Prior Agreements, Modifications; Waiver. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all previous understandings, commitments, or representations concerning such subject matter, including, but not limited to, the Term Sheet. Each Party acknowledges that the other Party has not made any representations other than those that are expressly contained herein. This Agreement may not be amended or modified in any way, and none of its provisions may be waived, except by a writing signed by an authorized representative of the Party against whom the amendment, modification, or waiver is sought to be xxxxxxxx.Xx failure or delay on the part of either Party in exercising any right, power, or privilege hereunder, and no course of dealing between the Parties, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver on any one occasion shall not be construed as a bar to or waiver of the same or any other right or remedy on the same or any future occasion.
Prior Agreements, Modifications; Waiver. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes any prior or contemporaneous agreements, letters of intent, or other understandings between the parties. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by this Employee and a non-interested majority of the Board of Directors. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time.
