Common use of Entire Agreement; Enforcement of Rights Clause in Contracts

Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Netcentives Inc), Indemnification Agreement (Atroad Inc)

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Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and and, subject to Section 5(b) hereof, merges all prior discussions between themthem relating solely with respect to the subject matter herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Superior Uniform Group Inc), Indemnification Agreement (LXU Healthcare, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless signed in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Cygnus Inc /De/), Indemnification Agreement (Insilicon Corp)

Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- and, to the extent not inconsistent herewith, the Bylaws, set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges merge all prior understandings, negotiations and discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Freemarkets Inc), Indemnification Agreement (Printcafe Software Inc)

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Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire theentire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Indemnification Agreement (American Reprographics CO)

Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein Shares and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Common Stock Issuance Agreement (Rosetta Inpharmatics Inc)

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