Xxxxxx Xxxxxxent. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements understandings, negotiations and discussions of the parties in connection therewith not referred to herein.
Xxxxxx Xxxxxxent. This agreement represents the entire Agreement and understanding between the Company and Manager. There are no oral agreements or understandings outside this Agreement. However, Company and Manager agree to execute such other instruments and agreements as are reasonably necessary to perform their obligations hereunder.
Xxxxxx Xxxxxxent. This Agreement embodies the entire agreement and understanding between the parties hereto, and supersedes all prior agreements and understandings relating to this Agreement's subject matter. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but such counterparts shall, together, constitute only one instrument.
Xxxxxx Xxxxxxent. This Agreement containx xxx xxxxxx xxreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties. This Agreement is for the unique personal services of Dunn and is not assignable or delegable, in whole or in part, by Dunx. This Agreement may be assigned or delegated, in whole or in xxxt, by the Company and, in such case, shall be assumed by and become binding upon the person, firm, company, corporation or business organization or entity to which this Agreement is assigned. The headings contained in this Agreement are for reference only and shall not in any way affect the meaning or interpretation of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and, in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one of such counterparts.
Xxxxxx Xxxxxxent. This Guaranty constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between or among Guarantor, the Company and the Lender with respect to the subject matter hereof.
Xxxxxx Xxxxxxent. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, supersedes all prior agreements between the parties, and may not be changed or terminated orally. No change, termination, or attempted waiver of any of the provisions hereof or thereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
Xxxxxx Xxxxxxent. This Agreement cxxxxxxxxxx xhe entire agreement among the parties hereto with respect to the subject matter hereof, supersedes and is in full substitution for any and all prior agreements and understandings among them relating to such subject matter, and no party shall be liable or bound to the other party hereto in any manner with respect to such subject matter by any warranties, representations, indemnities, covenants, or agreements except as specifically set forth herein. The Exhibits and Schedules to this Agreement are hereby incorporated and made a part hereof and are an integral part of this Agreement.
Xxxxxx Xxxxxxent. The parties hereto agree that this Escrow Agreement contains the entire agreement among the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings between them as to such subject matter; and there are no restrictions, agreements, arrangements, oral or written, between any or all of the parties relating to the subject matter hereof which are not fully expressed or referred to herein or in the Agreements. In the event of a conflict between the terms and provisions hereof and the Extension Agreement, the terms and provisions hereof shall govern the rights, obligations and liabilities of the Escrow Agent.
Xxxxxx Xxxxxxent. This instrument and the Service Agreement dated August 31, 2004 (attached hereto as Exhibit "C", any conflict between this Agreement and the Service Agreement, the terms and conditions of this Agreement shall prevail) that is signed by the Parties constitute the entire agreement between the parties with respect to the transactions contemplated herein and supersedes all previous written or oral negotiations, commitments and writings and cannot be altered or otherwise amended except pursuant to an instrument in writing signed by each of the parties hereto.
Xxxxxx Xxxxxxent. This Agreement and the other Transaction Documents, and the exhibits and schedules hereto and thereto, contains, and is intended to be, a complete statement of all the terms of the arrangements between or among the parties hereto with respect to the matters set forth herein, and supersedes any previous agreements, understandings and discussions between the parties hereto with respect to those matters. There are no promises, representations, warranties, covenants or undertakings other than those set forth herein and in the other Transaction Documents, and the exhibits and schedules hereto and thereto
