Entire Agreement; Amendments; No Waivers. This Agreement, together with the Schedules, sets forth the entire understanding of the parties with respect to its subject matter and merges and supersedes all prior and contemporaneous understandings of the parties with respect to its subject matter. No provision of this Agreement may be waived or modified, in whole or in part, except by a writing signed by each of the parties. Failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of its rights under such or any other provision. No waiver of any provision of this Agreement in any instance shall be deemed to be a waiver of the same or any other provision in any other instance.
Entire Agreement; Amendments; No Waivers. This Agreement (including the schedules and exhibits hereto) represents the entire understanding and agreement between the Parties with respect to the subject matter hereof and can be amended, supplemented or changed, and any provision hereof can be waived, only by written instrument making specific reference to this Agreement signed by the Party against whom enforcement of any such amendment, supplement, modification or waiver is sought. No action taken pursuant to this Agreement, including without limitation, any investigation by or on behalf of any Party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein. The waiver by any Party of a breach of any provision of this Agreement shall not operate or be construed as a further or continuing waiver of such breach or as a waiver of any other or subsequent breach. 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.
Entire Agreement; Amendments; No Waivers. This Separation Agreement sets forth the entire understanding of the parties with respect to its subject matter and merges and supersedes all prior and contemporaneous understandings of the parties with respect to its subject matter. No provision of this Separation Agreement may be waived or modified, in whole or in part, except by a writing signed by each of the parties. Failure of any party to enforce any provision of this Separation Agreement shall not be construed as a waiver of its rights under such or any other provision. No waiver of any provision of this Separation Agreement in any instance shall be deemed to be a waiver of the same or any other provision in any other instance.
Entire Agreement; Amendments; No Waivers. (a) This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements with respect thereto. This Agreement may be amended but only in a writing signed by each of the parties and by the addition of Transferees through execution of an agreement substantially in the form attached as Exhibit 2.1(b). Any provision hereof may be waived but only in a writing signed by the party against which such waiver is sought to be enforced.
Entire Agreement; Amendments; No Waivers. (a) This Agreement and the Confidentiality Agreement constitute the entire agreement of the parties with respect to the subject matter hereof and superede all prior agreements and understandings of the parties with respect thereto.
Entire Agreement; Amendments; No Waivers. (a) This Agreement contains the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all other prior written agreements and negotiations and oral understandings, if any, with respect to such subject matter. This Agreement may be amended but only in a writing signed by Gxxxxxx and Phoenix. Any provision hereof may be waived but only in a writing signed by the party against which such waiver is sought to be enforced.
Entire Agreement; Amendments; No Waivers. 8 Notices................................................................................................8
Entire Agreement; Amendments; No Waivers. (a) This Agreement and the other instruments and agreements referred to herein embody the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements with respect thereto. This Agreement may be amended but only in a writing signed by the Edwaxxx Xxxup, the Johnxxxx Xxxup, B&M and the Company. Any provision hereof may be waived but only in a writing signed by the party against which such waiver is sought to be enforced.
Entire Agreement; Amendments; No Waivers. (a) This Merger Agreement, with exhibits and schedules, constitutes the entire agreement, and supersedes all prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof.
Entire Agreement; Amendments; No Waivers. 3.3.1 This Agreement and the other instruments and agreements referred to herein embody the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior or contemporaneous agreements with respect thereto. This Agreement may be amended but only in a writing signed by the Stockholders who hold a majority of Stockholder Securities and the Company. Any provision hereof may be waived but only in a writing signed by the party against which such waiver is sought to be enforced.
