Common use of Entire Agreement; Amendment and Waiver; Successors and Assigns Clause in Contracts

Entire Agreement; Amendment and Waiver; Successors and Assigns. This Agreement contains the entire understanding of the parties hereto with respect to, and supersedes all prior agreements relating to, its subject matter. There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings between the parties other than those expressly set forth herein. This Agreement may be amended only by a written instrument duly executed by the parties hereto or their respective successors or assigns. Notwithstanding the foregoing, Section 15 hereof may not be amended, modified or waived. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law. The terms and conditions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors, heirs, executors, legal representatives and assigns. No party hereto may assign or otherwise transfer either this Agreement or any of its rights, interests or obligations hereunder without the prior written consent of the other parties hereto. Any purported transfer without such consent shall be void.

Appears in 2 contracts

Samples: Agreement (Telecommunication Systems Inc /Fa/), Execution Version Agreement (Becker Drapkin Management, L.P.)

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Entire Agreement; Amendment and Waiver; Successors and Assigns. This Agreement contains the entire understanding of the parties hereto with respect to, and supersedes all prior agreements relating to, to its subject matter, provided that nothing herein shall replace the confidentiality agreement between the Company and Mxxx Xxxxxx dated as of June 3, 2016, which remains in full force and effect. There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings between the parties other than those expressly set forth herein. This Agreement may be amended only by a written instrument duly executed by the parties hereto or their respective successors or assigns. Notwithstanding the foregoing, Section 15 hereof may not be amended, modified or waived. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law. The terms and conditions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors, heirs, executors, legal representatives representatives, and permitted assigns. No party hereto may shall assign or otherwise transfer either this Agreement or any of its rights, interests rights or obligations hereunder without the prior written consent the other party. This Agreement shall terminate at the end of the other parties hereto. Any purported transfer without such consent Standstill Period, except Sections 4(b)-(j) shall be voidsurvive termination.

Appears in 1 contract

Samples: Nomination and Standstill Agreement (Birner Dental Management Services Inc)

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Entire Agreement; Amendment and Waiver; Successors and Assigns. This Agreement contains the entire understanding of the parties hereto with respect to, and supersedes all prior agreements relating to, to its subject matter, provided that nothing herein shall replace the confidentiality agreement between the Company and Xxxx Xxxxxx dated as of June 3, 2016, which remains in full force and effect. There are no restrictions, agreements, promises, representations, warranties, covenants or undertakings between the parties other than those expressly set forth herein. This Agreement may be amended only by a written instrument duly executed by the parties hereto or their respective successors or assigns. Notwithstanding the foregoing, Section 15 hereof may not be amended, modified or waived. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. All remedies hereunder are cumulative and are not exclusive of any other remedies provided by law. The terms and conditions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors, heirs, executors, legal representatives representatives, and permitted assigns. No party hereto may shall assign or otherwise transfer either this Agreement or any of its rights, interests rights or obligations hereunder without the prior written consent the other party. This Agreement shall terminate at the end of the other parties hereto. Any purported transfer without such consent Standstill Period, except Sections 4(b)-(j) shall be voidsurvive termination.

Appears in 1 contract

Samples: Nomination and Standstill Agreement (Digirad Corp)

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