Common use of Entire Agreement and Modification Clause in Contracts

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate. In the event of a conflict between the terms of this Agreement and the Merger Agreement, the terms of the Merger Agreement shall control.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may be not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentAmendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and SellerSellers dated August 4, 1999) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent matter, and any confidentiality agreement between Buyer and Seller) and constitutes (along constitutes, together with the Disclosure Letter, Exhibits and all other documents delivered pursuant referred to this Agreement) herein and the Exhibit hereto, a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matterthe Common Stock purchased hereunder. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and SellerIntent) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSeller or Company, on the other hand) and constitutes (along with the Disclosure Letterschedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Except as set forth herein, this Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent matter, including, without limitation, the Commitment Letter, the Amended Commitment Letter, the Term Sheet and any confidentiality agreement between Buyer and Seller) the Amended Term Sheet and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements between the parties hereto, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) matter, and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSeller or Company, on the other hand) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer Buyer, on the one hand, and SellerSellers or Company, on the other hand) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements (other than the Confidentiality Agreement), whether written or oral, between or among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the each party to be charged with the amendmenthereto.

Entire Agreement and Modification. This Agreement Agreeme nt supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and SellerSellers dated , 199 ) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter Letter of intent and any confidentiality agreement Intent between Buyer and Seller) the parties), and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentboth parties.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this AgreementAgree- ment) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentBuyer, Seller and Escrow Agent.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) as a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter, except that until the Closing, the Confidentiality Agreement shall remain in full force and effect in accordance with its terms. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, agreements (whether written oral or oral, between in writing) by and among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject mattermatter and is not intended to confer any rights or remedies upon any Person other than the Parties. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendmentBuyer and Sellers.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including other than any letter of intent and any confidentiality agreement between Buyer and SellerConfidentiality Agreement) and constitutes (along with the Disclosure Letter, Exhibits documents referred to in this Agreement and other documents delivered pursuant to this any Confidentiality Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes and the other Transaction Documents supersede all prior agreements, whether written or oral, agreements (other than the Confidentiality Agreement) between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) matter, and constitutes (along with the Disclosure LetterConfidentiality Agreement, Exhibits the Transaction Documents and the other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by signed on behalf of each of the party to be charged with the amendmentparties hereto.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence between TOG and any confidentiality agreement between Buyer SELLERS and SellerTOG and Acquired Companies) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by all the party parties to be charged with the amendmentthis Agreement.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence between TOG and any confidentiality agreement between Buyer Sellers and SellerTOG and Acquired Companies) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter, except for that certain Confidentiality Agreement dated August 15, 2005 and subsequent Modification One (the “Confidentiality Agreement”), which shall survive until Closing. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits Confidentiality Agreement and other the documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and SellerSellers) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by each of the party to be charged with the amendmentparties hereto.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of interest or letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentParties.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties (other than the Confidentiality Agreement) with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by Buyers, in the party event Buyers are to be charged with the amendment or by each Shareholder, in the event the Shareholders are to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement, including the Bill of Sale, the Note and the Assignment) a complete and exclusive statement st▇▇▇▇ent of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Other than the Purchase Agreement (which supplements the terms and provisions of this Agreement), this Agreement supersedes all prior agreements, whether written or oral, between or among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this relevant provisions of the Purchase Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the such amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Ocean, and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (other than the Confidentiality Agreement but specifically including any letter the Letter of intent and any confidentiality agreement between Buyer and Seller) Intent and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement the Confidentiality Agreement dated January 22, 1997, between Buyer and Seller▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇.) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Purchaser, Merger Sub and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties (other than the Confidentiality Agreement) with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by Investors, in the party event that Investors are to be charged with the amendment or by each Shareholder, in the event that the Shareholders are to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Selleramong Buyer, Seller and/or the Company) and constitutes (along with the Disclosure LetterSchedule, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement Agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter Letter of intent and any confidentiality agreement Intent between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the non-binding Letter of intent and any confidentiality agreement Intent between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement correspondence between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this AgreementAgree- ment) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplementedsup- plemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence between TOG and any confidentiality agreement between Buyer Shareholder and SellerTOG and Acquired Companies) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsagreements between the parties hereto, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) matter, and constitutes (along with the Disclosure LetterExhibits, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among WWBU, and Seller) VERDANT and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerany one or more of the Sellers) and constitutes (along with the Seller Disclosure Letter, the Buyer Disclosure Letter, the Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplementednor may compliance with any condition set forth herein be waived, or otherwise modified except by a written agreement executed by each Party hereto, or in the party to be charged with case of a waiver, the amendmentParty waiving compliance.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and/or AMCON and Seller) and constitutes (along with the Disclosure LetterAppendices, Schedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerthe Parties) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and SellerAmarin) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Selleror term sheet previously signed by the parties) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether verbal or written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and SellerSellers dated May 2, 2000) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter, and there are no other verbal or written agreements or understandings with respect to the terms hereof. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between agreements among the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement between Buyer and Seller) Intent and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, supplemented or otherwise modified except by in a written agreement document executed by the party to be charged with against whose interest the amendmentmodification will operate.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement, including the Bill ▇▇ Sale and the Note) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether oral or written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) as a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerintent) and constitutes (along with the Disclosure Letter, Exhibits other Transaction Documents and other documents delivered pursuant to this the Nondisclosure Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letterdocuments referred to in, Exhibits and other documents delivered pursuant to or executed in connection with, this Agreement including, but not limited to, the Confidentiality Agreement) a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and and, post-Closing, any confidentiality agreement between Buyer and SellerSellers) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between or among the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between among the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentParties.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter the Letter of intent Intent between Buyer and any Seller dated December 21, 2004 but excluding the confidentiality agreement between Buyer and Sellerthe Parties) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement Agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party Party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter the Letter of intent and any confidentiality agreement Intent between Buyer and SellerSeller dated January 19, 1998) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with Buyer and Seller, and in the amendmentevent of a waiver, by the waiving party.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent correspondence, written and any confidentiality agreement between Buyer oral among Parent, Merger Sub and Seller) the Company and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between among the parties with respect to its subject matter. This Agreement may not be amended, supplementednor may any provision hereof or default hereunder be waived, or otherwise modified except by a written agreement executed by the party to be charged with the amendmentamendment or waiver.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedules, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of Exhibit 10(a) the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter Letter of intent and any confidentiality agreement Intent between the Buyer and Sellerthe Shareholders) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer any of IIS, GNI, Shareholder and SellerAnchor) and constitutes (along with the Disclosure Letter, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter, except as expressly agreed in any writing dated as of the date of this Agreement or in a later writing which expressly refers to this Agreement. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerintent) and constitutes (along with the Disclosure Letter, Exhibits Transaction Documents and other documents delivered pursuant to this the Nondisclosure Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer PACIFIC and SellerPRB) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Sellerthe Confidentiality Agreement) and constitutes (along with the Seller Disclosure LetterSchedules, the Buyer Disclosure Schedules, the Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreementsoral and written communications, whether written or oralinformation, disclosures, bid documents, and agreements between the parties with respect to its subject matter (including any letter of intent memoranda, draft term sheets and any confidentiality agreement between Buyer and Sellercorrespondence relating thereto) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this AgreementTransaction Documents) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer IIS and SellerK2 Digital) and constitutes (along with the Disclosure Letter, Exhibits Schedules and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement correspondence between TOG or Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the entire agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer JKP Sub and SellerBizarre) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the parties with respect to its subject matter (including any the letter of intent and any confidentiality agreement between Buyer and Sellerdated July 20, 2007 and, upon the Closing, the Confidentiality Agreement) and constitutes (along with the Disclosure Letter, Exhibits exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by in a written agreement writing executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties Parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) Agreement a complete and exclusive statement of the terms of the agreement between the parties Parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party Party to be charged with the amendment. Each of Sellers and the Company agree that consummation of the Closing shall automatically terminate and render null and void the Stockholders Agreement, including all of their respective rights and claims thereunder.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between or among the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement between Buyer and Seller) and constitutes (along with the Disclosure LetterSchedule, Exhibits Exhibits, and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by the party to be charged with the amendment.

Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, agreements between the parties with respect to its subject matter (including any letter of intent and any confidentiality agreement excluding the Confidentiality Agreement, as Amended by the First Amendment to Letter Agreement between Buyer and SellerSellers dated October 25, 2004) and constitutes (along with the Disclosure Letter, Exhibits and other documents delivered pursuant referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified amended except by a written agreement executed by the party to be charged with the amendment.