Common use of Entire Agreement; Amendment Clause in Contracts

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to the subject matter hereof hereof, and contains the entire agreement among supersedes all prior agreements between the parties with respect hereto relating to the subject matter hereof. This Agreement matters contained herein and may not be amended, supplemented or modified, waived or terminated orally and no provisions hereof may only be modified or waived, except amended by an instrument agreement in writing signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the --------------------------- documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsstates the entire agreement of the parties hereto, written and is intended to be the complete and exclusive statement of the terms hereof. It may not be added to or oralchanged orally, among and may not be modified or rescinded, or supplemented, except by a writing signed by the parties hereto and in accordance with respect the 1940 Act or pursuant to applicable orders or interpretations of the subject matter hereof and contains SEC or the entire agreement among staff of the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoSEC.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsand any other documents, written instruments or oral, among the parties hereto with respect other writings delivered or to the subject matter hereof and contains be delivered pursuant to this Agreement constitute the entire agreement among the parties with respect to the subject matter hereof. This of this Agreement may not be amendedand supersede all prior agreements, supplemented or modifiedunderstandings, and no negotiations, whether written or oral, with respect to the subject matter of this Agreement. None of the terms and provisions hereof may contained in this Agreement can be modified or waived, except by an instrument in changed without a writing signed by each party all parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions modified nor may any provision hereof may be modified or waived, waived except by an instrument in writing signed by each party heretoto be bound thereby.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and contains the entire agreement thereof. This Agreement supersedes all prior agreements and understandings among the parties hereto with respect to the subject matter hereofhereof and thereof. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and therein. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except supplemented only by an a written instrument in writing signed duly executed by each party of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, constitutes the entire agreement among the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among transactions contemplated hereby and supersedes any other agreements, whether written or oral, that may have been made or entered into by or between the parties with respect hereto or any of their respective Subsidiaries relating to the subject matter hereofhereof or the transactions contemplated hereby. This Agreement may not be changed, amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived (other than to correct a typographical error) as to any particular provision, except by an a written instrument in writing signed executed by each party all parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written including the other instruments and documents referred to herein or oraldelivered pursuant hereto, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereof and supersedes all prior oral or written agreements, commitments or understandings with respect to such matters. This No amendment, modification or discharge of this Agreement may not shall be amended, supplemented valid or modified, and no provisions hereof may be modified or waived, except by an instrument binding unless set forth in writing signed and duly executed by each the party heretoagainst whom enforcement of the amendment, modification or discharge is sought.

Entire Agreement; Amendment. This Agreement supersedes and the various documents referred to herein contains, or incorporates, all prior agreements, written or oral, among of the parties hereto with respect to the subject matter hereof and contains the entire agreement among terms agreed upon between the parties with respect to the subject matter hereofmatter, and supersedes any and all prior written or oral understandings. This Agreement may not be amended, supplemented modified or modifiedamended except in, and no provisions hereof may be modified or waivedby, except a written instrument executed by an instrument in writing signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the documents --------------------------- expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Entire Agreement; Amendment. This Agreement embodies the entire understanding of the parties hereto, and supersedes all prior employment and related agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to regarding the subject matter hereof. This Agreement may not be amendedNo change, supplemented alteration or modified, and no provisions modification hereof may be modified or waivedmade except in a writing, except by an instrument in writing signed by each party both of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes contains all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement terms agreed upon among the parties with respect to the subject matter hereofhereof and supersedes all prior agreements, arrangements and communications, whether oral or written with respect to such subject matter. This Neither this Agreement nor any provision hereof may not be amended, supplemented changed or modified, and no provisions hereof may be modified or waived, except waived other than by an a written instrument in writing signed by each the party heretoagainst who enforcement of any such amendment, change or waiver is sought.

Entire Agreement; Amendment. This Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect regard to the subject matter hereof, superseding all prior understandings and agreements, whether written or oral. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, revised except by an instrument in a writing signed by each party heretothe parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement Agreement among the parties with respect to the subject matter hereofhereof and, unless otherwise provided herein, supersedes all prior agreements or understandings written or oral in respect thereof. This Agreement may not be amended, supplemented or modified, superseded, cancelled, renewed, or extended, and no provisions the terms or covenants hereof may be modified or waived, except waived only by an a written instrument in writing signed by each all the parties hereto, or in the case of a waiver, by the party heretowaiving compliance.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among and the related documents and instruments called for herein comprise the entire agreements of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof except by written agreement of the parties. No provision of the aforementioned agreements may be modified or waived, except by an instrument in writing signed by each party heretowriting, and only in the specific instance and for the specific purposes for which given.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oralincluding its preamble and exhibits, among and the parties hereto other documents delivered pursuant thereto constitute the full and entire understanding and agreement between the Parties with respect regard to the subject matter matters hereof and contains the entire agreement among the parties with respect to the subject matter hereofthereof and supersede all prior agreements and understandings relating thereto. This Neither this Agreement nor any term hereof may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, discharged or terminated except by an instrument in writing signed by each party heretoall the Parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, agreements (whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement ) among the parties with respect to the subject matter hereof. This Agreement may matter, is intended as a complete and exclusive statement of the terms of the agreement among the parties with respect thereto and cannot be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among between the parties with respect to the its subject matter hereofand constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented supplemented, or modified, and no provisions hereof may be otherwise modified or waived, except by an instrument in writing signed a written agreement executed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof hereof, and contains the entire agreement among the parties with respect supersedes all prior and contemporaneous agreements or understanding, oral and written, relative to the said subject matter hereofmatter. This Agreement may not be changed, amended, supplemented terminated, augmented, rescinded or modifieddischarged (other than by performance), and no provisions hereof may be modified in whole or waivedin part, except by an instrument in a writing signed executed by each party of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire and only agreement among between the parties with respect to the subject matter hereof, and no oral statements or representations or prior written matter not contained herein or therein shall have any force or effect. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, in any way except by an instrument a writing subscribed by the parties by their duly authorized representatives. No amendment of this Agreement or its exhibits or schedules shall be of any force or effect unless reduced to writing and executed in writing signed by each party heretothe parties.

Entire Agreement; Amendment. This Agreement supersedes and the instruments to be delivered by the parties pursuant hereto represent the entire understanding and agreement between the parties and supersede all prior agreementsoral and written and all contemporaneous oral negotiations, written or oral, among the parties hereto with respect to the subject matter hereof commitments and contains the entire agreement among the parties with respect to the subject matter hereof. understandings.. This Agreement may not be amended, supplemented or modified, and no provisions hereof changed, supplemented, amended or terminated, nor may any obligations hereunder be modified or waived, except by an written instrument in writing signed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with With respect to the subject matter hereof hereof, this Agreement supersedes all previous contracts and contains understandings between the parties and constitutes the entire agreement among Agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, amended in any manner except by an instrument amendment in writing signed writing, duly executed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among represents the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all prior agreements and understandings related to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in a writing signed executed by each party all of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsagreements between the parties, written whether oral or oralwritten, among covering the parties hereto with respect to the same subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofmatter. This Agreement may not be amended, supplemented amended or modified, modified otherwise than by a written agreement executed by the parties hereto or their respective successors and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.legal representatives. [Signature Page Follows]

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party all parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire ----------------------------- agreement among the parties with respect to concerning the subject matter hereofof this Agreement, and it supersedes any prior oral or written agreements between the parties. A separate writing may inform the construction of the provisions of this Agreement if expressly called for by the terms of this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing a written agreement signed by each the party heretoagainst which enforcement is sought.

Entire Agreement; Amendment. This Agreement supersedes all any prior agreementsagreements or understandings, written oral or oralwritten, among in respect of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofmatters herein set forth. This Except as otherwise set forth herein, this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed executed by each party heretothe Member and the Company.

Entire Agreement; Amendment. This Agreement supersedes contains all the terms agreed upon by the parties, and supersede any prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except amended only by an a written instrument in writing signed by each party heretothe parties against which enforcement of any waiver, change, modification, extension or discharge is sought.

Entire Agreement; Amendment. A. This Agreement supersedes all prior agreementscontains the final and entire agreement between the parties, and they shall not be bound by any terms, conditions, statements or representations, oral or written, not herein contained, or contained in a written or oral, among amendment of this Agreement executed by the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereto. This Agreement may not be amended, supplemented or modified, amended only by written agreement executed by the parties. This Agreement supersedes any and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoall previous and existing agreements.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains is the entire agreement among between the parties with respect to the subject matter hereofaddressed herein, and supersedes any prior or contemporaneous oral or written agreements or understandings. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed written amendment duly executed by each the party heretoagainst whom such amendment is to be enforced.

Entire Agreement; Amendment. This Agreement supersedes any and all prior other agreements, written either oral or oralin writing, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among between the parties with respect to the subject matter hereofengagement of the Consultant by the Company (including any previously executed agreement that has not been fully performed by both parties), and contains all of the covenants and agreements between the parties with respect thereto. This Agreement may not can only be amendedamended by the parties in writing, supplemented or modified, and no provisions hereof executed by the party against whom enforcement of any modifications may be modified or waived, except by an instrument in writing signed by each party heretosought.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains comprises the entire agreement among of the parties with respect to the subject matter hereofmatters addressed herein, and supersedes all prior oral and written agreements of the parties and all discussions, correspondence or other communications with respect to such matters. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof except by written agreement of the parties. No provision of this Agreement may be modified or waived, except by an instrument in writing signed by each party heretowriting, and only in the specific instance and for the specific purposes for which given.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior agreements and undertakings, both written and oral, with respect to the subject matter hereof. This Agreement may shall not be amended, supplemented altered or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed duly executed by each party of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to its subject matter, except that this Agreement does not cancel or supersede the subject matter hereofPlans (or the applicable long-term incentive award agreements). This Agreement may not be amended, supplemented or modified, is intended (with any documents referred to herein) as a complete and no provisions hereof exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect Parties as to the subject matter hereof. This Agreement may amends and restates in its entirety, the previous consulting agreement entered into by and between the parties. There are no verbal understandings, agreements, representations or warranties that are not expressly set forth herein. This Agreement shall not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument but only in writing signed by each party heretothe Parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the --------------------------- entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among shall supersede all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereofthereto. This No provision of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived at any time unless such amendment, except by an instrument modification or waiver shall be agreed to in writing and signed by each party both of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes Agreement, together with the Exhibits hereto, and each additional document, instrument or other agreement to be executed and delivered pursuant hereto constitute all of the agreements of the parties with respect to, and supersede all prior agreements, written or oral, among the parties hereto with respect agreements and understandings relating to the subject matter hereof of, this Agreement or the transactions contemplated by this Agreement, except that this Agreement does not supersede the Exclusive Development and contains Supply Agreement effective as of between the entire agreement among the parties with respect to the subject matter hereofparties. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an a written instrument in writing specifically referring to this Agreement signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement, together with the schedules and exhibits attached hereto, constitutes and contains the entire Agreement supersedes all prior agreements, written or oral, among of the parties Parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofno oral or written statements, representations, documents, promises or any other prior materials not embodied herein shall be of any force or effect. This Agreement may not be amended, supplemented altered or modified, and no provisions hereof may be modified or waived, except by an a written instrument in writing signed executed by each party heretoboth Parties.

Entire Agreement; Amendment. This Agreement embodies the entire understanding of the parties hereto, and supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to agreements regarding the subject matter hereof. This Agreement may not be amendedNo change, supplemented alteration or modified, and no provisions modification hereof may be modified or waivedmade except in a writing, except by an instrument in writing signed by each party both of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among agreements (including the parties hereto with respect to the subject matter hereof and contains the entire agreement among Prior Agreement) between the parties with respect to its subject matter, except that this Agreement does not cancel or supersede the subject matter hereofPlans (or the applicable long-term incentive award agreements). This Agreement may not be amended, supplemented or modified, is intended (with any documents referred to herein) as a complete and no provisions hereof exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all other prior agreements, or center contemporaneous communications between the parties (whether written or oral), among the parties hereto with respect to the subject matter hereof and contains the entire contained in this Agreement, including without limitation that certain agreement among the parties with respect to the subject matter hereof. This titled "General Services Agreement." No modification or amendment of this Agreement may not will be amended, supplemented or modified, and no provisions hereof may be modified or waived, except effective unless made in a writing executed by an instrument in writing signed by each party heretoboth parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among of the parties with respect to the subject matter hereof. This Agreement may shall not be amended, amended or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by a duly authorized officer of each party hereto.party

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the parties hereto entire agreement of the Parties with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior written and oral agreements and understandings with respect to such subject matter. Neither this Lease nor any of the subject matter hereof. This Agreement terms thereof may not be amended, supplemented supplemented, waived or modifiedmodified orally, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each party heretothe Party against which the enforcement of the amendment, supplement, waiver or modification shall be sought and no such instrument may waive the requirement that SUCH amendment, supplement, waiver or modification be in writing.

Entire Agreement; Amendment. This Agreement supersedes contains all of the terms agreed to by the parties regarding the subject matter of this Agreement and supersede any prior agreements, written understandings or oralarrangements between them, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofwhether oral or in writing. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, supplemented except by an means of a written agreement or other instrument in writing signed executed by each party both of the parties hereto. No course of conduct or dealing between the parties shall act as a modification or waiver of any provisions of this Agreement.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains embodies the entire agreement among between the parties with respect to and supersedes any prior representations, communications, understandings and agreements between the parties regarding the subject matter hereof. This There are no representations, communications, understandings or agreements, oral or written, between the parties regarding the subject matter hereof that are not fully expressed herein. No term or section of this Agreement may not be amendedcharged, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument discharged, amended or modified orally or in any manner other than in writing signed executed by each party both of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, agreements among the parties hereto with respect to its subject matter, is intended as a complete and exclusive statement of the subject matter hereof terms and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may thereto, and cannot be amended, supplemented or modified, and no provisions hereof may be modified changed or waived, terminated except by an a written instrument in writing signed executed by each the party heretoor parties against whom enforcement thereof is sought.

Entire Agreement; Amendment. This Agreement supersedes Except as provided in Section 7.8 below, this Agreement, together with all prior agreementsExhibits hereto, written or oral, among is the parties hereto Parties' entire agreement with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the subject matter hereof. This No modification to this Agreement may not will be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument binding unless in writing and signed by a duly authorized representative of each party heretoParty.

Entire Agreement; Amendment. This Agreement embodies the final, entire agreement among the parties hereto and supersedes any and all prior commitments, agreements, representations, and understandings, whether written or oral, among the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amendedcontradicted or varied by evidence of prior, supplemented contemporaneous or subsequent oral agreements or discussions of the parties hereto. None of the terms or provisions of this Agreement may be waived, altered, modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed by each party all the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among of the parties with respect to the subject matter hereofparties, and no covenants, representatives, inducements or promises, oral or otherwise, not embodied herein, shall be in force or effect. This Agreement may not be amended, supplemented or modified, and no nor any of its provisions hereof may be modified or waived, except by an instrument in a writing signed by each party heretoboth parties.

Entire Agreement; Amendment. This Agreement embodies the entire understanding of the parties hereto, and supersedes all prior agreementsother oral or written agreements or understandings between them, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to regarding the subject matter hereof. This Agreement may not be amendedNo change, supplemented alteration or modified, and no provisions modification hereof may be modified or waivedmade except in a writing, except by an instrument in writing signed by each party both of the parties hereto.

Entire Agreement; Amendment. This Agreement document contains all of the agreements between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may shall not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretowritten mutual agreement of the parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire -------------------------- agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party heretothe Pooling Trustee, the Beneficiary and Cybernet.

Entire Agreement; Amendment. This Agreement supersedes all any prior agreements, written employment or oral, among other agreements between the parties and contains the entire Agreement of the parties. There are no terms other than those contained herein. No amendment or modification of this Agreement shall be deemed effective unless or until executed in writing by the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretosame formality attending execution of this Agreement.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the entire agreement of the parties hereto with respect regard to the subject matter hereof herein, and contains the entire agreement among the parties with respect to the subject matter hereofno other covenants, representatives, inducements or promises, oral or otherwise, not embodied herein, shall be in force or effect. This Agreement may not be amended, supplemented or modified, and no nor any of its provisions hereof may be modified or waived, except by an instrument in a writing signed by each party heretoboth parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the --------------------------- documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understandings among the parties with respect to the such subject matter hereof. (including any agreements between Quilvest and the Company regarding shareholder rights.) This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement and the provisions hereof may not only be amended, supplemented supplemented, or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Entire Agreement; Amendment. This Agreement supersedes contains all prior agreements, written or oral, the terms agreed upon among the parties hereto Parties with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior agreements, arrangements and communications, whether oral or written with respect to the such subject matter hereofmatter. This Neither this Agreement nor any provision hereof may not be amended, supplemented changed or modified, and no provisions hereof may be modified or waived, except waived other than by an a written instrument in writing signed by each party heretothe Party against who enforcement of any such amendment, change or waiver is sought.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among agreements between the parties hereto Parties with respect to the its subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may cannot be amended, supplemented changed or modified, and no provisions hereof may terminated orally. Any amendment thereof must be modified or waived, except by an instrument in writing and signed by each party heretothe Parties.

Entire Agreement; Amendment. This Agreement supersedes and the Assignment, supersede all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to its subject matter, including the Royalty Agreement, and constitute a complete and exclusive statement of the terms of the agreements between the parties with respect to their subject matter hereofmatter. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an instrument in writing signed a written agreement executed by each party all of the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the entire agreement between the parties hereto with respect to the subject matter hereof services to be provided hereunder and contains the entire agreement among the parties supersedes all prior and contemporaneous agreements and understandings with respect to the subject matter hereofthereto. This No modifications or amendments of this Agreement may not shall be amended, supplemented valid or modified, and no provisions hereof may be modified or waived, except by an instrument effective unless in writing signed executed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among arrangements and undertakings between the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect relating to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except by an written instrument in writing signed executed by each party heretoboth parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect Parties as to the subject matter hereof. There are no verbal understandings, agreements, representations or warranties that are not expressly set forth in those two writings. This Agreement may shall not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument but only in writing signed by each party heretothe Parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among agreements between the parties hereto Parties with respect to its subject matter, including, without limitation, the subject matter hereof Prior Executive Agreement, and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may cannot be amended, supplemented changed or modified, and no provisions hereof may terminated orally. Any amendment thereof must be modified or waived, except by an instrument in writing and signed by each party heretothe Parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among discussions and negotiations between the parties hereto Parties with respect to the subject matter hereof of this Agreement and contains constitutes the entire agreement among between the parties Parties with respect to such subject matter. No oral statements or prior written material not specifically incorporated in this Agreement shall be of any force or effect with respect to the subject matter hereofof this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument amended unless the amendment is in writing and is signed by each party heretoboth Parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among (a) constitutes the parties entire agreement between the Parties hereto with respect to the subject matter hereof hereof; (b) supersedes and contains replaces all prior agreements, oral or written, between the entire agreement among the parties with respect Parties relating to the subject matter hereof. This Agreement ; and (c) except as otherwise indicated herein, may not be amended, supplemented or modified, and no provisions hereof may be modified amended or waived, otherwise changed in any manner except by an a written instrument in writing signed executed by each party heretothe Party against whom enforcement is sought.

Entire Agreement; Amendment. This Agreement supersedes any and all prior agreements, oral or written or oral, among the parties hereto with respect agreements heretofore made relating to the subject matter hereof and contains constitutes the entire agreement among of the parties with respect relating to the subject matter hereof. This Agreement may not be amended, supplemented or modified, amended only by a writing executed by the Buyer and no provisions hereof may be modified or waived, except by an instrument in writing signed by each Seller then a party hereto.

Entire Agreement; Amendment. This Agreement supersedes Amendment shall supersede any and all prior agreements, written or oral, among existing agreements between the parties hereto with respect and relating to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, further amended except by an instrument in writing a written agreement signed by each party all parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the other Instruments delivered in connection herewith, among embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and contains the entire supersedes any prior agreement among or under-standing between the parties with respect to the subject matter hereofof this Agreement. This Agreement may cannot be amendedamended or terminated orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in a writing signed duly executed by each party heretothe parties.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among previous contracts and understandings between the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among Agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, amended in any manner except by an instrument amendment in writing signed writing, duly executed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire -------------------------- agreement of the parties hereto with respect relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all oral agreements, and to the subject matter extent inconsistent with the terms hereof, all other written agreements. This Agreement may not be modified, amended, supplemented or modified, and no provisions hereof may be modified or waived, terminated except by an a written instrument in writing signed executed by each party all parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, and oral agreements and understandings among the parties hereto with respect as to the its subject matter hereof and contains constitutes the entire agreement among of the parties with respect to the subject matter hereof. This Agreement may not be modified, amended, supplemented terminated or modified, and no provisions hereof may be modified any provision thereof waived in whole or waived, in part except by an instrument in writing a written agreement signed by each party heretothe Company and Stockholder.

Entire Agreement; Amendment. This Agreement supersedes contains all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement terms agreed upon among the parties with respect to the subject matter hereofhereof and supersedes all prior agreements, arrangements and communications, whether oral or written with respect to such subject matter. This Neither this Agreement may not be amended, supplemented or modified, and no provisions nor any provision hereof may be modified amended or waivedwaived other than by a written instrument signed, except in the case of an amendment, by an instrument all of the parties hereto, or in writing signed the case of a waiver, by each the party heretoagainst whom the waiver is to be effective.

Entire Agreement; Amendment. This Except for the Engagement Letter, this Agreement supersedes all prior agreementsagreements and undertakings, both written or and oral, among of the parties hereto hereto, or any of them, with respect to the subject matter hereof and contains constitute the entire agreement among understanding of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended or modified except by an instrument in writing signed by each party heretoto be bound hereby.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among amends and restates the parties hereto with respect to the subject matter hereof Original Agreement is its entirety and contains the entire agreement among between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except changed orally but only by an instrument agreement in writing writing, signed by each the party heretoagainst whom enforcement of any waiver, change, modification or discharge is sought.

Entire Agreement; Amendment. This Agreement is the entire agreement of the Parties and supersedes all any prior agreementsagreements between them, whether written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereof. This No waiver, alteration, or modification of any of the provisions of this Agreement may not shall be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument binding unless in writing and signed by each party heretoduly authorized representatives of the Parties.

Entire Agreement; Amendment. 14.1 This Agreement supersedes all prior agreements, written or oral, among and oral communications between the parties hereto with respect to the subject matter hereof PRODUCT and contains sets forth the entire agreement among Agreement of the parties with respect to the subject matter hereof. This Agreement contained herein and may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except as expressly stated herein or by an instrument in writing signed a written agreement duly executed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among contains the parties hereto entire Agreement with respect to the subject matter hereof transactions contemplated herein and contains therein, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the entire agreement among same. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties with respect unless reduced to the subject matter hereof. This Agreement may not be amended, supplemented or modified, writing and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretothem.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the parties hereto with respect entire --------------------------- agreement between the Parties relating to the subject matter hereof and contains the entire agreement among the parties with respect supersedes all previous writings and understandings, whether oral or written, relating to the subject matter hereofof this Agreement. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be otherwise modified or waived, except by an instrument in writing signed by each party heretoboth Parties that specifically refers to this Agreement.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among states the entire contract between the parties hereto with in respect to the subject matter hereof and contains the entire agreement among the supersedes any oral or written proposals, statements, discussions, negotiations, or other agreements before or contemporaneous hereto. The parties with respect acknowledge that they have not been induced to the subject matter hereofenter into this Agreement by any oral or written representations or statements not expressly contained herein. This Agreement may not be amended, supplemented or modified, and no provisions hereof may only be modified or waived, except by an instrument in writing mutual written agreement signed by each the parties hereto. All rights of a party heretoare cumulative and not exclusive, unless otherwise explicitly stated herein.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsmay be amended only by a written instrument signed by the parties. Except for the Restrictive Covenant Agreement, written or oral, among this Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and contains the entire agreement among supersedes all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party heretoof this Agreement.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereof and supersedes all prior oral or written agreements, commitments or understandings with respect to such matters. This Agreement may not be amendedchanged orally, supplemented or modified, and no provisions hereof may be modified or waived, except but only by an instrument in writing signed by each the party heretoagainst whom enforcement of any waiver, change, modification, extension or discharge is sought.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsAgreement, written or oraltogether with the documents expressly referred to herein, constitute the entire agreement among the parties hereto with respect to the subject matter hereof contained herein and contains the entire agreement supersede all prior agreements and understanding among the parties with respect to the such subject matter hereofmatter. This Agreement may not be modified, amended, altered or supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument agreement in writing signed executed by each the party heretoagainst whom such modification, amendment, alteration or supplement is sought to be enforced.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsshall supersede any other agreement or understanding, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofmatters covered herein. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, except other than by an a written instrument in writing signed by each party the parties hereto; provided, however, that, notwithstanding the foregoing, the Company may amend or modify this Agreement if it determines it is necessary to do so in order to comply with applicable legal and/or regulatory requirements or guidance or any changes in applicable law, rules, or regulations or in the formal and conclusive interpretation thereof by any regulator or agency of competent jurisdiction.

Entire Agreement; Amendment. This Agreement constitutes the entire agreement, and supersedes all prior agreements, agreements and understandings (both written or and oral, among ) of the parties hereto with respect to the subject matter hereof hereof, and contains the entire agreement among cannot be amended or modified except in writing executed by the parties with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to its subject matter, including, without limitation, the subject matter hereof. This Agreement may not be amendedmemorandum regarding compensation overview, supplemented or modifieddated June 17, 1998, and no provisions hereof is intended as a complete and exclusive statement of the terms of the agreement between the parties with respect thereto and may be modified or waived, except amended only by an instrument in a writing signed by each party both parties hereto.

Entire Agreement; Amendment. This Other than the terms of the Letter Agreement supersedes (which shall control and modify this Agreement), this Agreement and the exhibits hereto contain all prior agreements, written or oral, among of the parties hereto with respect to the subject matter hereof and contains the entire agreement among agreements between the parties with respect to the subject matter hereofmatters contained herein and supersedes all prior written or oral and all contemporaneous oral agreements or understandings between the parties pertaining to any such matters. This No provision of this Agreement may not be amended, supplemented amended or modified, and no provisions hereof may be modified or waived, added to except by an instrument agreement in writing signed by each party heretothe parties to this Agreement.

Entire Agreement; Amendment. This Amendment Agreement supersedes (together with all prior agreements, written or oral, among documents and instruments referenced herein) constitutes the full and complete agreement and understanding between the parties hereto with respect to and shall supersede any and all prior written and oral agreements concerning the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofcontained herein. This Amendment Agreement may not be modified or amended, supplemented or modified, and no provisions nor may any provision hereof may be modified or waived, except waived without a written instrument executed by an instrument in writing signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes Agreement, together with all prior agreementsexhibits hereto and documents referred to herein, written or oralif any, constitutes the entire arrangements and understandings among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties with respect to the subject matter hereofhereto. This Agreement may not be amended, supplemented or modified, and no provisions hereof changed or supplemented, nor may any obligations hereunder be modified or waived, waived except by an instrument in a writing signed by each the party heretoto be charged or by its agent duly authorized in writing or as otherwise permitted herein.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among constitutes the --------------------------- entire agreement of the parties hereto with respect to the subject matter hereof and contains the entire agreement among shall supersede all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereofthereto. This No provision of this Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waivedwaived at any time unless such amendment, except by an instrument modification or waiver shall be agreed to in writing and signed by each party both of the parties hereto. 6.5.

Entire Agreement; Amendment. 14.1. This Agreement supersedes all prior agreements, written or oral, among and oral communications between the parties hereto with respect to the subject matter hereof PRODUCT and contains sets forth the entire agreement among Agreement of the parties with respect to the subject matter hereof. This Agreement contained herein and may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended except as expressly stated herein or by an instrument in writing signed a written agreement duly executed by each party both parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains constitutes the entire agreement among between the parties with respect to the subject matter hereof, and, unless otherwise provided herein, supersedes all prior agreements or understandings, written or oral, in respect thereof. This Agreement may not be amended, supplemented or modified, superseded, canceled, renewed, or extended, and no provisions the terms or covenants hereof may be modified or waived, except only by an a written instrument in writing signed by each the parties hereto, or in the case of a waiver, by the party heretowaiving compliance.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, contains the entire --------------------------- agreement among the parties hereto with respect to the subject matter hereof matters contemplated herein, supersedes all prior written agreements and contains the entire agreement among the parties with respect to the subject matter hereof. This Agreement negotiations and oral understandings, if any, and may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.be

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof constitutes and contains the entire agreement among understanding of the parties with respect and supersedes and cancels any pre- existing agreements or understandings between the parties relating to the subject matter hereof. This Agreement may not be amended, supplemented amended or modified, and no provisions hereof nor may any Collateral be modified or waived, released except by an instrument in a writing signed by each party the parties hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsstates the entire agreement of the parties hereto, written and is intended to be the complete and exclusive statement of the terms hereof. It may not be added to or oralchanged orally, among and may not be modified or rescinded, or supplemented, except by a writing signed by the parties hereto and in accordance with respect the 1940 Act or pursuant to applicable orders or interpretations of the subject matter hereof and contains SEC or the entire agreement among staff of the parties with respect to the subject matter hereofSEC. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by each party hereto.Exhibit (d)(1)(vii)

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among discussions and agreements between the parties hereto with respect to the subject matter hereof of this Agreement, and this Agreement (including the exhibits hereto and other documents delivered in connection herewith) contains the sole and entire agreement among between the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented amended in whole or modified, and no provisions hereof may be modified or waived, except by an instrument in writing signed by part without the prior written consent of each party that is a signatory hereto.

Entire Agreement; Amendment. This Agreement supersedes all prior agreements, written or oral, among embodies the entire understanding between the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties supersedes all prior communications, written or oral, with respect to the subject matter hereofhereto. This Agreement The terms and conditions hereof may not be amended, supplemented or modified, and no provisions hereof may be modified altered or waived, otherwise amended except by an instrument in writing signed executed by each party heretothe Company and Orogen.

Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, written or oral, among the parties hereto with respect to the subject matter hereof and contains the entire agreement among the parties agreements with respect to the subject matter hereof, whether oral or written. This Agreement Except as otherwise expressly provided in this Agreement, this Agreement, including the Exhibits and Schedules hereto, may not be amended, supplemented or modified, modified and no provisions provision hereof may be modified waived except in a written instrument executed by both of the parties hereto. The waiver by either party hereto of any provisions of this Agreement on any one or waived, except by an instrument in writing signed by each party heretomore occasions shall not be construed to constitute a waiver of that or any other provision on any other occasion.

Entire Agreement; Amendment. This Agreement supersedes all prior agreementsagreements and undertakings, both written or and oral, among of the parties hereto hereto, or any of them, with respect to the subject matter hereof and contains constitute the entire agreement among understanding of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, supplemented or modified, and no provisions hereof may be modified or waived, amended or modified except by an instrument in writing signed by each party heretoto be bound hereby.