Entirety and Modification Clause Samples

Entirety and Modification. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and may not be modified, supplemented or amended in any respect except by written instrument executed by Management Owners holding a majority of the Owner Shares held by all Management Owners and by NGP Owners holding a majority of the Owner Shares held by all NGP Owners.

Entirety and Modification. This Agreement (including all schedules hereto) contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, whether written or oral, between such parties relating to such subject matter. Subject to Section 15.2 of the Plan, no modification, alteration, amendment, or supplement to this Agreement shall be valid or effective unless the same is in writing and signed by the party against whom it is sought to be enforced.

Entirety and Modification. This Agreement, together with Exhibits, constitutes the entire agreement between the parties with respect to the subject matter hereof, and as of the Effective Date, shall supersede any previous agreements or understandings, written or oral, between the parties. All modifications of the Agreement shall be in writing and signed by both parties. Provided however, that any language in this Agreement to the contrary notwithstanding, if there is an Exception Addendum, duly executed by all required authorities of Network, appended to this Agreement, to the extent that the terms and /or conditions of said Exception Addendum vary from the terms and/or conditions of this Agreement, then the terms and/or conditions of the Exception Addendum shall prevail. A material change to this Agreement shall be in writing to the provider with ninety (90) days’ notice before the effective date of the change. The writing shall be conspicuously entitled ‘notice of material change to contract.’ If Network Provider objects in writing to the material change within fifteen (15) days and there is no resolution of the objection, either party may terminate the contract upon written notice of termination provided to the other party not later than sixty (60) days before the effective date of the material change. Non-material changes require notice at least fifteen (15) days prior to the effective date of the change. A material change may reasonably be expected to significantly increase Network Provider’s administrative expenses, or adds a new product.

Entirety and Modification. This document contains the entire agreement of the parties. No provision or term of this Agreement may be amended, modified, changed, altered, or waived except by written document executed by the parties hereto.

Entirety and Modification. This Agreement, together with the organizational documents of the Company, constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior understandings and agreements regarding such matters. This Agreement may be modified, supplemented or amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by written consent of the Company, the Common Stockholders owning at least a majority of the shares of Common Stock held by the Common Stockholders and a Preferred Supermajority; provided, however, Sections 2(a)(ii) and 2(a)(iii) hereof shall not be amended as to the nomination and election to the Board of a director without the prior written approval of the shareholders entitled to designate the director in the case of NGP, Westway, Bunge and West Central and, in the case of the USBG Group, approved by the members of the USBG Group holding a majority of the shares of Series A Preferred Stock held by members of the USBG Group.

Entirety and Modification. 18.1 This Agreement embodies all the terms and conditions agreed upon between the Parties hereto as to the subject matter of this Agreement and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the Parties hereto with respect to the subject matter hereof, whether such be written or oral. 18.2 No modification nor any further representation, promise or agreement in connection with the subject matter of this Agreement is binding upon any Party unless made in writing and signed by the Parties or the respective authorized representatives of the Parties hereto.

Entirety and Modification. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supercedes any and all prior agreements and understandings, whether oral or written, between the parties hereto relating to such subject matter. No modification, alteration, amendment or supplement to this Agreement shall be valid or effective unless the same is in writing and signed by all parties hereto. This Agreement is executed and delivered on this 31st day of October, 2000.

Entirety and Modification. These Terms and Conditions and the agreements referenced herein constitute the entire agreement of the parties with respect to the subject matter hereof and can be modified only by written agreement signed by the parties.

Entirety and Modification. (a) This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and replaces and supersedes any prior oral or written non-competition, non-solicitation and confidentiality agreement between the Covenantor, on the one hand, and the Purchaser, on the other hand. This Agreement may not be modified, supplemented or amended in any respect except by written instrument executed by all of the Parties, whereupon any such modification, supplement or amendment shall be binding upon all Parties. (b) The representations and covenants contained in this Agreement on the part of the Covenantor will be construed as ancillary to and independent of any other agreement between the Purchaser and the Covenantor, and the existence of any claim or cause of action of the Covenantor against the Purchaser or any of its Affiliates or any officer, director, or shareholder of the Purchaser or any of its Affiliates, shall not constitute a defense to the enforcement by the Purchaser of the covenants of the Covenantor, as applicable, contained in this Agreement.