This Agreement, including the recitals and the documents and exhibits referred to herein (which are incorporated herein by this reference), embodies the entire understanding among the parties, merges all prior discussions and communications among them, and constitutes the final, complete and exclusive statement of the terms of the parties’ agreement. This Agreement may not be contradicted, explained or supplemented by evidence of any prior or contemporaneous agreement and may only be modified or supplemented, and any provisions hereof may only be waived, by a writing signed by the party against whom enforcement of any waiver or modification is sought.