Complete Agreement; No Waiver. This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements and understandings relating hereto. No modifica- tions or additions to or deletions from this Agreement shall be binding unless accepted in writing by an authorized representative of all parties, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. This Agreement constitutes the entire, final and complete understanding between the parties hereto with respect to the subject matter of this Agreement, and, except as specifically set forth in this Agreement, supersedes and replaces all previous understandings or agreements, written, oral, or implied, with respect to the subject matter of this Agreement made or existing before the date of this Agreement. Except as expressly provided by this Agreement, no waiver or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed by both parties. The failure of any party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or similar nature.
Complete Agreement; No Waiver. Except with respect to the Bylaws, IP Policy, Privacy Policy, and any other policies and procedures that may be adopted by AMTSO from time-to-time in accordance with the Bylaws (all of which will be binding on Member), this Agreement, including all attachments, sets forth the entire understanding of AMTSO and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default under this or any other policy or procedure will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. Except with respect to the Eclipse Foundation’s Bylaws, IP Policy, the Eclipse Foundation Antitrust Policy, the Eclipse Public License, and any and all additional policies, procedures and other governance rules that may be adopted by the Eclipse Foundation from time to time in accordance with the Bylaws, and, for the avoidance of doubt, without prejudice to any statute (e.g. convention) governing a Member which is an Intergovernmental Organization, this Agreement, including all attachments, sets forth the entire understanding of the Eclipse Foundation and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Complete Agreement; No Waiver. Except with respect to the Eclipse Foundation’s Bylaws , IP Policy, Antitrust Policy, the EPL, the Common Public License (if applicable), and any other policies and procedures that may be adopted by the Eclipse Foundation from time to time in accordance with the Bylaws, this Agreement, including all attachments, sets forth the entire understanding of the Eclipse Foundation and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. This Agreement, including all attachments, and the other Governance Documents as in effect from time to time set forth the entire understanding of the Alliance and Associated Member with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings between the HESP Alliance and the Associated Member relating hereto and thereto. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. This Agreement sets forth the entire understanding of The Sequoia Project and the Participant and supersedes all prior agreements and understandings with respect to its subject matter, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. This Agreement, inclusive of all Addenda, sets forth the entire understanding of eHealth Exchange and the Participant and supersedes all prior agreements and understandings with respect to its subject matter, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Complete Agreement; No Waiver. This Agreement contains the entire understanding and agreement of the Initial Member with respect to the subject matter hereof, and there are no other agreements, understandings, representations or warranties other than those set forth herein. The terms and provisions set forth in this Agreement may be amended, and compliance with any term or provision set forth herein may be waived, only by a written instrument executed by the Initial Member. To the extent that any provision of the Articles conflicts with any provision of this Agreement, the Articles shall control. No failure or delay on the part of the Initial Member in exercising any right, power or privilege granted hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder.
