Common use of Entire Agreement; Enforcement of Rights Clause in Contracts

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 385 contracts

Samples: Indemnification Agreement (Merit Medical Systems Inc), Employment Agreement (Opti-Harvest, Inc.), Employment Agreement (Opti-Harvest, Inc.)

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Entire Agreement; Enforcement of Rights. This Agreement sets --------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 62 contracts

Samples: Employment Agreement (Netcentives Inc), Indemnification Agreement (Tenfold Corp /Ut), Restricted Stock Purchase Agreement (Tenfold Corp /Ut)

Entire Agreement; Enforcement of Rights. This Agreement Agreement, together with the Plan, sets forth the entire agreement and understanding of the parties relating to the subject matter herein and therein and merges all prior discussions between themthe parties. No Except as contemplated under the Plan, no modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 27 contracts

Samples: Restricted Stock Unit Agreement (Martha Stewart Living Omnimedia Inc), Restricted Stock Unit Agreement (Martha Stewart Living Omnimedia Inc), Employment Agreement (Martha Stewart Living Omnimedia Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets and the Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 24 contracts

Samples: Restricted Stock Award Agreement (American Assets Trust, L.P.), Restricted Stock Award Agreement (American Assets Trust, L.P.), Restricted Stock Award Agreement (American Assets Trust, L.P.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either any party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 8 contracts

Samples: Indemnification Agreement (Targa Resources Partners LP), Indemnification Agreement (Martin Midstream Partners Lp), Targa Resources (Targa Resources Partners LP)

Entire Agreement; Enforcement of Rights. This Agreement sets forth --------------------------------------- the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc), Employment Agreement (Tenfold Corp /Ut)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between themthem with regard to such subject matter. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Cytori Therapeutics, Inc.), Common Stock Purchase Agreement (Cytori Therapeutics, Inc.), Common Stock Purchase Agreement (Cytori Therapeutics, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges therein and merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement shall thereunder will not be construed as a waiver of any rights of such party.

Appears in 4 contracts

Samples: Healthetech Inc, Gadzoox Networks Inc, Gadzoox Networks Inc

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification modification, amendment or termination of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 4 contracts

Samples: Indemnification Agreement (Labor Ready Inc), Indemnification Agreement (Varolii CORP), Indemnity Agreement (Zumiez Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein hereof and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Viking Therapeutics, Inc.), Founder Common Stock Purchase Agreement (Viking Therapeutics, Inc.), Common Stock Purchase Agreement (Viking Therapeutics, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in a writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 3 contracts

Samples: Indemnification Agreement (Sumtotal Systems Inc), Indemnification Agreement (Sumtotal Systems Inc), Indemnification Agreement (Hockey Merger Corp)

Entire Agreement; Enforcement of Rights. This Except as expressly set forth herein, this Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 3 contracts

Samples: Contribution Agreement (Rosetta Inpharmatics Inc), Exhibit 10 Stock Purchase and Sale Agreement (Microware Systems Corp), Stock Transfer Agreement (Retix)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior and contemporaneous discussions and agreements (written and oral) between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 3 contracts

Samples: Restricted Stock Purchase Agreement (Zeta Global Holdings Corp.), Restricted Stock Purchase Agreement (Zeta Global Holdings Corp.), Award Agreement – Restricted Stock Units (Zeta Global Holdings Corp.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Oban Industries, Inc.), Common Stock Purchase Agreement (Phoenix Agri Enterprises, Inc.), Common Stock Purchase Agreement (Phoenix Agri Enterprises, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties Parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties Parties to this Agreement. The failure by either party Party to enforce any rights under this Agreement shall will not be construed as a waiver of any rights of such partyParty.

Appears in 3 contracts

Samples: Ethanol Merchandising Agreement (One Earth Energy LLC), Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC), Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between themherein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 3 contracts

Samples: Stock Subscription Agreement (American Gene Engineer Corp), Stock Subscription Agreement (American Gene Engineer Corp), Stock Subscription Agreement (Tryon Alpha, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties hereto relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The No failure by either party hereto to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (VimpelCom Ltd.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of between the parties relating with respect to the subject matter herein and merges all prior discussions between themmatters set forth herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by of either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Executive Officer Indemnification Agreement (Ekso Bionics Holdings, Inc.), Non Employee Director Indemnification Agreement (Ekso Bionics Holdings, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement and the exhibits hereto sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Share Sale Agreement (Noble Vici Group, Inc.), Share Sale Agreement (Rohat Resources, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless signed in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Insilicon Corp), Indemnification Agreement (Cygnus Inc /De/)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification modifications of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Contribution Agreement (First Capital Real Estate Trust Inc), Indemnity and Hold Harmless Agreement (First Capital Real Estate Trust Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No xxxx.Xx modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. .The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Employment Agreement (Gen 2 Technologies Inc.), Employment Agreement (Gen 2 Technologies Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement hereunder shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Source Code License Agreement (Cicero Inc), Contract Manufacturing Agreement (Conceptus Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and therein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement shall thereunder will not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Sanmina Corporation Agreement (Elastic Networks Inc), Sanmina Corporation Agreement (Elastic Networks Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth --------------------------------------- the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement hereunder shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Sales and Marketing Agreement (Engage Technologies Inc), Sales and Marketing Agreement (Engage Technologies Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions and agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement (Health Insurance Innovations, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth constitutes the entire agreement and understanding of between the parties relating to Parties concerning the subject matter herein hereof and merges supersedes all prior discussions between themagreements and communications with respect thereto, whether oral or written, and whether explicit or implicit. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties Parties to this Agreement. The failure by either party Party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such partyParty.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Guide Holdings Inc), Stock Purchase Agreement (MCT Holding Corp)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges supersedes all prior discussions agreements and understandings, oral, written and implied, between themthe parties hereto with respect to the subject matter herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Investor Rights Agreement (Codexis Inc), Indemnification Agreement (Codexis Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth Agreement, including all exhibits hereto, contains the entire agreement and understanding of the parties relating to the its subject matter herein and merges supersedes all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreementparties. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Stock Repurchase Agreement (Las Vegas Gaming Inc), Stock Repurchase Agreement (Las Vegas Gaming Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets ---------------------------------------- forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Indemnification Agreement (Atroad Inc), Indemnification Agreement (Netcentives Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and therein and merges all prior discussions between themthe parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (EnergyConnect Group Inc), Restricted Stock Unit Agreement (EnergyConnect Group Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein Shares and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Common Stock Issuance Agreement (Rosetta Inpharmatics Inc)

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Entire Agreement; Enforcement of Rights. This Except as expressly set --------------------------------------- forth herein, this Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Option Transfer Agreement (Haht Commerce Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification amendment, waiver, modification, termination or cancellation of or amendment to this Agreement, nor any waiver of any rights under this Agreement, Agreement shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Indemnification Agreement (Power Measurement Inc)

Entire Agreement; Enforcement of Rights. This Agreement --------------------------------------- sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Indemnification Agreement (Rita Medical Systems Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.. (c)

Appears in 1 contract

Samples: 14 Indemnification Agreement (Fw Integrated Orthopaedics Investors Lp)

Entire Agreement; Enforcement of Rights. This Agreement sets forth --------------------------------------- the entire agreement and understanding of the parties relating to the subject matter herein hereof and merges all prior discussions between themthem with respect thereto. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement shall hereunder will not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Exclusive Distribution Agreement (Premier Laser Systems Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein of this Agreement and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties to this Agreementparties. The failure by either party to enforce any rights under this Agreement shall will not be construed as a waiver of any rights of such party.party (c)

Appears in 1 contract

Samples: Indemnification Agreement (LivingVentures, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.such

Appears in 1 contract

Samples: Exercise Agreement (Expensify, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets Agreement, its attachments and the related Option Documents and Plan set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Early Exercise Restricted Stock Purchase Agreement (Alarm.com Holdings, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.. 5.3

Appears in 1 contract

Samples: Share Vesting Agreement

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and therein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing and signed by a duly authorized representative of the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement shall thereunder will not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Luminex Corp

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties Parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this AgreementParties. The failure by either party Party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such partyParty.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cancer Genetics, Inc)

Entire Agreement; Enforcement of Rights. This Agreement (with all of the exhibits, attachments and appendices attached hereto) sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supercedes the Original Agreement and all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Consulting Agreement (KPCB Ix Associates LLC)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreementhereto. The failure by either party to enforce any rights under this Agreement hereunder shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Restricted Stock Purchase Agreement (Dunn Jeffrey W)

Entire Agreement; Enforcement of Rights. This Agreement (with all of the exhibits, attachments and appendices attached hereto) sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Consulting Agreement (Seec Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets forth constitutes the entire agreement and understanding of between the parties relating to Parties concerning the subject matter herein hereof and merges supersedes all prior discussions between themagreements and communications with respect thereto, whether oral or written, and whether explicit or implicit. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties Parties to this Agreement. The failure by either party any Party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such partyParty.

Appears in 1 contract

Samples: Share Exchange Agreement (Anpath Group, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement, the --------------------------------------- Settlement Agreement sets and the License Agreement set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges therein and merge all prior discussions discussion between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights under this Agreement shall hereunder will not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Exclusive Distributor Agreement (Premier Laser Systems Inc)

Entire Agreement; Enforcement of Rights. This Except as set forth in the Articles and Bylaws, this Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Indemnification Agreement (7 Eleven Inc)

Entire Agreement; Enforcement of Rights. This Agreement sets and the Offer Letter set forth the entire agreement and understanding of the parties relating to the subject matter herein and merges merge all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Employment Agreement (Avanir Pharmaceuticals)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein herein, replaces any prior Indemnification Agreement between the parties and merges all prior discussions between them. No modification modification, amendment or termination of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. The failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of any rights of such party.. 15

Appears in 1 contract

Samples: Indemnification Agreement (TrueBlue, Inc.)

Entire Agreement; Enforcement of Rights. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall will be effective unless in writing signed by the parties party to this Agreementbe charged. The failure by either party to enforce any rights there under this Agreement shall will not be construed as a waiver of any rights of such party.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Photon Dynamics Inc)

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