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

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows]

Entire Agreement; Modification; Waiver. This Agreement and Agreement, together with the Exhibits exhibits attached hereto constitute and any other agreements referenced herein, constitutes the entire agreement between the parties pertaining to the subject matter contained in it it. This Agreement,, together with the exhibits attached hereto and supersedes any other agreements referenced herein, supersede all prior and contemporaneous agreementsagreements (other than those entered into by writing simultaneously with this Agreement), representations representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits schedules and exhibits attached hereto constitute to this Agreement (which are hereby incorporated herein by this reference) set forth the entire agreement between of the parties pertaining hereto with respect to the subject matter contained in it hereof and supersedes supersede all prior and contemporaneous agreementswritten and oral negotiations, representations discussions, understandings and understandings of the partiesagreements pertaining to such subject matter. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Agreement, together with all Exhibits attached hereto constitute which are made a part hereof, constitutes the entire agreement between the parties pertaining to the its subject matter contained in it matter, and supersedes supersedes, merges and voids all prior and contemporaneous agreements, representations and understandings of the partiesparties with respect thereto, whether written or oral. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiverwaiver unless it expressly provides such by its terms. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and (including the Exhibits attached hereto constitute which are incorporated by reference) constitutes the entire agreement between the parties pertaining Parties as to the subject matter contained in it hereof and supersedes all prior and contemporaneous agreements, representations representations, warranties, and understandings of the partiesParties, whether oral, written or implied, as to the subject matter hereof. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all partiesParties affected thereby. No waiver of any of the provisions of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party Party making the waiver. [Signature page follows]Notwithstanding anything in this paragraph 8 to the contrary, the provisions of clause (g) of paragraph 2 shall not be amended, modified or waived without GCC's written consent.

Entire Agreement; Modification; Waiver. This Agreement Agreement, together with the exhibits and the Exhibits attached hereto constitute other instruments referred to herein, constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing 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 provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto -------------------------------------- agreements referenced herein constitute the entire agreement between among the parties pertaining to the subject matter contained in it herein, and supersedes supersede all prior and contemporaneous agreements, representations and understandings undertakings of the partiesparties including the 1996 Agreement. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto constitute constitutes the entire agreement between the parties pertaining to the subject matter contained in it and herein, except for any agreements referenced herein. This Agreement supersedes all prior and contemporaneous agreementsagreements (other than these entered into in writing contemporaneously with this Agreement), representations representations, and understandings of the parties. No supplement, modification, or amendment of to this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement Agreement, the Collateral Agreements, the Confidentiality Agreement, the Promissory Note and the Exhibits schedules and exhibits attached hereto constitute to this Agreement set forth the entire agreement of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding (including the letter of intent between the parties parties) pertaining to the subject any such matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesshall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No Subject to Section 10.13, no waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. (a) This Agreement and the Exhibits schedules and exhibits attached hereto constitute to this Agreement set forth the entire agreement between of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesshall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits schedules and exhibits attached hereto constitute to this Agreement (which are hereby incorporated herein by this reference), set forth the entire agreement between of the parties pertaining hereto with respect to the subject matter contained in it hereof and supersedes supersede all prior and contemporaneous agreementswritten and oral negotiations, representations discussions, understandings and understandings of the partiesagreements pertaining to such subject matter. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all partiesof the Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. (a) This Agreement, together with the schedules and exhibits attached to this Agreement and the Exhibits attached hereto constitute other documents delivered pursuant hereto, sets forth the entire agreement between of the parties Parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesshall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement or the schedules or the exhibits thereto shall be binding unless executed in writing by all partiesboth of the Parties. No waiver of any of the provisions of this Agreement or the schedules or the exhibits thereto shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party Party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits -------------------------------------- agreement referred to in the Exhibit attached hereto constitute the entire agreement between the parties pertaining to the subject matter contained in it therein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing by all both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisionprovisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement, including the Seller Disclosure Letter, the Purchaser Disclosure Letter, the Annex, all Schedules hereto and all Exhibits hereto, together with the Confidentiality Agreement and the Exhibits attached hereto constitute any other agreements contemplated hereby, constitutes the entire agreement between of the parties pertaining to the subject matter contained in it herein and supersedes all prior and or contemporaneous agreements, representations and understandings of the parties. No supplement, modificationmodification or amendment to, or amendment waiver of this Agreement shall be binding unless executed in writing by all partiesSeller or Purchaser. No waiver of any of the provisions provision of this Agreement shall be deemed, deemed or shall constitute, constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement (including all Schedules and the Exhibits attached hereto constitute to this Agreement, which are incorporated herein by this reference), sets forth the entire agreement between of the parties hereto with respect to the matters contained herein, and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it (including without limitation that certain Letter of Intent dated August 22, 2013 between Guarantor and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesSeller) shall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed it is in writing and executed by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed it is in writing and executed by the party making the waiver. [Signature page follows]Notwithstanding the foregoing, this Agreement shall not supercede or terminate any access agreement executed by any or all of the parties or any of their respective Affiliates or the Confidentiality Agreement.

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached -------------------------------------- exhibits hereto constitute the entire agreement Agreement between the parties to this Agreement, on the other, pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations representations, and all understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement Agreement, including the ------------------------------------- Exhibits hereto delivered in connection herewith, all written statements (including, without limitation, financial statements and the Exhibits attached hereto constitute information), and all certificates, agreements, documents and instruments which are identified herein as having been furnished or delivered hereunder, constitutes the entire agreement between the parties pertaining to the subject matter contained in it parties, and supersedes all prior and contemporaneous agreements, representations representations, and understandings of the parties, relating to this Agreement. No supplement, modification, or amendment of this Agreement shall be binding on any party hereto unless executed in writing by all partiesparties hereto. No waiver of any of the provisions of this Agreement shall will be deemed, or shall nor will constitute, a waiver of any other provision, whether or not similar, nor shall will any waiver constitute a continuing waiver. No waiver shall will be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits schedules and exhibits attached hereto constitute to this Agreement set forth the entire agreement between of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesshall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows]The Confidentiality Agreement shall remain in full force and effect.

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto other Contract Documents (including, without limitation, the Plans and Specifications and any amendments, modifications and supplements thereto) constitute the entire understanding and agreement between of the parties pertaining to this Agreement concerning the subject matter contained in it Project and supersedes the Work, and supersede all prior and or contemporaneous agreements, representations and written or oral understandings or agreements of the parties, and there are no other agreements or understandings between the parties, with respect the Project and the Work. Each and all of the Exhibits A through and including L referenced in this Agreement are hereby expressly incorporated herein by this reference. No supplement, modification, or amendment modifications of this Agreement the Contract shall be binding unless executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver the Contract shall be binding unless executed in writing by the party making waiving party, and any such waiver shall not constitute a waiver of any other provision of the waiver. [Signature page follows]Contract, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto -------------------------------------- exhibits hereto, constitute the entire agreement Agreement between Seller, on the parties one hand, and Buyer, on the other, pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and all understandings of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesBuyer and Seller. No waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Disclosure Schedule, together with all Exhibits attached and schedules hereto constitute or thereto and agreements or instruments executed in connection herewith or therewith, constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties; provided that nothing in this Agreement shall disclaim or require Buyer to waive reliance on any representation that Seller made in the FDD. No supplement, modification, modification or amendment of this Agreement shall be binding unless executed in writing 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 provision, whether or not similar, nor and no waiver shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement and the Exhibits attached hereto other Contract Documents (including, without limitation, the Plans and Specifications and any amendments, modifications and supplements thereto) constitute the entire understanding and agreement between of the parties pertaining to this Agreement concerning the subject matter contained in it Project and supersedes the Work, and supersede all prior and or contemporaneous agreements, representations and written or oral understandings or agreements of the parties, and there are no other agreements or understandings between the parties, with respect the Project and the Work. Each and all of the Exhibits A through and including K referenced in this Agreement are hereby expressly incorporated herein by this reference. No supplement, modification, or amendment modifications of this Agreement the Contract shall be binding unless executed in writing by all partiesthe parties to this Agreement. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver the Contract shall be binding unless executed in writing by the party making waiving party, and any such waiver shall not constitute a waiver of any other provision of the waiver. [Signature page follows]Contract, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Entire Agreement; Modification; Waiver. This Agreement and the -------------------------------------- Exhibits attached hereto constitute the entire agreement between the parties Xxxxxxx and NHP pertaining to the subject matter contained in it therein and supersedes all prior and contemporaneous agreements, representations and understandings all understanding of the parties. No supplement, modification, modification or amendment of this Agreement shall be binding unless expressed as such and executed in writing by all partiesXxxxxxx and NHP. No Except as set forth herein, no waiver of any of the provisions of this Agreement shall be deemed, deemed to be or shall constitute, constitute a waiver of any other provisionprovisions hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding unless expressed as such in a document executed in writing by the party making the waiver. [Signature page follows].

Entire Agreement; Modification; Waiver. This Agreement (including the documents referred to herein) and the Exhibits schedules and exhibits attached hereto constitute to this Agreement set forth the entire agreement between of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding pertaining to the subject any such matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the partiesshall be effective for any purpose. No supplement, modification, modification or amendment of to this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a any waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. [Signature page follows].