Entire Agreement; Modification; Waiver. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations and oral understandings, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver of any other provision, breach or default.
Appears in 9 contracts
Samples: Employment Agreement (FriendFinder Networks Inc.), Employment Agreement (FriendFinder Networks Inc.), Consulting Agreement (Electric Car Company, Inc.)
Entire Agreement; Modification; Waiver. This Except as otherwise specifically contemplated herein, this Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations and oral understandings, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver of any other provision, breach or default.
Appears in 6 contracts
Samples: Employment Agreement (IDI, Inc.), Employment Agreement (FriendFinder Networks Inc.), Employment Agreement (FriendFinder Networks Inc.)
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement and understanding between the parties with respect pertaining to the subject matter hereof contained herein and supersedes all prior negotiations and oral understandingscontemporaneous agreements, if anyrepresentations and understandings of the parties. Neither No termination, modification or amendment of this Agreement nor any of its provisions may shall be modifiedbinding, amended, waived, discharged or terminated, in whole or in part, except unless executed in writing signed by the party to be chargedparties hereto. No waiver of any such provision or any breach of or default under the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, breach whether or defaultnot similar, nor shall any waiver constitute a continuing waiver.
Appears in 2 contracts
Samples: Employment Agreement (Pioneer Commercial Funding Corp /Ny/), Employment Agreement (Russian Wireless Telephone Co Inc)
Entire Agreement; Modification; Waiver. This Agreement contains represents the entire agreement and understanding between the parties parties, and supersedes all prior agreements and understandings, written or oral, with respect to the subject matter hereof and supersedes all prior negotiations and oral understandingsmatters covered by this Agreement. No modification of nor amendment to this Agreement, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver of any such provision rights under this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any breach of or default under this Agreement delay in exercising any rights shall be deemed or shall not constitute a waiver of any other provision, subsequent breach or default. 7.
Appears in 2 contracts
Samples: sp.ts.fujitsu.com, sp.ts.fujitsu.com
Entire Agreement; Modification; Waiver. This Agreement contains sets forth the entire agreement and understanding between the parties hereto with respect to the subject matter hereof hereof, and supersedes all prior negotiations other agreements and oral understandingsunderstandings previously entered into, if anywritten or oral, between the parties hereto with respect to the subject matter hereof. Neither this This Agreement nor any of its provisions may shall not be modified, amended, waived, discharged modified or terminated, in whole or in part, changed except by an instrument in writing signed by the party to be chargedparties hereto. No A waiver of any such provision or any the breach of any term or default under condition of this Agreement shall not be deemed or shall to constitute a waiver of any subsequent breach of the same or any other provision, breach term or defaultcondition.
Appears in 1 contract
Samples: UL Inc.
Entire Agreement; Modification; Waiver. This Agreement contains is the entire agreement and understanding between the parties with respect to the subject matter hereof parties, and supersedes all prior negotiations and oral understandings, if anycontemporaneous agreements and representations. Neither No modification of this Agreement nor any of its provisions may will be modified, amended, waived, discharged or terminated, in whole or in part, except binding unless executed in writing signed by the party to be chargedparties. No waiver of any such provision or any breach of or default under the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, breach or defaultnor a continuing waiver. No waiver shall be binding unless executed in writing by the party to be charged.
Appears in 1 contract
Samples: Supply, Development and License Agreement (Adept Technology Inc)
Entire Agreement; Modification; Waiver. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations and oral understandings, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver wavier of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver of any other provisionprovisions, breach or default.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement and understanding between the parties with respect pertaining to the subject matter hereof contained in it and supersedes all prior negotiations and oral understandingscontemporaneous agreements, if anyrepresentations, and understandings of the parties. Neither No supplement, modification, or amendment of this Agreement nor any of its provisions may shall be modified, amended, waived, discharged or terminated, in whole or in part, except binding unless executed in writing signed by the party to be chargedboth parties. No waiver of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver of any other provision, breach or defaultprovision nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making it.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement and understanding between the parties with respect pertaining to the subject matter hereof contained in it and supersedes all prior negotiations and oral understandingscontemporaneous agreements, if anyrepresentations, and understandings of the parties. Neither No supplement, modification, or amendment of this Agreement nor any of its provisions may shall be modified, amended, waived, discharged or terminated, in whole or in part, except binding unless executed in writing signed by all the party parties to be chargedbound hereby. No waiver of any such provision or any breach of or default under the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision, breach whether or default.not similar, nor shall any waiver constitute a continuing waiver. No
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement contains represents the entire agreement and understanding between the parties parties, and supersedes all prior agreements and understandings, written or oral, with respect to the subject matter hereof and supersedes all prior negotiations and oral understandingsmatters covered by this Agreement. No modification of nor amendment to this Agreement, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver of any such provision rights under this Agreement, shall be effective unless in writing and signed by both parties. The waiver of one breach or default or any breach of or default under this Agreement delay in exercising any rights shall be deemed or shall not constitute a waiver of any other provision, subsequent breach or default.. c.
Appears in 1 contract
Samples: sp.ts.fujitsu.com
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement and understanding between the parties with respect pertaining to the subject matter hereof contained in it and supersedes all prior negotiations and oral understandingscontemporaneous agreement, if any. Neither this Agreement nor any representations and understandings of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be chargedparties. No waiver of any such provision or any breach of or default under this the provisions of the Agreement shall be deemed deemed, or shall constitute a waiver of any other provision, breach whether or defaultnot similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 1 contract
Samples: Creditors Trust Agreement (Diamond Hitts Production Inc)
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement understanding of the parties hereto and understanding supersedes any and all prior or contemporaneous representations or agreements, whether written or oral, between the parties with respect to the subject matter hereof parties, and supersedes all prior negotiations and oral understandings, if any. Neither this Agreement nor any of its provisions may cannot be modified, amended, waived, discharged changed or terminated, in whole or in part, except modified unless in writing signed by the party to be chargedparties hereto. No waiver delay or failure to enforce any provision of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver or limitation of any other provision, breach or defaultrights enforceable under this Agreement by either party.
Appears in 1 contract
Entire Agreement; Modification; Waiver. This Agreement contains represents the entire agreement and understanding between the parties Parties, and supersedes all prior or contemporaneous agreements and understandings, written or oral, with respect to the subject matter hereof matters covered by this Agreement, and supersedes all prior negotiations and oral understandingsis not intended to confer upon any third party any rights or remedies hereunder. No modification of or amendment to this Agreement, if any. Neither this Agreement nor any of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be charged. No waiver of any such provision rights under this Agreement, shall be effective unless in writing and signed by both Parties. The waiver of one breach or default or any breach of or default under this Agreement delay in exercising any rights shall be deemed or shall not constitute a waiver of any other provision, subsequent breach or default.
Appears in 1 contract
Samples: Terms and Conditions
Entire Agreement; Modification; Waiver. This Agreement contains Except as provided in paragraph XVII, this agreement constitutes the entire agreement and understanding between of the parties with respect regarding the subject matter of the agreement and supersedes all prior agreements, verbal or written, which pertain to the subject matter hereof and supersedes all prior negotiations and oral understandings, if anyof this agreement. Neither this Agreement nor any of its provisions This agreement may be modifiedmodified only in writing, amended, waived, discharged or terminated, in whole or in part, except signed by all of the parties. The waiver of a breach of any provision of this agreement will not be construed as a waiver of any subsequent breach. No waiver will be valid unless it is in writing and signed by the party to be charged. No waiver of any such provision or any breach of or default under this Agreement shall be deemed or shall constitute a waiver of any other provision, breach or defaultgiving the waiver.
Appears in 1 contract
Samples: Independent Hauler Agreement
Entire Agreement; Modification; Waiver. This Agreement contains constitutes the entire agreement and understanding between the parties with respect pertaining to the subject matter hereof contained in it and supersedes all prior negotiations and oral understandingscontemporaneous agreement, if any. Neither this Agreement nor any representations and understandings of its provisions may be modified, amended, waived, discharged or terminated, in whole or in part, except in writing signed by the party to be chargedparties. No waiver of any such provision or any breach of or default under the provisions of this Agreement shall be deemed deemed, or shall constitute a waiver of any other provision, breach whether or defaultnot similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
Appears in 1 contract
Samples: Trademark Agreement (Xsunx Inc)