Common use of Entire Agreement; Modification; Waiver Clause in Contracts

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification of amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisions, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 6 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

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Entire Agreement; Modification; Waiver. This Agreement constitutes and the agreements referred to in the Exhibits attached hereto constitute the entire agreement between the parties relating pertaining to the subject matter hereof. All contained therein and supersedes all prior and contemporaneous agreements, representations, negotiations, representations and understandings of the parties, oral or written, relating to except for those contained in the subject matter hereof are merged into and superseded by this Change of Control Agreement. Any No supplement, modification or amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by the both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 5 contracts

Samples: Employment Agreement (City National Corp), Employment Agreement (City National Corp), Employment Agreement (City National Corp)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification of or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 4 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

Entire Agreement; Modification; Waiver. This Agreement constitutes and the Plan (the provisions of which are incorporated herein) constitute the entire agreement between among the parties relating Parties as to the subject matter hereof. All hereof and supersede all prior and contemporaneous agreements, representations, negotiationswarranties, and understandings of the partiesParties, oral or whether oral, written, relating or implied, as to the subject matter hereof are merged into and superseded by this Agreementhereof. Any modification Notwithstanding anything to the contrary herein, no supplement, modification, or amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by the partiesall Parties. No waiver of any of the provisions of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 3 contracts

Samples: Plan Support Agreement (Curative Health Services Inc), Plan Support Agreement (Trico Marine Services Inc), Plan Support Agreement (Trico Marine Services Inc)

Entire Agreement; Modification; Waiver. This Agreement Agreement, together with all Exhibits hereto which are made a part hereof, constitutes the entire agreement between the parties relating pertaining to the its subject matter hereof. All matter, and supersedes, merges and voids all prior and contemporaneous agreements, representations, negotiations, representations and understandings of the partiesparties with respect thereto, oral whether written or writtenoral. No supplement, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification or amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingunless it expressly provides such by its terms. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 3 contracts

Samples: Stock Purchase and Sale Agreement (Icu Medical Inc/De), Securities Purchase Agreement (Plainfield Special Situations Master Fund Ltd.), Stock Purchase and Sale Agreement (Icu Medical Inc/De)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement Agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification of amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisions, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating pertaining to the subject matter hereofcontained in it, except for any other agreements referenced herein. All This Agreement supersedes all prior and contemporaneous agreementsagreements (other than those entered into in writing simultaneously with this Agreement), representations, negotiations, and understandings of the parties. No supplement, oral modification, or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale (Jaymark Inc), Agreement for Purchase and Sale (Jaymark Inc)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof hereof, are merged into and superseded by this Agreement. Any modification of or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 2 contracts

Samples: Way Use Agreement, Way Agreement

Entire Agreement; Modification; Waiver. This Agreement agreement constitutes the entire agreement between the parties relating pertaining to the subject matter hereofcontained in this agreement, except for the other agreements referenced in this agreement. All This agreement supersedes all prior and contemporaneous agreements, representations, negotiations, agreements (other than those entered into in writing simultaneously with this agreement) and all prior and contemporaneous representations and understandings of the parties. No supplement, oral modification or written, relating to the subject matter hereof are merged into and superseded by amendment of this Agreement. Any modification of amendment to this Agreement agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 2 contracts

Samples: Distributor and License Agreement (AeroGrow International, Inc.), Transaction Agreement (AeroGrow International, Inc.)

Entire Agreement; Modification; Waiver. This Agreement constitutes Agreement, together with the Exhibits attached hereto, constitute the entire agreement between the parties relating pertaining to the subject matter hereof. All contained herein and supersede all prior and contemporaneous agreements, letters of intent, representations, negotiations, and understandings of the parties. No supplement, oral modification, or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver shall be binding unless executed in writing by the partiesparty making the waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 2 contracts

Samples: Land Acquisition Agreement, Land Acquisition Agreement

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the partiesParties, oral or written, relating to the subject matter hereof hereof, are merged into and superseded by this Agreement. Any modification of or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party Party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 2 contracts

Samples: Lease Agreement, Fuel Facility Use Agreement

Entire Agreement; Modification; Waiver. This Agreement and any confidentiality or nondisclosure agreement given in anticipation hereof collectively constitutes the entire agreement between the parties relating pertaining to the subject matter hereof. All hereof and thereof and supersedes all prior and contemporaneous agreements, representations, negotiations, and understandings of the parties. No supplement, oral modification or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver. No representation, promise, inducement or statement of intention relating to the transactions contemplated by this Agreement has been made by any party or any related person which is not set forth in this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Virtualfund Com Inc)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating pertaining to the subject matter hereof. All contained in it and supersedes all prior and contemporaneous agreements, representations, negotiationsand understandings. All addenda, exhibits and understandings schedules referred to in this Agreement are incorporated herein by reference as though set forth herein in full. No supplement, modification, or amendment of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Purchase Agreement (Rexford Industrial Realty, Inc.)

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Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement of the parties concerning its subject matter and supersedes any and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and agreements, between the parties relating to respecting the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any No supplement, modification of or amendment to this Agreement shall be of no force and effect binding unless it is in evidenced by a writing and signed by the partiesparty against whom it is sought to be enforced. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Fee Settlement Agreement (Jaguar Health, Inc.)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement of the Parties concerning its subject matter and supersedes any and all prior or contemporaneous, written or oral negotiations, correspondence, understandings and agreements, between the parties relating to Parties respecting the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the parties, oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any No supplement, modification of or amendment to this Agreement shall be of no force and effect binding unless it is in evidenced by a writing and signed by the partiesParty against whom it is sought to be enforced. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 1 contract

Samples: License Agreement (Jaguar Health, Inc.)

Entire Agreement; Modification; Waiver. This Agreement Modification constitutes the entire agreement between the parties relating Parties pertaining to the subject matter hereof. All contained in it and supersedes all prior and contemporaneous agreements, representations, negotiations, and understandings of the partiesParties. All prior agreements, oral written or writtenoral, among the Parties relating to the subject matter hereof of this Modification are merged into and superseded by cancelled. No supplement, modification, or amendment of this Agreement. Any modification of amendment to this Agreement Modification shall be of no force and effect binding unless it is executed in writing and signed by the partiesParty affected thereby. No waiver of any of the provisions provision of this Agreement Modification shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party Party making the waiver.

Appears in 1 contract

Samples: Modification Agreement (Energy Edge Technologies Corp.)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between among the parties relating hereto pertaining to the subject matter hereof. All hereof and supersedes all prior and contemporaneous agreements, representationsunderstandings, negotiations, negotiations and understandings of the parties, discussions whether oral or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification or waiver of amendment to any term of this Agreement shall Agreement, including a modification or waiver of this term, must be of no force and effect unless it is in writing and signed by the partiesparties to be bound by the modification or waiver. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, constitute a waiver of any provisions, other provision (whether or not similar. No ), not shall such waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiverotherwise expressly provided.

Appears in 1 contract

Samples: Agreement (Oretech Inc)

Entire Agreement; Modification; Waiver. This Agreement, the Associated Agreements, and the Confidentiality Agreement constitutes executed in connection with the Letter of Intent constitute the entire agreement between among the parties relating pertaining to the subject matter hereof. All contained in it and supersedes all prior and contemporaneous agreements, representations, negotiations, and understandings of the parties. No supplement, oral modification, or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Colorocs Information Technologies Inc)

Entire Agreement; Modification; Waiver. This Agreement constitutes and the schedules and exhibits attached to this Agreement set forth the entire agreement between of the parties relating hereto with respect to the subject matter hereof. All matters contained herein and no prior and or contemporaneous agreements, representations, negotiations, and understandings of the partiesagreement or understanding, oral or written, relating pertaining to the subject any such matter hereof are merged into and superseded by this Agreementshall be effective for any purpose. Any No supplement, modification of or amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by all of the partiesparties hereto. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stephan Co)

Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the parties relating pertaining to the subject matter hereofcontained in this Agreement, except for the other agreements referenced in this Agreement. All This Agreement supersedes all prior and contemporaneous agreements, representations, negotiations, agreements (other than those entered into in writing simultaneously with this Agreement) and all prior and contemporaneous representations and understandings of the parties. No supplement, oral modification or written, relating to the subject matter hereof are merged into and superseded by this Agreement. Any modification amendment of amendment to this Agreement shall be of no force and effect binding unless it is executed in writing and signed by the all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any provisionsother provision, whether or not similar. No , nor shall any waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writingwaiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Finders Agreement (Acro Inc.)

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