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 1196 contracts
Samples: Collateral Management Agreement (MSD Investment Corp.), Receivables Sale Agreement (PennyMac Mortgage Investment Trust), Receivables Pooling Agreement (PennyMac Mortgage Investment 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.
Appears in 570 contracts
Samples: Advisory Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.), Dealer Manager Agreement (Creative Media & Community Trust Corp), Advisory Agreement (NRI Real Estate Investment & Technology, 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 or usage of the trade inconsistent with any of the terms hereof.
Appears in 210 contracts
Samples: Advisory Agreement (Apollo Realty Income Solutions, Inc.), Advisory Agreement (North Haven Net REIT), Management Agreement (Fortress Net Lease REIT)
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 198 contracts
Samples: Advisory Agreement (KBS Growth & Income REIT, Inc.), Management Agreement (Park View OZ REIT Inc), Advisory Agreement (KBS Real Estate Investment Trust III, 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 160 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.), Fourth Amended and Restated Advisory Agreement (Carter Validus Mission Critical REIT II, Inc.), Third Amended and Restated 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 94 contracts
Samples: Closed End Fund Distribution Services Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.), Closed End Fund Distribution Services Agreement (Thornburg Income Builder Opportunities Trust), Investor Support Services And (Thornburg Income Builder Opportunities Trust)
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-Ar5 Trust), Servicing Agreement (Wells Fargo Mortgage Backed Securities 2006-20 Trust)
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 59 contracts
Samples: Rental Agreement, Memorandum of Understanding, Commission Agreement
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 Capital I Trust 2007-Iq14), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Iq11), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2007-Iq13)
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 42 contracts
Samples: Advisory Agreement (Steadfast Apartment REIT III, Inc.), Advisory Agreement (Steadfast Apartment REIT, Inc.), Advisory Agreement (Steadfast Income REIT, 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 Letter of Understanding (solely with respect to those portions of this Agreement that are not assigned to the Trustee), 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 37 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Top20), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2006-Top23), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq6)
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 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 25 contracts
Samples: Employment Agreement (Sweet Success Enterprises, Inc), Consulting Agreement (Smith & Wesson Holding Corp), Consulting Agreement (Syntax-Brillian 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 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 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 22 contracts
Samples: Severance and Change in Control Agreement (Quest Resource Holding Corp), Severance and Change in Control Agreement (Quest Resource Holding Corp), Executive Agreement (Quest Resource Holding 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 usage of the trade inconsistent with any of the terms hereof.
Appears in 16 contracts
Samples: Registration Rights Agreement (Behringer Harvard Multifamily Reit I Inc), Registration Rights 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 the parties hereto Parties to it with respect to the its subject matter hereofmatter, 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 its subject matter hereofmatter. 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 hereofits terms.
Appears in 16 contracts
Samples: Service Agreement (Ilustrato Pictures International Inc.), Placement Agreement, Graphic Design Contract
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 and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous earlier agreements, understandings, inducements inducements, and conditions, express or implied, oral or written, of any nature whatsoever sort whatsoever, with respect to the subject matter hereofhereof and contains the complete agreement and understanding between the Parties hereto. The express terms hereof control and supersede any course of performance and/or Any usage of the trade inconsistent that conflicts with any of the terms herein is superseded and replaced by the express terms hereof.
Appears in 14 contracts
Samples: Kentucky Sublease Agreement, Maine Sublease Agreement, West Virginia Sublease Agreement
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 (solely with respect to those portions of this Agreement that are not assigned to Trustee), 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 13 contracts
Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006 - HQ9), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Hq8), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq11)
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 13 contracts
Samples: Freelance Contract Agreement, Shareholders Agreement, Vehicle Sale Agreement
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 12 contracts
Samples: Payment Agreement, Referral Partner Agreement, Accounting Contract
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 Corp), Trust Agreement (Structured Asset Securities Corporation), Trust Agreement (Structured Asset Securities Corporation)
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.), Agreement and Plan of Merger (Commonwealth Telephone Enterprises Inc /New/), Limited Liability Company Operating Agreement (Commonwealth Telephone Enterprises Inc /New/)
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 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 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 9 contracts
Samples: Advisory Agreement (Parking REIT, Inc.), Advisory Agreement (MVP REIT II, Inc.), Agreement and Plan of Merger (MVP REIT, 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, 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), Stock Exchange Agreement (Delta International Mining & Exploration Inc), Asset Purchase Agreement (Roo Group Inc)
Entire Agreement. This Agreement contains the entire agreement and understanding among between the parties hereto with respect to employment, compensation and benefits of the subject matter hereofExecutive, and supersedes supersede all other prior and contemporaneous agreements, agreements and understandings, inducements and or conditions, express or implied, oral or written, between the Executive or any of any nature whatsoever with respect their respective Affiliates relating to the subject matter hereofof this Agreement, which other prior and contemporaneous agreements and understandings, inducements or conditions 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.
Appears in 8 contracts
Samples: Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc), Employment Agreement (Neutral Posture Ergonomics Inc)
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 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 7 contracts
Samples: Advisory Agreement (Moody National REIT II, Inc.), Agreement and Plan of Merger (Moody National REIT II, Inc.), Agreement and Plan of Merger (Moody National 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 or conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereofexcept 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 7 contracts
Samples: Employment Agreement (Cellstar Corp), Employment Agreement (Cellstar Corp), Separation Agreement (Cellstar 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. This Agreement may not be modified or amended other than by agreement in writing.
Appears in 6 contracts
Samples: Employment Agreement (Advanced Photonix Inc), Employment Agreement (Advanced Photonix Inc), Employment Agreement (Advanced Photonix 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 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 Except as herein contained, 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 agreements, agreements and understandings, inducements inducements, and conditions, express or implied, oral or written, of which shall no longer have any nature whatsoever with respect to the subject matter hereofforce or effect. 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: Employment Agreement (TherapeuticsMD, Inc.), Employment Agreement (TherapeuticsMD, Inc.), Employment 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 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 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 by the parties hereto.
Appears in 5 contracts
Samples: Registration Agreement (Us Dataworks Inc), Registration Agreement (Us Dataworks Inc), Registration Agreement (Us Dataworks 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 expressed 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 5 contracts
Samples: Employment Agreement (Thinkpath Inc), Employment Agreement (Thinkpath Inc), Employment Agreement (Thinkpath 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 5 contracts
Samples: Room Rental Agreement, Investment Contractual Agreement, Vendor Agreement
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 Parties 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 5 contracts
Samples: Asset Purchase Agreement (Super League Enterprise, Inc.), Asset Purchase Agreement (Super League Gaming, Inc.), Asset Purchase Agreement (Super League Gaming, 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 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: Shareholders Agreement (Solar Night Industries, Inc.), Stock Purchase Agreement (Vertical Computer Systems Inc), Stock Purchase Agreement (Vertical Computer 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, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the 398 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: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C11), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2013-C12), Pooling and Servicing Agreement (COMM 2013-Lc13 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, 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, 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 (Retail Ventures Inc), Supply Agreement (DSW Inc.), Supply Agreement (Stein Mart Inc)
Entire Agreement. This Except as herein contained, 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 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.
Appears in 4 contracts
Samples: Employment Agreement (American Outdoor Brands, Inc.), Employment Agreement (American Outdoor Brands, Inc.), Employment Agreement (American Outdoor Brands 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 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 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. (k)
Appears in 3 contracts
Samples: Dealer Manager Agreement (Carey Credit Income Fund 2017 T), www.sec.gov, www.sec.gov
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 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), Oem Agreement (Vodavi Technology Inc), Strategic Alliance Agreement (Vodavi Technology Inc)
Entire Agreement. This Agreement contains and the Related Agreements contain the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes supersede 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 and therein 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. m.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Three Cities Offshore Ii Cv), Securities Purchase Agreement (Three Cities Fund Ii Lp), Securities Purchase Agreement (Terfin International LTD)
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
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 or 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 agreement in writing.
Appears in 3 contracts
Samples: Pledge Agreement (Brandywine Realty Trust), Pledge Agreement (Brandywine Realty Trust), Voting Agreement (Brandywine Realty Trust)
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 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 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 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 (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.), Management Agreement (American Realty Capital Hospitality 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 supersede 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: Fund Distribution Services Agreement (Aberdeen Standard Global Infrastructure Income Fund), Fund Distribution Services Agreement (Aberdeen Standard Global Infrastructure Income Fund)
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: Developers Incentive Agreement, Developers 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 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 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), Assignment Agreement (Structured Asset Securities 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 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: Soliciting Dealer Agreement (Up Sedona Inc), Soliciting Dealer Agreement (Venturi Technologies Inc)
Entire Agreement. This The terms and conditions of this Agreement contains represent 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, 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 [Confidential treatment requested for redacted portions of document] 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 all parties.
Appears in 2 contracts
Samples: Linking Agreement (Cdnow Inc), Linking Agreement (Cdnow 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 Series 2000-C1), Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)
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: Release and Assumption Agreement (Portola Packaging Inc), Stock Purchase Agreement (Nhancement Technologies 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, among the parties. The parties intend that this Agreement be the complete and exclusive embodiment of their agreement, and that any nature whatsoever with respect to the subject matter hereofevidence, oral or written, of a prior or contemporaneous agreement that alters or modifies this Agreement shall not be admissible in any proceeding concerning this Agreement. 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, Asset Purchase Agreement (McGrath Rentcorp)
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 between the parties hereto with respect to the subject matter hereofhereof (other than the separate agreement between Seller and Purchaser regarding costs and expenses, the Xxxx of Sale, 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 2 contracts
Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2015-Ms1), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2015-Ms1)
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.. 107
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Sequoia Residential Funding 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 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 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 Except as herein contained, 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 agreements, agreements and understandings, inducements inducements, and conditions, express or implied, oral or written, which shall no longer have any force of any nature whatsoever with respect to the subject matter hereofeffect. 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 between the parties in writing.
Appears in 2 contracts
Samples: Employee Retention and Motivation Agreement (Progress Software Corp /Ma), Employee Retention and Motivation Agreement (Progress Software Corp /Ma)
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 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
Entire Agreement. This Agreement contains and the other documents ---------------- delivered pursuant hereto constitute the full and entire understanding and agreement and understanding among between the parties hereto with respect regard to the subject matter hereofsubjects hereof 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: Subordinated Note and Warrant Purchase Agreement (Divicore Inc), Subordinated Note and Warrant Purchase Agreement (Divicore Inc)
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 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 contains and the other documents delivered pursuant hereto shall constitute the full and entire understanding and agreement and understanding among the parties hereto with respect to regard to. the subject matter hereofhereof and thereof, and supersedes supersede 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 shall control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
Appears in 1 contract
Entire Agreement. This 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 1 contract
Samples: Sub Advisory Agreement (InPoint Commercial Real Estate Income, 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 1 contract
Entire Agreement. This Agreement contains constitutes 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 1 contract
Samples: Custody 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.
Appears in 1 contract
Entire Agreement. This Agreement Agreement, together with the Contribution 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 or 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 agreement in writing.
Appears in 1 contract
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 First 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 1 contract
Samples: 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 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.. 156
Appears in 1 contract
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-16ax)
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.. 140
Appears in 1 contract
Entire Agreement. o 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 1 contract
Samples: Rights) 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 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 such terms. This Agreement may not be modified or amended other than by an agreement in writing signed by all the terms hereofparties hereto.
Appears in 1 contract
Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes supersede 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 and therein 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 1 contract
Samples: Securities Purchase Agreement (Terfin International LTD)
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 1 contract
Samples: Advisory Agreement (ARES INDUSTRIAL 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 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 1 contract
Samples: Terms and Conditions
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.. 20.07
Appears in 1 contract
Samples: Sub Advisory 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.hereof -18-
Appears in 1 contract
Samples: Supply Agreement (Cerprobe Corp)
Entire Agreement. This Agreement (including the Background Section hereof) 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 hereofPrior Agreement, 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. This Agreement may not be modified or amended other than by an agreement in writing.
Appears in 1 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..
Appears in 1 contract
Samples: Flow Servicing Agreement (PennyMac Financial Services, Inc.)