Common use of Entire Agreement; Amendment Clause in Contracts

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement may be amended or terminated except by a statement in writing signed by the party against which enforcement of the amendment or termination is sought.

Appears in 37 contracts

Samples: Administrative Agency Agreement (Investment Managers Series Trust III), Administrative Agency Agreement (Fpa Funds Trust), Agency Agreement

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Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect exclusive Agreement between the parties with respect to the subject matter hereofhereof and supersedes and cancels all previous discussions, agreements, commitments and writings in respect thereof. No provision of amendment or addition to this Agreement may shall be amended or terminated except by a statement in effective unless reduced to writing signed and executed by the party against which enforcement authorized representatives of the amendment or termination is soughtparties.

Appears in 29 contracts

Samples: Product Sublicense Agreement, Non Exclusive License Agreement, License Agreement

Entire Agreement; Amendment. This The Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties with respect to of the subject matter hereof. No provision of this the Agreement may be amended amended, waived, or terminated discharged except by a statement in writing signed by the party against which enforcement mutual written agreement of the amendment Parties. The consent of any other person(s) to any such amendment, waiver or termination is soughtdischarge shall not be required.

Appears in 18 contracts

Samples: Confidentiality Agreement, Confidentiality Agreement (Seahawk Drilling, Inc.), Confidentiality Agreement (Seahawk Drilling, Inc.)

Entire Agreement; Amendment. This Agreement constitutes contains the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof and thereof and supersedes all prior agreements and understandings among the parties relating to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 14 contracts

Samples: Registration Rights Agreement (Usa Interactive), Registration Rights Agreement (Usa Interactive), Securities Rights and Restrictions Agreement (Micron Technology Inc)

Entire Agreement; Amendment. This Agreement Agreement, including the other writings referred to herein or delivered pursuant hereto, constitutes the entire understanding and agreement of among the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereoftransactions contemplated herein, and it supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. No provision amendment, modification or discharge of this Agreement may shall be amended valid or terminated except by a statement binding unless set forth in writing signed and duly executed by the party against which whom enforcement of the amendment amendment, modification, or termination discharge is sought.

Appears in 12 contracts

Samples: Securities Purchase Agreement (Fao Inc), Registration Rights Agreement (Kayne Fred), Registration Rights Agreement (Fao Inc)

Entire Agreement; Amendment. This Agreement constitutes represents the entire understanding and agreement of the parties hereto with reference to the transactions contemplated hereby and supersedes any and all other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmade. No provision waiver, amendment or other modification of this Agreement may shall be amended or terminated except by a statement effective unless in writing and signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 11 contracts

Samples: Selling Agency Agreement (Community Capital Bancshares Inc), Selling Agency Agreement (Independence Bancshares, Inc.), Fairfield County Bank Corp.

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 10 contracts

Samples: Common Stock Purchase Agreement (Omneon Video Networks, Inc.), Preferred Stock Purchase Agreement (Omneon Video Networks, Inc.), Investor Rights Agreement (Leap Technology Inc / De)

Entire Agreement; Amendment. This Agreement constitutes cancels and supersedes all previous agreements relating to the subject matter of this Agreement, written or oral, between the parties hereto and contains the entire understanding and agreement of the parties hereto and supersedes shall not be amended, modified or supplemented in any other oral manner whatsoever except as otherwise provided herein or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement may be amended or terminated except by a statement in writing signed by the party against which enforcement each of the amendment or termination is soughtparties hereto.

Appears in 10 contracts

Samples: Employment Agreement (Duckwall Alco Stores Inc), Employment Agreement (Crosstex Energy Lp), Employment Agreement (Duckwall Alco Stores Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofhereof and neither party shall be liable or bound to the other party in any manner by any warranties, representations, or covenants except as specifically set forth herein. No provision of this This Agreement may be amended amended, changed, waived, discharged, or terminated except only by a statement in writing signed by the party against which enforcement of the amendment amendment, change, waiver, discharge, or termination is sought.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Dean Health Systems Inc), Stock Purchase Agreement (Dean Health Systems Inc), Stock Purchase Agreement (Dean Health Systems Inc)

Entire Agreement; Amendment. This Agreement constitutes the sole and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties with respect to the subject matter hereofmatters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the Parties with respect to such matters. No provision of change or amendment may be made to this Agreement may be amended or terminated except by a statement an instrument in writing signed by the party against which enforcement on behalf of each of the amendment or termination is soughtParties.

Appears in 10 contracts

Samples: Shared Services Agreement, Intellectual Property Contribution Agreement (SecureWorks Corp), Employee Matters Agreement (SecureWorks Corp)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the its subject matter hereofand supersedes all prior agreements, negotiations and understandings, written or oral, with respect to matters covered hereby. No provision The amendments or termination of this Agreement may be amended or terminated except by made only in a statement in writing signed executed by the party against which enforcement of Bank and the Executives, and no amendment or termination is soughtof this Agreement shall be effective unless and until made in such a writing.

Appears in 9 contracts

Samples: Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Bancorp of New Jersey, Inc.), Employment Agreement (Franklin Financial Network Inc.)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and thereof and supersedes all prior agreements and understandings relating thereto. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 9 contracts

Samples: Partnership Interest Purchase Agreement (Taubman Centers Inc), Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.), Membership Interest Purchase Agreement (West Coast Realty Trust, Inc.)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, discharged or terminated except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Manuel Bernard M), Stock Purchase Agreement (Manuel Bernard M), Stock Purchase Agreement (Manuel Bernard M)

Entire Agreement; Amendment. This Agreement constitutes the sole and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 8 contracts

Samples: Bridge Note and Warrant Purchase Agreement (Sandbox Entertainment Corp), Bridge Note and Warrant Purchase Agreement (Sandbox Entertainment Corp), Bridge Note and Warrant Purchase Agreement (Sandbox Entertainment Corp)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire agreement and understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmatters covered hereby and supersedes any prior agreement or understanding. No provision of this This Agreement may not be amended amended, waived, changed, modified or terminated discharged except by a statement an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the amendment any amendment, waiver, change, modification or termination discharge is sought. No course of conduct or dealing shall be construed to modify, amend or otherwise affect any of the provisions hereof.

Appears in 8 contracts

Samples: Employment Agreement (Nugen Holdings, Inc.), Employment Agreement (InovaChem, Inc.), Employment Agreement (InovaChem, Inc.)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto with regard to the subject matter hereof, and supersedes any other oral or written contains all the covenants, promises, representations, warranties and agreements heretofore in effect between the parties with respect to the Option granted hereby. All prior understandings and agreements, if any, among the parties hereto relating to the subject matter hereofhereof are hereby null and void and of no further force and effect. No provision of this This Agreement may be amended or terminated except only by a statement in writing signed executed by the party against parties hereto which enforcement specifically states that it is an amendment of the amendment or termination is soughtthis Agreement.

Appears in 6 contracts

Samples: Stock Option Award Agreement (PostRock Energy Corp), Stock Option Award Agreement (PostRock Energy Corp), Stock Option Award Agreement (PostRock Energy Corp)

Entire Agreement; Amendment. This Agreement constitutes embodies the entire agreement and understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect relating to the subject matter hereofhereof and there are no covenants, promises, agreements, conditions or understandings, oral or written, except as herein set forth. No provision of this This Agreement may not be amended amended, waived or terminated discharged except by a statement an instrument in writing signed executed by the party against which enforcement of the amendment whom such amendment, waiver or termination discharge is soughtto be enforced.

Appears in 6 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Isun, Inc.), Development Agreement

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofhereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which enforcement of Company and the amendment or termination is soughtEmployee.

Appears in 6 contracts

Samples: Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc), Change in Control Agreement (Qad Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect Agreement between the parties Parties with respect to the subject matter hereofhereof and supersedes and cancels all previous discussions, agreements, commitments and writings in respect thereof. No provision of amendment or addition to this Agreement may shall be amended or terminated except by a statement in effective unless reduced to writing signed and executed by the party against which enforcement authorized representatives of the amendment or termination is soughtParties.

Appears in 5 contracts

Samples: Service Framework Agreement (Dyadic International Inc), Service Framework Agreement (Dyadic International Inc), Research Services Agreement (Dyadic International Inc)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto or contemplated hereby constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 5 contracts

Samples: Credit Agreement (Northern Ethanol, Inc.), Loan Agreement (Col China Online International Inc), Credit Agreement (Amerivest Properties Inc)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire understanding and agreement principal terms of the parties hereto and supersedes any other oral or written agreements heretofore in effect arrangement between the parties with respect to Parties hereto and, except as otherwise set forth herein, supersedes and terminates all prior agreements and understandings between the subject matter hereofParties. No provision of subsequent alteration, amendment, change or addition to this Agreement may shall be amended or terminated except by a statement in binding upon the Parties unless reduced to writing and signed by the party against which enforcement an authorized officer of the amendment or termination is soughteach Party.

Appears in 5 contracts

Samples: Collaboration Agreement (Tularik Inc), Tularik Inc, Tularik Inc

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except orally, but only by a statement in writing written instrument signed by the party against which enforcement Company and Holders of a majority of the amendment or termination is soughtRegistrable Securities which have not been resold to the public.

Appears in 5 contracts

Samples: Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (OncoCyte Corp), Registration Rights Agreement (OncoCyte Corp)

Entire Agreement; Amendment. This Agreement constitutes the full and --------------------------- entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated terminated, except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 4 contracts

Samples: Purchase Agreement (Cellstar Corp), Registration Rights Agreement (Cellstar Corp), Registration Rights Agreement (Cellstar Corp)

Entire Agreement; Amendment. This Agreement constitutes and any other documents delivered pursuant hereto, constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver or discharge or termination is sought.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Andal Corp), Stock Purchase Agreement (Milstein Paul), Stock Purchase Agreement (Andal Corp)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the its subject matter hereofand supersedes all prior agreements, negotiations and understandings, written or oral, with respect to matters covered hereby. No provision The amendments or termination of this Agreement may be amended or terminated except by made only in a statement in writing signed executed by the party against which enforcement of Bank and the Executive, and no amendment or termination is soughtof this Agreement shall be effective unless and until made in such a writing.

Appears in 4 contracts

Samples: Employment Agreement (Center Bancorp Inc), Employment Agreement (Center Bancorp Inc), Employment Agreement (Center Bancorp Inc)

Entire Agreement; Amendment. This Agreement constitutes and the entire understanding and agreement agreements expressly referred to herein contains all of the agreements of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmatters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or terminated added to except by a statement in writing signed by the party against which the enforcement of the such modification, waiver, amendment or termination addition is or may be sought.

Appears in 4 contracts

Samples: Financing Agreement, Financing Agreement, Financing Agreement

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtto be charged.

Appears in 4 contracts

Samples: Mutual Separation Agreement (Gvi Security Solutions Inc), Agreement (Coactive Marketing Group Inc), Agreement (Coactive Marketing Group Inc)

Entire Agreement; Amendment. This Agreement constitutes contains the entire --------------------------- understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof and thereof and supersedes all prior agreements and understandings among the parties relating to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 4 contracts

Samples: Acquisition Agreement (Micron Technology Inc), Agreement and Plan of Reorganization (Inktomi Corp), Standstill and Disposition Agreement (Efficient Networks Inc)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto and referenced herein constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties and supersede any other agreement, written or oral, with respect regard to the subject matter hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated terminated, except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 4 contracts

Samples: Registration Rights Agreement (Sunshine Mining & Refining Co), Registration Rights Agreement (Amresco Inc), Registration Rights Agreement (Craftmade International Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter subjects hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtto be charged.

Appears in 4 contracts

Samples: Separation and Release Agreement (Digipath, Inc.), Separation and Release Agreement (One World Pharma, Inc.), Separation and Release Agreement (Digipath, Inc.)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto or contemplated hereby constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Agreement (Popstar Communications Inc), Agreement (Popstar Communications Inc), Share Subscription Agreement (Popstar Communications Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereto and thereof. No provision None of this Agreement or any term hereof may be amended amended, waived, discharged or terminated terminated, except by a statement in writing written instrument signed by the party against which enforcement both of the amendment or termination is soughtparties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Radview Software LTD), Employment Agreement (Radview Software LTD), Employment Agreement (Radview Software LTD)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofhereof and supersedes and terminates any prior communication, agreement or understanding, whether written or oral. No provision of this This Agreement may only be amended or terminated except modified by a statement in writing signed by the party against which enforcement of the amendment or termination is soughtall parties.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Apollo International of Delaware Inc), Stock Purchase Agreement (Apollo International of Delaware Inc), Stock Purchase Agreement (Apollo International of Delaware Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter subjects hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Registration Rights Agreement (Healthy American Products Inc), Registration Rights Agreement (Bab Holdings Inc), Asset Purchase Agreement (Bab Holdings Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and --------------------------- entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereto and thereof. No provision None of this Agreement or any term hereof may be amended amended, waived, discharged or terminated terminated, except by a statement in writing written instrument signed by the party against which enforcement both of the amendment or termination is soughtparties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp), Employment Agreement (Cidra Corp)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the its subject matter hereofand supersedes all prior agreements, negotiations and understandings. No provision The amendments or termination of this Agreement may be amended or terminated except by a statement made only in writing signed and executed by the party against which enforcement of Bank and the amendment or termination is soughtExecutive.

Appears in 3 contracts

Samples: Coast Bank Employment Agreement (Atlantic Coast Financial CORP), Coast Bank Employment Agreement (Atlantic Coast Financial CORP), Coast Bank Employment Agreement (Atlantic Coast Financial CORP)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto Parties and terminates and supersedes any other oral all prior understandings or written agreements heretofore in effect between the parties with respect relating to the subject matter hereof, whether verbal or written. No provision of Only a further writing that is duly executed by both Parties may modify this Agreement may be amended or terminated except by a statement in writing signed by the party against which enforcement of the amendment or termination is soughtAgreement.

Appears in 3 contracts

Samples: Dac6pro Service Agreement, Dac6pro Service Agreement, Dac6pro Service Agreement

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements, commitments or understanding with respect to the matters provided for herein. No provision amendment, modification or discharge of this Agreement may shall be amended valid or terminated except by a statement binding unless set forth in writing signed and duly executed by the party against which whom enforcement of the amendment amendment, modification, or termination is discharge was sought.

Appears in 3 contracts

Samples: Termination Agreement (Xethanol Corp), Employment and Termination Agreement (Storage Technology Corp), Termination Agreement (Storage Technology Corp)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Common Stock Grant Agreement (Thermogenesis Corp), Stock Exchange Agreement (Winwin Gaming Inc), Warrant Purchase Agreement (Auspex Systems Inc)

Entire Agreement; Amendment. This Agreement constitutes contains the entire --------------------------- understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral negotiations or agreements between them regarding the subject matter hereof. No addition, modification or amendment of or to any term or provision of this Agreement, or to this Agreement may as a whole, shall be amended or terminated except by a statement effective unless set forth in writing and signed by all the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 3 contracts

Samples: Employment Agreement (Grip Technologies Inc), Employment Agreement (Grip Technologies Inc), Agreement and Plan of Reorganization (Grip Technologies Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to regarding the subject matter hereof. No provision of this Agreement hereof and may not be amended changed or terminated cancelled except by a statement in writing signed by the party against which enforcement of the amendment or termination is soughtall parties hereto.

Appears in 3 contracts

Samples: Intercompany Services Agreement (Opticnet Inc), Corporate Services Agreement (Bei Technologies Inc), Corporate Services Agreement (Bei Electronics Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto with regard to the subject matter hereof, and supersedes any other oral or written contains all the covenants, promises, representations, warranties and agreements heretofore in effect between the parties with respect to the Units granted hereby. All prior understandings and agreements, if any, among the parties hereto relating to the subject matter hereofhereof are hereby null and void and of no further force and effect. No provision of this This Agreement may be amended or terminated except only by a statement in writing signed executed by the party against parties hereto which enforcement specifically states that it is an amendment of the amendment or termination is soughtthis Agreement.

Appears in 3 contracts

Samples: Restricted Share Unit Award Agreement (PostRock Energy Corp), Restricted Share Unit Award Agreement (PostRock Energy Corp), Restricted Share Unit Award Agreement (PostRock Energy Corp)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Spectrasite Holdings Inc), Merger Agreement (Spectrasite Holdings Inc), Stock Purchase Agreement (Spectrasite Holdings Inc)

Entire Agreement; Amendment. This Agreement constitutes represents the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement hereof and may be amended or terminated except only by a statement an instrument in writing signed by the party against which enforcement parties hereto. Upon the execution and delivery of this Agreement, any prior agreement relating to the amendment subject matter hereof will be deemed automatically terminated and be of no further force or termination is sought.effect

Appears in 3 contracts

Samples: Change of Control Agreement (Codorus Valley Bancorp Inc), Change of Control Agreement (Codorus Valley Bancorp Inc), Change of Control Agreement (Codorus Valley Bancorp Inc)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof and supersede all prior written and all prior or contemporaneous oral negotiations, agreements, arrangements and understandings. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged, or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge, or termination is sought.

Appears in 3 contracts

Samples: Securities Purchase Agreement (First Virtual Holding Inc), Preferred Stock Purchase Agreement (First Virtual Holding Inc), Preferred Stock Purchase Agreement (First Virtual Holding Inc)

Entire Agreement; Amendment. This Agreement constitutes and the entire understanding and agreement agreements expressly referred to herein contains all of the agreements of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmatters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waived, amended or terminated added to except by a statement in writing signed by the party against which the enforcement of the such modification, waiver, amendment or termination addition is or may be sought.

Appears in 2 contracts

Samples: Funding and Disclosure Agreement, Disclosure Agreement

Entire Agreement; Amendment. This Agreement constitutes the entire understanding agreement among the parties hereto with respect to the matters set forth herein, and agreement there are no agreements, understandings, warranties or representations except as specifically delineated herein. This instrument is not intended to have any legal effect, or to be a legally binding agreement, or any evidence thereof, until it has been signed by each of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect all conditions to the subject matter hereofeffectiveness hereunder have been satisfied. No provision of this This Agreement may shall not be amended or terminated modified in any way except by a statement an instrument in writing signed executed by the party against which enforcement each of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Forbearance and Waiver Agreement (General Growth Properties Inc), Forbearance and Waiver Agreement (General Growth Properties Inc)

Entire Agreement; Amendment. This Agreement constitutes and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Supershuttle International Inc), Preferred Stock Exchange Agreement (Supershuttle International Inc)

Entire Agreement; Amendment. This Agreement constitutes represents the entire understanding and agreement of the parties hereto Primary Parties and the Agent with respect to the transactions contemplated hereby and supersedes any and all other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmade. No provision waiver, amendment or other modification of this Agreement may shall be amended or terminated except by a statement effective unless in writing and signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Agency Agreement (Fairmount Bancorp, Inc.), Fairmount Bancorp, Inc.

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except orally, but only by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtCompany and Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (AgeX Therapeutics, Inc.), Registration Rights Agreement (AgeX Therapeutics, Inc.)

Entire Agreement; Amendment. This Agreement constitutes contains the entire understanding and agreement of between the parties hereto regarding the subject matter hereof and supersedes any other oral all prior or written contemporaneous communications, agreements heretofore in effect between the parties or understandings with respect to the subject matter hereof. No provision amendment, modification or waiver of any provisions of this Agreement may shall be amended or terminated except by a statement valid unless in writing and signed by the party against which whom enforcement of the amendment or termination is sought.

Appears in 2 contracts

Samples: Mutual Non, Non Disclosure Agreement

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and supersedes all prior agreements and understandings relating thereto. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Equity Interests Purchase Agreement (Siebert Financial Corp), Equity Interests Purchase Agreement (Siebert Financial Corp)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Any previous agreements among the parties relative to the specific subject matter hereof are superseded by this Agreement. Neither this Agreement nor any provision hereof may be amended amended, changed, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which who enforcement of the amendment any such amendment, change, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Agreement, Agreement (Innoviva, Inc.)

Entire Agreement; Amendment. This Agreement constitutes The Agreements and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged, or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge, or termination is sought.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Warburg Pincus Private Equity Viii L P), Preferred Stock Purchase Agreement (Warburg Pincus Private Equity Viii L P)

Entire Agreement; Amendment. This Agreement constitutes contains the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof, supersedes any prior agreement between the parties, and may not be changed or terminated orally. No provision change, termination or attempted waiver of this Agreement may any of the provisions hereof shall be amended or terminated except by a statement binding unless in writing and signed by the party against which enforcement of whom the amendment or termination same is soughtsought to be enforced.

Appears in 2 contracts

Samples: Contract of Sale (Able Energy Inc), Asset Purchase Agreement (Able Energy Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and exclusive agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties with respect to the subject matter hereofhereof and supersedes and cancels all previous discussions, agreements, commitments and writings in respect thereof. No provision of amendment or addition to this Agreement may shall be amended or terminated except by a statement in effective unless reduced to writing signed and executed by the party against which enforcement authorized representatives of the amendment or termination is soughtParties.

Appears in 2 contracts

Samples: Settlement and Amended License Agreement (XOMA Corp), Non Exclusive License Agreement (Xoma LTD /De/)

Entire Agreement; Amendment. This Agreement constitutes Agreement, and the documents executed and delivered in connection herewith, constitute the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofhereto. No provision of Neither this Agreement nor any provision hereof may be amended amended, waived, discharged or terminated except orally, but only by a statement in writing signed by the party against which whom enforcement of the amendment amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Loan and Security Agreement (Forward Air Corp), Loan and Security Agreement (Landair Corp)

Entire Agreement; Amendment. This Agreement constitutes expresses the entire and exclusive understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties to this Agreement only with respect to the subject matter hereofmatters covered by this Agreement and incorporates any and all prior agreements, understandings, negotiations and discussions relating hereto, whether written or oral, all of which are hereby terminated and canceled. No provision of this This Agreement may be modified or amended or terminated except only by a statement in writing written instrument manually signed by the party against which enforcement of the amendment or termination is soughtall Parties.

Appears in 2 contracts

Samples: Employment Agreement (Hard Rock Hotel Holdings, LLC), Employment Agreement (Hard Rock Hotel Holdings, LLC)

Entire Agreement; Amendment. This Agreement agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No Except as specifically provided herein, neither this agreement nor any provision of this Agreement may hereof can be amended changed, waived, discharged or terminated except orally, but only by a statement an instrument in writing signed by the party against which enforcement all of the amendment or termination is sought.parties

Appears in 2 contracts

Samples: Service Level Agreement, Service Agreement

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect Parties pertaining to the subject matter hereof. No provision addition to or modification of this the Agreement may shall be amended or terminated effective except by a statement in writing signed written agreement authorized and executed by the party against which enforcement of the amendment or termination is soughtParties.

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement Town of Firestone

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect exclusive Agreement between the parties with respect to the subject matter hereofhereof and supersedes and cancels all previous discussions, agreements, commitments and writings in respect thereof, including without limitation the Predecessor Agreement. No provision of amendment or addition to this Agreement may shall be amended or terminated except by a statement in effective unless reduced to writing signed and executed by the party against which enforcement authorized representatives of the amendment or termination is soughtparties.

Appears in 2 contracts

Samples: License Agreement (Affymax Inc), License Agreement (Affymax Inc)

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Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement between the Parties relating to the termination of the parties hereto Employment Agreement and supersedes any other and all prior agreements or oral representations by either Party related thereto. This Agreement shall not be changed, modified or written agreements heretofore amended in effect between the parties with any respect to the subject matter hereof. No provision of this Agreement may be amended or terminated except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtParties.

Appears in 2 contracts

Samples: Separation Agreement (Veritas Farms, Inc.), Separation Agreement (Veritas Farms, Inc.)

Entire Agreement; Amendment. This Agreement constitutes Agreement, upon execution by all of the Parties, sets forth the entire understanding and agreement of the parties Parties hereto and supersedes any other all prior agreements, whether oral or written agreements heretofore in effect between the parties with respect written, pertaining to the subject matter hereof. No provision of this Agreement may shall be amended or terminated modified except by a statement in writing written instrument duly signed and acknowledged by the party against which enforcement each of the amendment or termination is soughtParties hereto.

Appears in 2 contracts

Samples: Settlement Agreement (Yak Communications Inc), Settlement Agreement (Yak Communications Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any all other oral or prior agreements and understandings, both written agreements heretofore in effect and oral, between the parties with respect to the subject matter hereofpurchase of the Shares. No provision of this This Agreement may not be amended amended, modified, waived, discharged or terminated except by a statement an instrument in writing signed by the party or a duly authorized officer of a corporate party against which whom enforcement of the amendment change, waiver, discharge or termination is sought. Each of Seller and the Company acknowledge and agree that except as expressly set forth in this Agreement, neither party has any claims or rights against the other.

Appears in 2 contracts

Samples: Stock Redemption Agreement (Cross a T Co), Stock Redemption Agreement (Cross a T Co)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of among the parties hereto Parties with regard to the subjects hereof and supersedes any other oral or written all prior agreements heretofore in effect between the parties with respect to the subject matter hereofand understandings relating thereto. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party Party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Membership Interests Purchase Agreement (Prometheum, Inc.), Membership Interests Purchase Agreement (Prometheum, Inc.)

Entire Agreement; Amendment. This Agreement constitutes and any agreements and instruments entered into in connection with the Closing constitute the entire agreement and understanding and agreement of the parties hereto and supersedes supercede any other prior written or oral or written agreements heretofore in effect between understandings of the parties with respect to the subject matter hereofparties. No provision of this This Agreement may be amended or terminated except only by a statement an instrument in writing signed executed by the party against which enforcement of the amendment or termination is soughtall parties hereto.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Mountains West Exploration Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtboth Parties.

Appears in 2 contracts

Samples: Voting Agreement (R.V.B. Holdings LTD), Voting Agreement (Greenstone Industries Ltd.)

Entire Agreement; Amendment. This Agreement constitutes represents the entire understanding and agreement of the parties hereto with reference to the transactions contemplated hereby and supersedes any and all other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofmade other than those specifically mentioned herein. No provision waiver, amendment or other modification of this Agreement may shall be amended or terminated except by a statement effective unless in writing and signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Agency Agreement (National Mercantile Bancorp), First Leesport Bancorp Inc

Entire Agreement; Amendment. This Agreement constitutes contains the entire --------------------------- understanding and agreement of among the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral negotiations and agreements between them regarding the subject matter hereof. No addition, modification or amendment of or to any term or provision of this Agreement, or to this Agreement may as a whole, shall be amended or terminated except by a statement effective unless set forth in writing and signed by the party against which enforcement all of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Grip Technologies Inc), Noncompetition Agreement (Grip Technologies Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties hereto with respect to the subject matter hereof, and supersedes any prior oral or written agreements, commitments or understanding with respect to the matters provided for herein. No provision amendment, modification or discharge of this Agreement may shall be amended valid or terminated except by a statement binding unless set forth in writing signed and duly executed by the party against which whom enforcement of the amendment amendment, modification, or termination is discharge was sought.

Appears in 2 contracts

Samples: Termination of Governance Agreement (CNS Response, Inc.), Termination of Governance Agreement (CNS Response, Inc.)

Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and agreement supersedes and terminates all prior written and oral agreements, proposals, promises and representations of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to respecting the subject matter hereof. No representation or promise hereafter made, nor any modification or amendment of this Agreement, shall be binding upon either party, unless made in writing and signed by the parties hereto. If any provision of this Agreement may is found to be amended unenforceable or terminated except by a statement in writing signed by the party against which enforcement invalid, all other provisions of the amendment or termination is soughtthis Agreement shall no longer be valid.

Appears in 2 contracts

Samples: Contribution and Servicing Agreement (Dvi Inc), Contribution and Servicing Agreement (Dvi Inc)

Entire Agreement; Amendment. This Agreement constitutes contains the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement may transactions contemplated hereby, and no modification hereof shall be amended or terminated except by a statement effective unless in writing and signed by the party against which enforcement of the amendment or termination it is soughtsought to be enforced.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Senesco Technologies Inc), Securities Purchase Agreement (Senesco Technologies Inc)

Entire Agreement; Amendment. This Agreement constitutes Agreement, when it becomes effective, will constitute the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofhereto. No provision of this Agreement may amendment or modification hereof shall be amended valid or terminated except by a statement binding unless made in writing and signed by the party against which whom enforcement of the amendment or termination thereof is sought.

Appears in 2 contracts

Samples: Warehousing and Service Agreement (Dynamic International Inc), Warehousing and Service Agreement (Dynamic International LTD)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of between the parties hereto and supersedes any other oral agreement, written or written agreements heretofore in effect between the parties oral, with respect regard to the subject matter hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated terminated, except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Supply License Agreement (InB:Biotechnologies, Inc.), Supply License Agreement (Mannatech Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereofsubjects hereof and thereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Agreement Concerning The (RCN Corp /De/), Globix Corp

Entire Agreement; Amendment. This Agreement constitutes and the agreements referred to herein (to the extent referred to herein) constitute the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereof. No provision of Except as expressly provided herein, neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 2 contracts

Samples: Stockholder Agreement (Cendant Corp), Stockholder Agreement (Juniper Networks Inc)

Entire Agreement; Amendment. This Agreement constitutes embodies the entire agreement and understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofherein and supercedes all prior or contemporaneous oral or written understandings and agreements of the Parties. No provision of this This Agreement may cannot be amended or terminated except orally, but only by a statement in writing signed duly executed by the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 2 contracts

Samples: Employment Agreement (QS Energy, Inc.), Employment Agreement (QS Energy, Inc.)

Entire Agreement; Amendment. This Agreement constitutes set forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereofhereof and supersedes all prior agreements, written and oral, between the parties. No provision modification of any of the terms of this Agreement may shall be amended or terminated except by a statement deemed to be valid unless it is in writing and signed by the party against which whom enforcement of the amendment or termination is sought.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Dyax Corp), Collaboration and License Agreement (Dyax Corp)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect regard to the subject matter hereofhereof and thereof. No provision of this This Agreement or any term hereof may be amended amended, waived, discharged or terminated except by a statement in writing written instrument signed by the party against which enforcement of Company and the Holder Any amendment or termination is soughtwaiver effected in accordance with this paragraph shall be binding upon each party to the Agreement, whether or not such party has signed such amendment or waiver, each future Holder, and the Company.

Appears in 2 contracts

Samples: Stockholders Agreement (Florida Gaming Corp), Stockholders Agreement (Prides Capital Partners, LLC)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding complete and final agreement of the parties hereto Parties and supersedes any other oral prior agreements between them, whether written or written agreements heretofore in effect between the parties oral, with respect to the subject matter hereof. No provision of amendments to this Agreement may will be amended or terminated except by a statement valid unless in writing and signed by the party against which enforcement Consultant and an authorized representative of the amendment or termination is soughtCompany.

Appears in 2 contracts

Samples: Settlement Agreement (Electric Last Mile Solutions, Inc.), Settlement Agreement (Electric Last Mile Solutions, Inc.)

Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof, and supersedes and replaces all prior agreements and understandings between the parties hereto. No provision of this Agreement may be amended modified, waived or terminated except by a statement discharged unless such waiver, modification or discharge is agreed to in writing signed by all the party against which enforcement of the amendment or termination is soughtparties hereto.

Appears in 1 contract

Samples: Consulting Agreement (Global Decisions Group LLC)

Entire Agreement; Amendment. This Agreement constitutes contains the entire understanding and agreement final expression of the parties hereto and supersedes any other oral or written agreements heretofore in effect between complete understanding of the parties with respect to the subject matter hereof. No provision of this Agreement. There are no oral or other agreements that modify the terms of this Agreement. This Agreement may be amended or terminated except only by a statement in writing signed written instrument executed by the party against which enforcement of sought to be charged with the amendment or termination is soughtamendment.

Appears in 1 contract

Samples: Indemnity and Contribution Agreement

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of among the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties Parties with respect regard to the subject matter hereof. No provision This Agreement is executed without reliance on any promise, warranty or representation by any Party or any representative of any Party other than those representations expressly set forth herein. Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated except other than by a statement in writing written instrument signed by the party Party against which whom enforcement of the amendment any such amendment, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Settlement Agreement (Dynavax Technologies Corp)

Entire Agreement; Amendment. This Agreement constitutes and the other Instruments delivered in connection herewith, embodies the entire agreement and understanding and agreement of the parties hereto and supersedes any other oral prior agreement or written agreements heretofore in effect understanding between the parties with respect to the subject matter hereof. No provision of this Agreement. This Agreement may cannot be amended or terminated except orally, but only by a statement in writing signed duly executed by the party against which enforcement of the amendment or termination is sought.parties. 10.09

Appears in 1 contract

Samples: Purchase Agreement

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement may be amended or terminated except by a statement in writing signed by the party against which enforcement of the amendment or termination is sought. 16.

Appears in 1 contract

Samples: Agreement (Mutual of America Investment Corp)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of among the parties hereto and supersedes and cancels any other prior agreements, representations, warranties or communications, whether oral or written agreements heretofore in effect between written, among the parties with respect hereto relating to the transactions contemplated hereby or the subject matter hereofherein. No provision of Neither this Agreement nor any provision hereof may be amended modified, changed, waived, discharged or terminated except orally, other than by a statement an agreement in writing signed by the party against whom or which the enforcement of the amendment such modification, change, waiver, discharge or termination is sought.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tyco International LTD /Ber/)

Entire Agreement; Amendment. This Agreement constitutes sets forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the its subject matter hereofand supersedes all prior agreements, negotiations and understandings, written or oral, with respect to matters covered hereby. No provision The amendments or termination of this Agreement may be amended or terminated except by made only in a statement in writing signed executed by the party against which enforcement of Holding Company, the Bank and the Executive, and no amendment or termination is soughtof this Agreement shall be effective unless and until made in such a writing.

Appears in 1 contract

Samples: Employment Agreement (Finwise Bancorp)

Entire Agreement; Amendment. This Agreement, including the form of Post-Closing Agreement constitutes attached hereto as Exhibit A and made a part hereof, embodies the entire agreement and understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect relating to the subject matter hereofhereof and there are no covenants, promises, agreements, conditions or understandings, oral or written, except as herein set forth. No provision of this This Agreement may not be amended amended, waived or terminated discharged except by a statement an instrument in writing signed executed by the party against which enforcement of the amendment whom such amendment, waiver or termination discharge is soughtto be enforced.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding and agreement of the parties hereto and supersedes no amendment, modification or waiver of any other oral or written agreements heretofore provision herein shall be effective unless in effect between the parties with respect to the subject matter hereof. No provision of this Agreement may be amended or terminated except by a statement in writing signed writing, executed by the party against which enforcement of the amendment or termination is soughtcharged therewith.

Appears in 1 contract

Samples: Consulting Agreement (Able Energy Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements, commitments or understandings with respect to the matters provided for herein. No provision amendment, modification or discharge of this Agreement may shall be amended valid or terminated except by a statement binding unless set forth in writing signed and duly executed by the party against which whom enforcement of the amendment amendment, modification, or termination discharge is sought.

Appears in 1 contract

Samples: Agreement (Exar Corp)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of among the parties hereto with respect to the subject matter contained herein and supersedes any other oral supersede all prior and contemporaneous agreements and understandings, express or written agreements heretofore in effect implied, between the parties with respect to the such subject matter hereofmatter. No provision of Neither this Agreement nor any provision hereof may be amended waived, modified, amended, changed, discharged or terminated terminated, except by a statement an agreement in writing signed by the party against which whom enforcement of the amendment any waiver, modification, change, amendment, discharge or termination is sought.

Appears in 1 contract

Samples: Employment Agreement (Writer Corp)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect Parties relating to the subject matter hereofmatters hereof and supersedes and terminates all prior agreements relating between the Parties. No term, provision or condition of this Agreement may be amended modified or terminated except discharged orally but only by a statement in writing signed written instrument duly executed by the party against which enforcement of the amendment or termination is soughtParties.

Appears in 1 contract

Samples: Nanny Agreement

Entire Agreement; Amendment. This Agreement constitutes the full and --------------------------- entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter subjects hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged or terminated orally, except by a statement in writing written instrument signed by the party against which enforcement of the amendment or termination is soughtall parties hereto.

Appears in 1 contract

Samples: Shareholders' Agreement (Webmd Inc)

Entire Agreement; Amendment. This Agreement constitutes contains the entire agreement and understanding and agreement of between the parties hereto in respect of the subject matter hereof and supersedes supersedes, cancels and annuls any other prior or contemporaneous written or oral or written agreements heretofore in effect agreement, understandings, commitments and practices between the parties with respect to them respecting the subject matter hereof. No provision of this This Agreement may not be altered or amended or terminated except by a statement in writing signed writing, duly executed by the party against which enforcement of the whom such alteration or amendment or termination is soughtsought to be enforced.

Appears in 1 contract

Samples: Severance Agreement (Swiss Army Brands Inc)

Entire Agreement; Amendment. This Agreement constitutes the full and entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between among the parties with respect regard to the subject matter hereof. No provision of Neither this Agreement nor any term hereof may be amended amended, waived, discharged, or terminated except other than by a statement in writing written instrument signed by the party against which whom enforcement of the amendment any such amendment, waiver, discharge, or termination is sought.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spectrasite Holdings Inc)

Entire Agreement; Amendment. This Agreement constitutes contains the entire --------------------------- understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral negotiations or agreements between them regarding the subject matter hereof. No In addition, modification or amendment of or to any term or provision of this Agreement, or to this Agreement may as a whole, shall not be amended or terminated except by effective unless set forth in a statement in writing and signed by the party against which enforcement both of the amendment or termination is soughtparties hereto.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Grip Technologies Inc)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof, and supersedes any prior oral or written agreements, commitments or understanding with respect to the matters provided for herein. No provision amendment, modification or discharge of this Agreement may shall be amended valid or terminated except by a statement binding unless set forth in writing signed and duly executed by the party against which whom enforcement of the amendment amendment, modification, or termination is discharge was sought.

Appears in 1 contract

Samples: Termination Agreement

Entire Agreement; Amendment. This The Agreement constitutes sets forth the entire understanding and agreement of the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the its subject matter hereofand supersedes all prior agreements, negotiations and understandings, written or oral, with respect to matters covered hereby. No provision The amendments or termination of this the Agreement may be amended or terminated except by made only in a statement in writing signed executed by the party against which enforcement of Bank and the Executives, and no amendment or termination is soughtof the Agreement shall be effective unless and until made in such a writing.

Appears in 1 contract

Samples: Ther Employment Agreement (Franklin Financial Network Inc.)

Entire Agreement; Amendment. This Agreement constitutes the entire understanding and agreement of among the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements among the parties in connection with the subject matter hereof, except as specifically set forth herein or therein. No provision amendment, supplement, modification, waiver or termination of this Agreement may shall be amended or terminated except by a statement binding unless executed in writing signed by the party against which enforcement to be bound thereby. No waiver of any of the amendment or termination is sought.provisions of

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Mims Michael W)

Entire Agreement; Amendment. This Agreement constitutes represents the entire understanding and agreement of between the parties hereto and supersedes any other oral or written agreements heretofore in effect between the parties with respect to the subject matter hereof. No provision of this Agreement hereof and may be amended or terminated except only by a statement an instrument in writing signed by the party against which enforcement parties hereto. Upon the execution and delivery of this Agreement, any prior agreement relating to the amendment subject matter hereof will be deemed automatically terminated and be of no further force or termination is soughteffect.

Appears in 1 contract

Samples: Change of Control Agreement (Codorus Valley Bancorp Inc)

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