enforcement of such change whom any waiver, change, amendment, modification or waiver is discharge may be sought.

Appears in 1 contract

Samples: Change of Control Agreement (Central Jersey Bancorp)

Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior agreement, draft or proposal with respect regard to the subject matter hereofhereof and thereof, superseding all prior agreements or understandings, whether written or oral, between or among the parties. This Except as expressly provided herein, neither this Agreement or nor any part term hereof may be changed or amended except pursuant to a written instrument executed by the Buyer and the holders of at least two-thirds (2/3) of the Shares, and no provision hereof may be waived only other than by an a written instrument in writing signed by the party against which whom enforcement of any such change or waiver is sought.

Appears in 1 contract

Samples: Securities Purchase Agreement (Unipro Financial Services Inc)

Entire Agreement; Amendments. This Agreement constitutes represents the entire agreement between understanding of the parties hereto and supersedes supercedes and cancels any and all prior agreementnegotiations, draft undertakings and agreements between (i) the parties; and/or (ii) Crossover Advisors, LLC and the Company, whether written or proposal oral, with respect to the subject matter hereofof the Agreement. This Agreement or any part hereof may be changed amended, modified, waived or waived terminated only by an a written instrument in writing signed by the party against which enforcement of such change or waiver is soughtboth parties to this Agreement.

Appears in 1 contract

Samples: Management Consulting Agreement (Augrid of Nevada Inc)

Entire Agreement; Amendments. This Agreement constitutes is the parties’ entire agreement between the parties hereto relating to its subject and supersedes any prior agreement, draft or proposal with respect to the subject matter hereofcontemporaneous agreements on that subject. This Agreement or any part hereof may Any amendment must be changed or waived only by an instrument in writing signed (including by the party against which enforcement of such change or waiver electronic signature) by both parties and expressly state that it is soughtamending this Agreement.

Appears in 1 contract

Samples: Services Agreement (Inuvo, Inc.)

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