This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
8.1. Entire Agreement, Modification, Waiver. This agreement constitutes and contains the entire agreement between the Parties regarding the Litigation and any future disputes subject to provisions of Section VII above, and supersedes any and all prior agreements, representations, negotiations, conversations, correspondence, understanding, and letters, whether oral or written, of any kind or nature, respecting the subject matter hereof. This Agreement may be amended or modified or one or more provisions hereof waived, only by a written instrument signed by the Parties. No failure or delay of either party to require performance by the other party of any provision of this Agreement shall in any way adversely affect such partys right to require full performance of the same or different provisions of this Agreement. No waiver by one party of a breach of any provision of this Agreement shall constitute a waiver of such party of any succeeding breach of the same or different provisions.