Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writing.

Appears in 212 contracts

Samples: Item 1115 Agreement (Alternative Loan Trust 2007-7t2), Master Agreement (CWABS Asset-Backed Certificates Trust 2007-13), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar2)

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Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument in writing signed a written agreement executed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall may be effective unless in writing and signed waived except by a written document executed by the party entitled to the benefits of the provision. No waiver of a provision will be deemed to be or parties waiving compliance, and shall will constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the specific instance and for the specific purpose stated in that writingfor which it was given, and will not constitute a continuing waiver.

Appears in 59 contracts

Samples: Director Retainer Agreement (King Resources, Inc.), Director Retainer Agreement (Tianci International, Inc.), Director Retainer Agreement (Tianci International, Inc.)

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in a writing signed executed by the parties heretoparty against which such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 57 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement

Amendment and Waiver. This No provision of or right under this Agreement may not shall be modified deemed to have been waived by any act or amended except acquiescence on the part of either party, its agents or employees, but only by an instrument in writing signed by the parties heretoan authorized officer of each party. No waiver by either party of any provision breach of this Agreement or of any rights or obligations of any by the other party under this Agreement shall be effective unless in writing as to any other breach, whether of the same or any other term or condition and signed by whether occurring before or after the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingdate of such waiver.

Appears in 56 contracts

Samples: Assignment Agreement, Agreement (Finch Therapeutics Group, Inc.), Agreement (Finch Therapeutics Group, Inc.)

Amendment and Waiver. This Agreement may not be modified amended, supplemented or amended waived except by an instrument in a writing signed by the parties heretoparty against which such amendment or waiver is to be enforced. No The waiver by any party of a breach of any provision of this Agreement shall not operate to, or be construed as a waiver of, any other breach of that provision nor as a waiver of any rights or obligations breach of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writinganother provision.

Appears in 48 contracts

Samples: Executive Employment Agreement (Mobicard Inc.), Employment Agreement (Drugmax Inc), Employment Agreement (Ecotality, Inc.)

Amendment and Waiver. This Agreement may not be modified No modification, waiver or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision termination of this Agreement Agreement, or of any rights or obligations of any party under this Agreement part hereof, shall be effective unless made in writing and signed by the party or parties waiving compliance, and shall sought to be effective only in the specific instance and for the specific purpose stated in that writingbound thereby.

Appears in 42 contracts

Samples: Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC), Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC), Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by or on behalf of each of the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective valid unless in writing and signed by the person or party or parties waiving compliance, and shall to be effective only in the specific instance and for the specific purpose stated in that writingcharged.

Appears in 37 contracts

Samples: Agreement and Plan of Merger (First National Corp /Va/), Agreement and Plan of Merger (First National Corp /Va/), Employment Agreement (F&m Bank Corp)

Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument a written amendment signed by all the parties hereto, and no waiver of any provision hereof shall be effective unless expressed in a writing signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall to be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingcharged.

Appears in 35 contracts

Samples: Escrow Agreement (Foster Wheeler Inc), Escrow Agreement (Vincera, Inc.), Escrow Agreement (Vincera, Inc.)

Amendment and Waiver. This Agreement may not be modified amended only by a written agreement executed by each of the parties to this Agreement. No amendment or amended except by an instrument waiver of, or modification of any obligation under, this Agreement will be enforceable unless specifically set forth in a writing signed by the parties heretoparty against which enforcement is sought. No A waiver by either party of any provision of the terms and conditions of this Agreement in any instance will not be deemed or construed to be a waiver of such term or condition with respect to any rights other instance, whether prior, concurrent or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingsubsequent.

Appears in 29 contracts

Samples: Letter Agreement (Samsara Inc.), Letter Agreement (Samsara Inc.), Employee Invention Assignment and Confidentiality Agreement (Hippo Holdings Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except only by an a written instrument in writing signed by each of the parties heretoParties. No waiver The failure of a Party to require the performance of any provision term of this Agreement or the waiver by a Party of any rights or obligations of any party default under this Agreement shall not prevent a subsequent enforcement of such term and shall not be effective unless deemed a waiver of any subsequent breach. All waivers must be in writing and signed by the party or parties waiving compliance, and shall Party against whom the waiver is to be effective only in the specific instance and for the specific purpose stated in that writingenforced.

Appears in 23 contracts

Samples: Marketing and Servicing Agreement (Affirm Holdings, Inc.), Marketing and Program Management Agreement (OppFi Inc.), Program Marketing and Servicing Agreement (OppFi Inc.)

Amendment and Waiver. This Agreement may not be changed or modified or amended except by an instrument in writing signed by both of the parties hereto. No The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a continuing waiver or as a consent to or waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingsubsequent breach hereof.

Appears in 19 contracts

Samples: Consulting Agreement (Rite Aid Corp), Consulting Agreement (Rite Aid Corp), Employment Agreement (Endurance Specialty Holdings LTD)

Amendment and Waiver. This Agreement may not be modified Except as otherwise provided herein, no modification, amendment, or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be effective against any party hereto unless such modification, amendment, or waiver has been approved in writing by such party. No course of any rights dealing or obligations the failure of any party under to enforce any of the provisions of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, any way operate as a waiver of such provisions and shall be effective only not affect the right of such party thereafter to enforce each and every provision of this Agreement in the specific instance and for the specific purpose stated in that writingaccordance with its terms.

Appears in 17 contracts

Samples: Management Services Agreement, Consulting Services and Information Rights Agreement (Atento S.A.), Consulting Services and Information Rights Agreement (Atento S.A.)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of each of the parties hereto. No The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingaccordance with its terms.

Appears in 16 contracts

Samples: Stock Repurchase Agreement (Open Lending Corp), Stock Repurchase Agreement (Open Lending Corp), Stock Repurchase Agreement (Open Lending Corp)

Amendment and Waiver. This Agreement may not be modified or amended except from time to time only by an a written instrument in writing signed by the parties heretoParties. No waiver of any term or provision of this Agreement will be waived, and no breach excused, unless such waiver or of any rights or obligations of any party under this Agreement shall be effective unless consent is in writing and signed by the party Party claimed to have waived or parties waiving compliance, and shall consented. No waiver of a breach will be effective only in the specific instance and for the specific purpose stated in that writingdeemed to be a waiver of a different or subsequent breach.

Appears in 15 contracts

Samples: Non Exclusive License Agreement (Redwoods Acquisition Corp.), Exclusive License Agreement (Icosavax, Inc.), Non Exclusive License Agreement (Icosavax, Inc.)

Amendment and Waiver. This Agreement may not be modified amended, modified, or amended waived except by an in a written instrument in writing signed executed by the parties heretoparties. No The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingaccordance with its terms.

Appears in 15 contracts

Samples: Transaction Agreement, Stockholders Agreement, Transaction Agreement (Liberty Expedia Holdings, Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except from time to time only by an a written instrument in writing signed by the parties heretoParties. No waiver of any term or provision of this Agreement will be waived and no breach excused unless such waiver or of any rights or obligations of any party under this Agreement shall consent will be effective unless in writing and signed by the party Party claimed to have waived or parties waiving compliance, and shall consented. No waiver of a breach will be effective only in the specific instance and for the specific purpose stated in that writingdeemed to be a waiver of a different or subsequent breach.

Appears in 14 contracts

Samples: Exclusive Patent License Agreement (Solid Biosciences Inc.), Exclusive Patent License Agreement (HyperSciences, Inc.), Exclusive Patent License Agreement

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed duly executed by the parties hereto. No waiver of compliance with any provision of this Agreement or of any rights or obligations of any party under this Agreement condition hereof and no consent provided for herein shall be effective unless evidenced by an instrument in writing and signed duly executed by the party hereto sought to be charged with such waiver or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingconsent.

Appears in 13 contracts

Samples: Sales Representative Agreement (AMHN, Inc.), Agreement and Plan of Merger (Thermacell Technologies Inc), Employment Agreement (Petcare Television Network Inc)

Amendment and Waiver. This Agreement may not be modified changed, modified, or amended except discharged orally, but only by an instrument in writing signed by the parties heretoparties. No waiver of any provision term or condition of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless agreed to in writing and signed by between the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingparties.

Appears in 13 contracts

Samples: Executive Employment Agreement (Advertising Com), Executive Employment Agreement (Advertising Com), Employment Agreement (BNP Residential Properties Inc)

Amendment and Waiver. This Agreement may not be changed, modified or amended except discharged orally, but only by an instrument in writing signed by the parties heretoparties. No waiver of any provision term or condition of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless agreed to in writing and signed by between the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingparties.

Appears in 13 contracts

Samples: Employment Agreement (Telecommunication Systems Inc /Fa/), Employment Agreement (Telecommunication Systems Inc /Fa/), Employment Agreement (Telecommunication Systems Inc /Fa/)

Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument in writing signed a written agreement executed by each of the parties hereto. No amendment of or waiver of, or modification of any provision of this Agreement or of any rights or obligations of any party obligation under this Agreement shall will be effective enforceable unless set forth in a writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingagainst which enforcement is sought.

Appears in 12 contracts

Samples: Agreement (Telomir Pharmaceuticals, Inc.), Employment Agreement (Telomir Pharmaceuticals, Inc.), Employment Agreement (Telomir Pharmaceuticals, Inc.)

Amendment and Waiver. This Any of the terms of this Agreement may not be waived, amended or modified in whole or amended except in part only by an instrument in a writing signed by the parties Parties hereto. No waiver failure of any Party to insist upon strict performance of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingconstitute a waiver.

Appears in 12 contracts

Samples: Shareholder Services Agreement (Thompson Im Funds Inc), Shareholder Services Agreement (Thompson Im Funds Inc), Shareholder Services Agreement (Tributary Funds, Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in a writing signed executed by both the parties heretoCompany and Indemnitee. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party to be charged therewith. A waiver of, or parties waiving a failure to insist on, complete compliance with any provision of this Agreement shall not be construed as a waiver of a subsequent or different non-compliance, and shall be effective only in the specific instance and for the specific purpose stated in breach or default of that writingor any other provision of this Agreement.

Appears in 11 contracts

Samples: Indemnification Agreement (Synageva Biopharma Corp), Indemnification Agreement (Synageva Biopharma Corp), Indemnification Agreement (True Religion Apparel Inc)

Amendment and Waiver. This Agreement may not be amended or modified or amended except by an instrument unless mutually agreed upon in writing by the parties and no waiver will be effective unless signed by the parties heretoparty from whom such waiver is sought. No The waiver by any party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingsubsequent breach.

Appears in 10 contracts

Samples: Asset Purchase Agreement (Prism Technologies Group, Inc.), HWEL Holdings Corp., Confidential Information and Invention Assignment Agreement (Voice Life Inc)

Amendment and Waiver. This Agreement may not be modified or amended except orally, but only by an a written instrument in writing signed by all Parties. The failure of a Party to require the parties hereto. No waiver performance of any provision term of this Agreement or the waiver by a Party of any rights or obligations of any party default under this Agreement shall not prevent a subsequent enforcement of such term and shall not be effective unless deemed a waiver of any subsequent breach. All waivers must be in writing and signed by the party or parties waiving compliance, and shall Party against whom the waiver is to be effective only in the specific instance and for the specific purpose stated in that writingenforced.

Appears in 8 contracts

Samples: Receivables Retention Facility Agreement (Oportun Financial Corp), Program and Servicing Agreement (Oportun Financial Corp), Loan and Receivable Sale Agreement

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in a writing signed executed by the parties heretoparty against which such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision Persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party Person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Adc Telecommunications Inc), Share Purchase Agreement (Adc Telecommunications Inc), Agreement and Plan of Merger (Adc Telecommunications Inc)

Amendment and Waiver. This Agreement may not be amended or modified or amended except only by an instrument in writing signed by the parties hereto. No A waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall must be effective unless in writing writing, designated as such, and signed by the party against whom enforcement of that waiver is sought. The waiver by a party of a breach of any provision of this Agreement shall not operate or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingconstrued as a waiver of any subsequent or other breach thereof.

Appears in 8 contracts

Samples: Subscription Agreement (TNP Enterprises Inc), Sokol Subscription Agreement (Midamerican Energy Holdings Co /New/), Subscription Agreement (Midamerican Energy Holdings Co /New/)

Amendment and Waiver. This Agreement may not be modified or amended except at any time but only by an instrument in writing signed by written agreement of the parties heretoparties. No Any waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall only be effective unless if in writing and signed by the party or parties waiving complianceparty, and no waiver shall be effective implied by indulgence, delay or other act, failure to act, omission or conduct. Any waiver shall only apply to the specific matter waived and only in the specific instance and for the specific purpose stated in that writingfor which it is given.

Appears in 7 contracts

Samples: Master Agreement, Agreement, Master Agreement

Amendment and Waiver. This Agreement may not be modified or amended except orally, but only by an a written instrument in writing signed by the parties heretoall Parties. No waiver The failure of any provision Party to require the performance of any term of this Agreement or the waiver by any Party of any rights or obligations of any party default under this Agreement shall not prevent a subsequent enforcement of such term and shall not be effective unless deemed a waiver of any subsequent breach. All waivers must be in writing and signed by the party or parties waiving compliance, and shall Party against whom the waiver is to be effective only in the specific instance and for the specific purpose stated in that writingenforced.

Appears in 7 contracts

Samples: Receivable Sales Agreement (Atlanticus Holdings Corp), Receivable Sales Agreement (Atlanticus Holdings Corp), Confidential Treatment (Signet Jewelers LTD)

Amendment and Waiver. This Neither this Agreement nor any provision hereof may not be modified modified, amended or amended terminated except by an instrument in writing a written agreement signed by the parties hereto. No , and no waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by or on behalf of the party or parties waiving compliance, and shall to be effective only in the specific instance and for the specific purpose stated in that writingbound by such waiver.

Appears in 7 contracts

Samples: Stock Vesting Agreement (Imagex Com Inc), Stock Subscription and Repurchase Agreement (Driveway Corp), Stock Vesting Agreement (Imagex Com Inc)

Amendment and Waiver. This Agreement may not be modified or amended except at any time, but only by an instrument in writing signed executed by the both parties hereto. No A party hereto may waive any requirement to be performed by the other party, provided that such waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed executed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingrequirement.

Appears in 7 contracts

Samples: Small Business Ehancement Agreement, stillwater.org, Stock Acquisition Agreement (Noram Capital Holdings)

Amendment and Waiver. This The terms of this Agreement may not be modified or amended except by an instrument other than in a writing signed by the parties heretoparties. No waiver term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel against enforcement of any provision of this Agreement Agreement, except by written instrument of the party charged with such waiver or of any rights or obligations of any party under this Agreement estoppel. No such written waiver shall be effective deemed a continuing waiver unless in writing and signed by the party or parties waiving compliancespecifically stated therein, and each such waiver shall be effective operate only in as to the specific instance and term or condition for the specific purpose stated in future or as to any act other than that writingspecifically waived.

Appears in 7 contracts

Samples: Agreement (Willow Financial Bancorp, Inc.), Retirement and Severance Agreement (Chester Valley Bancorp Inc), Retirement, Consulting and Noncompetition Agreement (Abington Bancorp, Inc./Pa)

Amendment and Waiver. This The Agreement may not be modified or amended except by an instrument in a writing signed by both parties which explicitly states that it is an amendment with specific reference to this Section and the parties heretoAgreement section which it is amending. No waiver of any breach of any provision of this the Agreement or shall constitute a waiver of any rights breach of the same or obligations of any party under this Agreement other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingparty.

Appears in 6 contracts

Samples: assets.contenthub.wolterskluwer.com, assets.contenthub.wolterskluwer.com, assets.contenthub.wolterskluwer.com

Amendment and Waiver. This Agreement may not be amended or modified in any respect, except by writing made and executed in the same manner as this Agreement. No provisions of this Agreement shall be waived by any act, omission or amended knowledge of the parties except by an instrument in writing signed expressly waiving such provisions and executed by the parties heretoparty against whom such waiver is claimed. No waiver of any provision default under or breach of this Agreement or shall operate as a waiver of any rights other or obligations of any party under this Agreement shall be effective unless in writing and signed by the party subsequent default or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingbreach.

Appears in 6 contracts

Samples: Supply Agreement (ScripsAmerica, Inc.), Supply Agreement (ScripsAmerica, Inc.), Supply Agreement (ScripsAmerica, Inc.)

Amendment and Waiver. This Agreement may not be amended or modified or amended except only by an means of a written instrument in writing signed by the parties heretoExecutive and the duly authorized representatives of the Company and the Bank. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or parties waiving complianceobligation of this Agreement, and or the waiver by any party of a breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be effective only in the specific instance and for the specific purpose stated in that writingdeemed a waiver of any subsequent breach of this Agreement.

Appears in 6 contracts

Samples: Change in Control Agreement (Smithtown Bancorp Inc), Change in Control Agreement (Smithtown Bancorp Inc), Change in Control Agreement (Smithtown Bancorp Inc)

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in writing signed executed by the parties heretoparty against which such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 6 contracts

Samples: Purchase Agreement (Mellon HBV Alternative Strategies LLC), Asset Purchase Agreement (Enstar Inc), Asset Purchase Agreement (Trooien Gerald L)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by or on behalf of each of the parties heretoParties. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective valid unless in writing and signed by the party person or parties waiving compliance, and shall Party to be effective only in the specific instance and for the specific purpose stated in that writingcharged.

Appears in 5 contracts

Samples: Executive Employment Agreement (MainStreet Bancshares, Inc.), Executive Employment Agreement (MainStreet Bancshares, Inc.), Executive Employment Agreement (MainStreet Bancshares, Inc.)

Amendment and Waiver. This Agreement may not be modified amended, supplemented or amended changed, and no provision hereof may be waived by any Party, except by an instrument in writing making specific reference to this Agreement signed by on behalf of each of the parties Parties hereto. No waiver The failure of any provision Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingthose rights.

Appears in 5 contracts

Samples: Investment Agreement, Investment Agreement (Yum China Holdings, Inc.), Investment Agreement (Yum China Holdings, Inc.)

Amendment and Waiver. This Agreement (including Exhibit A) may not be amended or modified or amended except by an instrument in a writing signed by the parties heretoan authorized signatory of each Party. No waiver by any Party or any breach or default hereunder shall be deemed to be a waiver of any provision of this Agreement preceding or of any rights subsequent breach or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingdefault.

Appears in 5 contracts

Samples: Transitional Agreement, Transitional Agreement (Jackson Hewitt Tax Service Inc), Transitional Agreement (Wright Express CORP)

Amendment and Waiver. This Agreement may not be amended or modified or amended except by an instrument in writing signed by by, or on behalf of, each of the parties. The parties hereto. No waiver of agree that the failure to enforce any provision of this Agreement or of any rights or obligations of any party obligation under this Agreement shall be effective unless in writing and signed by not constitute a waiver of or serve as a bar to the party subsequent enforcement of such provision or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingobligation or any other provisions or obligations under this Agreement.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Umh Properties, Inc.), Subscription Agreement (Sun Communities Inc), First Asset Purchase Agreement (Sun Communities Inc)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of all of the parties heretoParties. No waiver of any provision Any term, provision, or condition of this Agreement or of any rights or obligations of any party under this Agreement shall (other than that required by law) may be effective unless waived in writing and signed at any time by the party or parties waiving compliance, and shall be effective only in Party which is entitled to the specific instance and for the specific purpose stated in that writingbenefits thereof.

Appears in 5 contracts

Samples: Deposit Processing Services Agreement (BM Technologies, Inc.), Deposit Processing Services Agreement (Higher One Holdings, Inc.), Deposit Processing Services Agreement (Higher One Holdings, Inc.)

Amendment and Waiver. This Agreement may not be amended, modified or amended except and supplemented only by an instrument in writing written agreement signed by both the parties heretoParticipant and an authorized officer of the Company. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement hereunder shall be effective unless in writing and effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in that such writing.

Appears in 5 contracts

Samples: Restricted Stock Unit Agreement (Umpqua Holdings Corp), Restricted Stock Unit Agreement (Umpqua Holdings Corp), Long Term Incentive Restricted Stock Unit Agreement (Umpqua Holdings Corp)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of all of the parties heretoParties. No waiver of any Any term, provision or condition of this Agreement or of any rights or obligations of any party under this Agreement shall (other than that required by law) may be effective unless waived in writing and signed at any time by the party or parties waiving compliance, and shall be effective only in Party which is entitled to the specific instance and for the specific purpose stated in that writingbenefits thereof.

Appears in 5 contracts

Samples: Program Agreement (InterPrivate III Financial Partners Inc.), Program Agreement (Coastal Financial Corp), Program Agreement (Coastal Financial Corp)

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in a writing signed executed by the parties heretoParty against which such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 5 contracts

Samples: Agreement of Merger, Agreement of Merger, Agreement of Merger

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in a writing signed executed by the parties heretoparty against whom such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 5 contracts

Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Vertex Energy Inc.), Membership Interest Purchase Agreement (Vertex Energy Inc.)

Amendment and Waiver. This Agreement may not be amended or modified or amended except by an instrument in writing signed by each of the parties heretoparties. No consent hereunder or waiver of or with respect to any provision term or condition of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless it is in writing and signed by the consenting or waiving party. No consent or waiver expressed or implied by either party in respect of any breach or parties waiving compliance, and default by the other in the performance by such other of its obligations hereunder shall be effective only in the specific instance and for the specific purpose stated in that writingdeemed or construed to be a consent to or a waiver of any other breach or default.

Appears in 4 contracts

Samples: Stockwork Property Option Agreement, Leduc Gold Project Property Option Agreement, Louise Lake Property Option Agreement

Amendment and Waiver. This Agreement may not be modified amended or amended waived except by an instrument in a writing signed executed by the parties heretoParty against which such amendment or waiver is sought to be enforced. No waiver course of dealing between or among any provision Persons having any interest in this Agreement will be deemed effective to modify or amend any part of this Agreement or of any rights or obligations of any party Person under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 4 contracts

Samples: Stock Purchase Agreement (SunOpta Inc.), Technical and Consulting Services Agreement (Daybreak Oil & Gas Inc), Asset Purchase Agreement (E Centives Inc)

Amendment and Waiver. This Agreement may not be modified modified, amended or amended waived in any manner except by an instrument in writing signed a written document executed by the parties heretoXxxxxxxx and Employee. No The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any rights other provision of this Agreement (whether or obligations not similar), or a continuing waiver or a waiver of any subsequent breach by such party under of a provision of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 4 contracts

Samples: Employment Agreement (OPENLANE, Inc.), Employment Agreement (OPENLANE, Inc.), Employment Agreement (KAR Auction Services, Inc.)

Amendment and Waiver. This Agreement may not be modified modified, amended, altered or amended supplemented except by an instrument in writing signed written agreement executed by the all parties hereto. No waiver of any Any term or provision of this Agreement or of any rights or obligations of any party under this Agreement shall may be effective unless waived in writing and signed at any time by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingis entitled to its benefits.

Appears in 4 contracts

Samples: Consulting Agreement (Lifeway Foods, Inc.), Consulting Agreement (Lifeway Foods Inc), Services Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Amendment and Waiver. This No provision of this Agreement may not can be modified modified, amended, supplemented or amended waived in any manner except by an instrument in writing signed by both Executive and the parties heretoCompany. No The waiver by either Party of compliance with any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such Party of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 4 contracts

Samples: Employment Agreement (AMERICAN EAGLE ENERGY Corp), Employment Agreement (AMERICAN EAGLE ENERGY Corp), Employment Agreement (AMERICAN EAGLE ENERGY Corp)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of amendment to any provision of this Agreement or of any rights or obligations of any party under this Agreement agreement shall be effective unless in writing and signed by both parties. The waiver by either party of a breach or a default of any provision of this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingany other provision.

Appears in 4 contracts

Samples: Administrative Services Agreement (Heritage Insurance Holdings, LLC), Marketing Services Agreement (Heritage Insurance Holdings, LLC), Administrative Services Agreement (Heritage Insurance Holdings, LLC)

Amendment and Waiver. This Except as otherwise provided herein, this Agreement may not be modified or amended except by an instrument in writing signed by on behalf of each of the parties hereto. No The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement or of any rights or obligations in accordance with its terms. Any agreement on the part of any party under this Agreement to any waiver shall be effective unless valid only if set forth in an instrument in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingon behalf of such party.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Globalstar, Inc.), Common Stock Purchase and Option Agreement (Globalstar, Inc.), Exchange Agreement (Globalstar, Inc.)

Amendment and Waiver. This Agreement may not only be modified or amended except by an instrument a document signed by both Parties. Compliance with any term or provision contained in writing this Agreement by the Party that was or is obligated to comply or perform with such term or provision may only be waived by a document signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties Party waiving such compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writing.

Appears in 4 contracts

Samples: Convertible Loan Agreement (Wisekey International Holding S.A.), Convertible Loan Agreement (Wisekey International Holding S.A.), Warrant Agreement (Wisekey International Holding S.A.)

Amendment and Waiver. This Agreement may not To be modified effective, any amendment or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall must be effective unless in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties waiving at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writing.

Appears in 4 contracts

Samples: Agreement (Clearview Cinema Group Inc), Asset Purchase Agreement (Access Integrated Technologies Inc), Asset Purchase Agreement (Access Integrated Technologies Inc)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision of amendment to this Agreement or of any rights or obligations of any party under this Agreement shall will be effective unless in writing and signed by the party writing. A party’s waiver of enforcement of any of this Agreement’s terms or parties waiving compliance, and shall be conditions is effective only if in the writing. A party’s specific instance and for the specific purpose stated in waiver does not constitute a waiver by that writingparty of any earlier, concurrent, or later breach or default.

Appears in 4 contracts

Samples: Sample Agreement, California Standard Agreement, www.eldoradocourt.org

Amendment and Waiver. This Agreement may not be modified amended or amended modified, or any provision hereof waived, except by an instrument agreement in writing signed executed by all the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingParties.

Appears in 4 contracts

Samples: Investor Rights Agreement (LeddarTech Holdings Inc.), Rights Agreement (Carbon Streaming Corp), Investor Rights Agreement (Nuvei Corp)

Amendment and Waiver. This No provision of this Agreement may not be modified amended, modified, supplemented or amended waived except by an instrument in writing signed executed by all of the parties hereto. No waiver hereto or, in the case of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed an asserted waiver, executed by the party or parties waiving compliance, and shall be effective only in against which enforcement of the specific instance and for the specific purpose stated in that writingwaiver is sought.

Appears in 4 contracts

Samples: Contribution Agreement (Princeton Review Inc), Asset Purchase Agreement (Hyperfeed Technologies Inc), Asset Purchase Agreement (Hyperfeed Technologies Inc)

Amendment and Waiver. This No amendment of this Agreement may not will be modified or amended except by an instrument effective unless it is in writing and signed by the parties heretoboth Parties. No waiver of any provision of this Agreement or of any rights or obligations of any party a party’s failure to comply with an obligation under this Agreement shall will be effective unless it is in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingother party.

Appears in 3 contracts

Samples: Services and Partnership Agreement (Global-E Online Ltd.), Services and Partnership Agreement (Global-E Online Ltd.), Services and Partnership Agreement (Global-E Online Ltd.)

Amendment and Waiver. This No provision of this Agreement may not can be modified modified, amended, supplemented or amended waived in any manner except by an instrument in writing signed by both Executive and the parties heretoCompany. No The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 3 contracts

Samples: Employment Agreement (Eternal Energy Corp.), Employment Agreement (Eternal Energy Corp.), Employment Agreement (Eternal Energy Corp.)

Amendment and Waiver. This Agreement and each provision hereof may not be modified amended, modified, supplemented or amended except waived only by a written agreement executed by an instrument in writing signed by the authorized representative of both parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any either party under this Agreement hereunder shall be effective unless in writing and effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in that such writing.

Appears in 3 contracts

Samples: Consulting Agreement (Tekelec), Consulting Agreement (Tekelec), Consulting Agreement (Tekelec)

Amendment and Waiver. (a) This Agreement may not be modified or amended except by an in a written instrument in writing signed executed by the parties heretoParties. No amendment, supplement, modification or waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective binding unless executed in writing and signed by the party or parties waiving compliance, and shall Party to be effective only in the specific instance and for the specific purpose stated in that writingbound thereby.

Appears in 3 contracts

Samples: Securities Purchase Agreement (M & F Worldwide Corp), Securities Purchase Agreement (Harland Clarke Holdings Corp), Agreement and Plan of Merger (K12 Inc)

Amendment and Waiver. This Agreement may not be modified amended, modified, waived or amended except by an instrument canceled only in writing signed by each of the parties heretohereto or, in the case of a waiver, by the party waiving compliance. No waiver of failure or delay by either party in exercising any right or remedy under this Agreement shall waive any provision of this Agreement nor shall any single or partial exercise by either party of any rights right or obligations of any party remedy under this Agreement shall be effective unless in writing and signed preclude either of them from otherwise or further exercising these rights or remedies or any other rights or remedies granted by the party any law or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingany other document.

Appears in 3 contracts

Samples: . Services Agreement, Services Agreement, Granicus, Inc. Services Agreement

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Amendment and Waiver. This Agreement may not be amended or modified or amended any provision hereof waived except by an instrument in writing signed by or on behalf of each party. Notwithstanding anything contained herein to the contrary, a waiver that does not adversely affect all of the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall hereto may be effective unless in writing and signed executed by only the adversely affected party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingparties.

Appears in 3 contracts

Samples: Voting Agreement (Mobilemedia Corp), Registration Rights Agreement (Arch Wireless Inc), Registration Rights Agreement (Arch Wireless Inc)

Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument agreement in writing signed by all of the parties heretoparties. No waiver of any provision or consent to any exception to the terms of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving complianceto be bound and then only to the extent, and shall be effective only in the specific instance and for the specific purpose stated in that writingand instance so provided.

Appears in 3 contracts

Samples: Registration Rights Agreement (Insignia Properties Trust /), Registration Rights Agreement (Insignia Properties Trust /), Investors Agreement (Insignia Properties Trust /)

Amendment and Waiver. This Agreement may not be modified amended and any provision of this Agreement may be waived, provided that any such amendment or amended except waiver will be binding upon a party only if such amendment or waiver is set forth in a writing executed by an instrument in writing signed by each of the parties hereto. No waiver course of dealing between or among any provision Persons having any interest in this Agreement shall be deemed effective to modify, amend or discharge any part of this Agreement or of any rights or obligations of any party under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Baywood International Inc), Asset Purchase Agreement (Nutraceutical International Corp), Asset Purchase Agreement (Interleukin Genetics Inc)

Amendment and Waiver. This Agreement may not be amended or modified in any respect, except by writing made and executed by both parties to this Agreement. No provisions of this Agreement shall be waived by any act, omission or amended knowledge of a party except by an instrument in writing signed expressly waiving such provisions and executed by the parties heretoparty against whom such waiver is claimed. No waiver of any provision default under or breach of this Agreement or shall operate as a waiver of any rights other or obligations of any party under this Agreement shall be effective unless in writing and signed by the party subsequent default or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingbreach.

Appears in 3 contracts

Samples: Supply and License Agreement, Supply and License Agreement (Autoimmune Inc), Supply and License Agreement (Autoimmune Inc)

Amendment and Waiver. This No provision of this Agreement may not be modified amended, modified, supplemented or amended waived except by an instrument in writing signed executed by all of the parties hereto. No waiver hereto or, in the case of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed an asserted waiver, executed by the party or against which enforcement of the waiver is sought. The rights and remedies of the parties waiving compliance, to this Agreement are cumulative and shall be effective only in the specific instance and for the specific purpose stated in that writingnot alternative.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Heska Corp), Assignment and Assumption Agreement (Heska Corp), Assignment and Assumption Agreement (Heska Corp)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument nor may any of the provisions hereof be waived orally. To be effective, any amendment to this Agreement shall be in writing and signed by all of the parties hereto. No To be effective, any waiver of any provision of this Agreement or the provisions of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, to be charged and then such waiver shall be effective only to the extent specifically set forth in the specific instance and for the specific purpose stated in that such writing.

Appears in 3 contracts

Samples: Sale and Purchase Agreement (Ruger William B Jr), Sale and Purchase Agreement (Sturm Ruger & Co Inc), Exchange Agreement (Wiley Deborah E)

Amendment and Waiver. This No amendment or modification of this Agreement may not will be modified or amended except by an instrument effective unless set forth in a writing signed by an authorized representative of the parties heretoparty against which enforcement of such amendment is sought. No waiver by a party of the other party's obligation to comply with any provision of this Agreement will be deemed or will constitute a waiver of the nonwaiving party's obligation to comply with any rights or obligations other provision of any party under this Agreement shall be effective unless in writing and signed by or with the party or parties waiving compliance, and shall be effective only in nonwaiving party's obligation to comply with the specific instance and for the specific purpose stated in that writingwaived provision on a subsequent occasion.

Appears in 3 contracts

Samples: Services Agreement (Loudeye Technologies Inc), Services Agreement (Loudeye Technologies Inc), Services Agreement (Loudeye Technologies Inc)

Amendment and Waiver. This Agreement may not be modified or amended except only by an a written instrument in writing signed by each of the parties hereto. No waiver The failure of a party hereto to require the performance of any provision term of this Agreement or the waiver by a party hereto of any rights or obligations of any party default under this Agreement shall not prevent a subsequent enforcement of such term and shall not be effective unless deemed a waiver of any subsequent breach. All waivers must be in writing and signed by the party or parties waiving compliance, and shall against whom the waiver is to be effective only in the specific instance and for the specific purpose stated in that writingenforced.

Appears in 3 contracts

Samples: Transfer and Contribution Agreement (Mru Abs Ii LLC), Deposit Agreement (Mru Abs Ii LLC), Transfer and Contribution Agreement (Mru Holdings Inc)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of all of the parties heretoparties. No waiver of any Any term, provision or condition of this Agreement or of any rights or obligations of any party under this Agreement shall (other than that required by law) may be effective unless waived in writing and signed at any time by the party or parties waiving compliance, and shall be effective only in which is entitled to the specific instance and for the specific purpose stated in that writingbenefits thereof.

Appears in 3 contracts

Samples: Services Agreement, Private Label Banking Agreement (Higher One Holdings, Inc.), Escrow Agreement (Higher One Holdings, Inc.)

Amendment and Waiver. This Agreement may not be modified or modified, amended except and supplemented only by an instrument in writing written agreement signed by the parties heretoParties. No The waiver by any Party to this Agreement of any breach or violation of any provision of this Agreement by the other Party shall not operate or be construed to be a waiver of any rights subsequent breach or obligations violation of the same or any party under other provision of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 3 contracts

Samples: Cooperation and Strategic Alliance Agreement (United Therapeutics Corp), Cooperation and Strategic Alliance Agreement (United Therapeutics Corp), Cooperation and Strategic Alliance Agreement (Trimeris Inc)

Amendment and Waiver. This Agreement may not be modified altered, extended or amended amended, nor may rights hereunder be waived, except by an instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed executed by the party or parties waiving compliance, and to be charged with such amendment or waiver. The waiver or failure of any party to exercise in any respect any right provided hereunder shall not be effective only deemed a waiver of such right in the specific instance and for the specific purpose stated in that writingfuture or a waiver of any other rights established under this Agreement.

Appears in 3 contracts

Samples: Management Services Agreement (Carrols Restaurant Group, Inc.), Management Services Agreement (Carrols Restaurant Group, Inc.), Transition Services Agreement (Amincor, Inc.)

Amendment and Waiver. This Unless otherwise provided herein, this Agreement may not be modified amended or amended except terminated only by an instrument in writing signed duly executed by the parties heretoParties. No Any waiver by any Party of any breach of or failure to comply with any provision of this Agreement by the other Party will not be construed as or constitute a continuing waiver of such provision, or a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingother provision hereof.

Appears in 3 contracts

Samples: Spectrum Lease and Sublicense Agreement (Clearwire Corp), Spectrum Lease and Sublicense Agreement (Clearwire Corp), Spectrum Lease and Sublicense Agreement (Clearwire Corp)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in a -------------------- writing signed executed by both the parties heretoCompany and Indemnitee. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party to be charged therewith. A waiver of, or parties waiving a failure to insist on, complete compliance with any provision of this Agreement shall not be construed as a waiver of a subsequent or different non-compliance, and shall be effective only in the specific instance and for the specific purpose stated in breach or default of that writingor any other provision of this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Maxygen Inc), Indemnification Agreement (Depomed Inc), Indemnification Agreement (Paymap Inc)

Amendment and Waiver. This Agreement may not be modified amended, supplemented or amended changed, and any provision hereof cannot be waived, except by an instrument in writing making specific reference to this Agreement signed by on behalf of each of the parties Parties hereto. No waiver The failure of any provision Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingthose rights.

Appears in 3 contracts

Samples: Shareholders Agreement (Yum China Holdings, Inc.), Shareholders Agreement (Yum China Holdings, Inc.), Shareholders Agreement (Yum Brands Inc)

Amendment and Waiver. This Agreement may not be amended or modified or amended except only by an a written instrument in writing signed by the parties heretoExecutive and by duly authorized representatives of the Bank. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or parties waiving complianceobligation of this Agreement, and or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be effective only in the specific instance and for the specific purpose stated in that writingdeemed a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Employment Agreement (Ipswich Bancshares Inc), Employment Agreement (Ipswich Bancshares Inc), Employment Agreement (Ipswich Bancshares Inc)

Amendment and Waiver. This No provision of this Agreement may not be amended or modified or amended except by an a written instrument in writing signed by the all parties hereto. No Either party may, in its sole discretion, waive any and all rights granted to it in this Agreement; provided, that no waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingother subsequent breach.

Appears in 3 contracts

Samples: Share Repurchase Agreement (Enact Holdings, Inc.), Share Repurchase Agreement (Enact Holdings, Inc.), Share Repurchase Agreement (Enact Holdings, Inc.)

Amendment and Waiver. This Agreement may not be amended or modified in whole or amended except in part at any time only by an instrument in a writing signed by all of the parties hereto. No waiver of any Any term, condition or provision of this Agreement may be waived in writing at any time by the party which is entitled to the benefits thereof. Any such waiver shall not constitute a waiver of any of the waiving party’s other rights or remedies or of any rights other or obligations of any party under this Agreement shall be effective unless in writing and signed by the party future breach, violation or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingdefault hereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BFC Financial Corp), Agreement and Plan of Merger (Bluegreen Corp)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of each of the parties hereto. No Any party may waive in whole or in part any benefit or right provided to it under this Agreement, such waiver being effective only if contained in a writing executed by such party (and by the Company, in the case of any waiver by any Seller). The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingaccordance with its terms.

Appears in 2 contracts

Samples: Share Repurchase Agreement (Hilton Worldwide Holdings Inc.), Share Repurchase Agreement (Hilton Worldwide Holdings Inc.)

Amendment and Waiver. This No provision of this Agreement may not be modified amended or amended waived except by an instrument in writing signed by the parties Parties hereto. No An amendment or waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall will be effective unless binding upon a Party only if in writing and signed by that Party. Any waiver of any provision of this Agreement shall apply only to the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in subject matter of that writingwritten waiver.

Appears in 2 contracts

Samples: Option Agreement (Amera Resources CORP), Option Agreement (Amera Resources CORP)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of and any provision of this Agreement may be waived, provided that any such amendment or waiver shall be binding upon a Party only if such amendment or waiver is set forth in a writing executed by both Parties. No course of dealing between or among any persons having any interest in this Agreement shall be deemed effective to modify, amend or discharge any part of this Agreement or any rights or obligations of any party Party under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Colfax CORP)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement may be (i) amended other than by a written instrument signed by the Company and the Representative or of any rights or obligations of any party under this Agreement shall be effective unless (ii) waived other than in writing and a written instrument signed by the party against whom enforcement of such waiver is sought. Failure of any party to exercise any right or parties waiving complianceremedy under this Agreement or otherwise, and or delay by a party in exercising such right or remedy, shall be effective only in the specific instance and for the specific purpose stated in that writingnot operate as a waiver thereof.

Appears in 2 contracts

Samples: Registration Rights Agreement (Health Insurance Innovations, Inc.), Merger Agreement (Health Insurance Innovations, Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument in writing signed a written document executed by the both parties hereto. No waiver of any provision rights of this Agreement or of any rights or obligations of any a party under this Agreement shall will be effective unless in writing and signed executed by the party or parties waiving compliance, and shall be effective only in granting the specific instance and for the specific purpose stated in that writingwaiver.

Appears in 2 contracts

Samples: Converter Agreement (Balqon Corp.), Supplemental Agreement (Balqon Corp.)

Amendment and Waiver. This Agreement and any terms, covenants or conditions hereunder may not only be modified amended or amended except waived by an a written instrument in writing signed specifically referring to this Agreement executed by each of the parties heretoParties. No A waiver of any provision of this Agreement or shall in no manner affect the waiving Party’s right to enforce any provisions of this Agreement at a subsequent time, and the waiver by any Party of any rights or obligations right arising out of any party under this Agreement shall be effective unless in writing and signed breach by the party or parties waiving compliance, and other Party shall not be effective only in the specific instance and for the specific purpose stated in that writingconstrued as a waiver of any right arising out of any subsequent breach.

Appears in 2 contracts

Samples: Consulting Agreement (BJs RESTAURANTS INC), Consulting Agreement (BJs RESTAURANTS INC)

Amendment and Waiver. This No supplement, modification or amendment of this Agreement may not shall be modified or amended except by an instrument binding unless executed in writing signed by both of the parties heretoparties. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement provision hereof shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. Any waiver of any right or parties waiving compliance, and default hereunder shall be effective only in the specific instance given and for the specific purpose stated in that writingshall not operate as or imply a waiver of any other or similar right or default on any subsequent occasion.

Appears in 2 contracts

Samples: Services Agreement (Wayne Farms, Inc.), Services Agreement (PSF Group Holdings Inc)

Amendment and Waiver. This Agreement may not be modified or amended amended, except by an instrument or instruments in writing writing, signed by the parties hereto. No waiver party against whom enforcement of any such modification or amendment is sought. The waiver by any party hereto of a breach of any term or provision of this Agreement or shall not be construed as a waiver of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingsubsequent breach.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Amendment and Waiver. This Agreement may not be amended or modified in whole or amended except in part at any time only by an instrument in a writing signed by the parties hereto. No waiver of any Any term, condition or provision of this Agreement may be waived in writing at any time by the party which is entitled to the benefits thereof. Any such waiver shall not constitute a waiver of any of the waiving party’s other rights or remedies or of any rights other or obligations of any party under this Agreement shall be effective unless in writing and signed by the party future breach, violation or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingdefault hereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BBX Capital Corp), Agreement and Plan of Merger (Bluegreen Corp)

Amendment and Waiver. This Agreement may not be modified amended, modified, or amended supplemented in any manner, and no provision of this Agreement may be waived, whether by course of conduct or otherwise, except by an instrument in writing signed by the parties hereto. No waiver on behalf of any provision of each party and otherwise as expressly set forth in this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Legion Capital Corp), Asset Purchase Agreement (Legion Capital Corp)

Amendment and Waiver. This Agreement may not be modified No change, modification or amended except by an instrument in writing signed by the parties hereto. No waiver termination of any provision terms, provisions, or conditions of this Agreement or of any rights or obligations of any party under this Agreement shall be effective valid or binding unless made in writing and signed by authorized representative of the party Parties. The waiver from time to time by a Party of any of its rights or parties waiving compliance, and its failure to exercise any right or remedy shall not operate or be effective only construed as a continuing waiver of same or of any other of such Party’s rights or remedies provided in the specific instance and for the specific purpose stated in that writingthis Agreement.

Appears in 2 contracts

Samples: Mutual Confidentiality Agreement (Novo Nordisk a S), Mutual Confidentiality Agreement

Amendment and Waiver. This Agreement may only be amended by an instrument in writing signed by the Parties. Except for waivers specifically provided for in this Agreement, rights under this Agreement may not be modified or amended waived except by an instrument in writing signed by the parties heretoParty to be charged with the waiver. No The failure of a Party to insist on the strict performance of any provision of this Agreement or to exercise any right, power or remedy upon a breach of this Agreement will not constitute a waiver of any provision of this Agreement or of limit the Party’s rights thereafter to enforce any rights provision or obligations of exercise any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingright.

Appears in 2 contracts

Samples: Smelter Returns Royalty Agreement (Coeur Mining, Inc.), Royalty Agreement (Growblox Sciences, Inc.)

Amendment and Waiver. This Agreement Except as otherwise provided herein, this agreement may not be modified or amended except by an instrument in writing signed by on behalf of each of the parties hereto. No The failure of any party to enforce any of the provisions of this agreement shall in no way be construed as a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless agreement in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingaccordance with its terms.

Appears in 2 contracts

Samples: Rite Aid Corp, Green Equity Investors Iii Lp

Amendment and Waiver. This Agreement may not be amended or modified or amended except by an a written instrument in writing signed by the parties hereto. No The waiver by any party of any provision of such party's rights under this Agreement in any particular instance or instances, whether intentional or otherwise, shall not be considered as a continuing waiver which would prevent subsequent enforcement of such rights or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingother rights.

Appears in 2 contracts

Samples: Stockholders' Agreement (GTS Duratek Inc), Stock Purchase Agreement (GTS Duratek Inc)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No waiver of and any provision of this Agreement may be waived, provided that any such amendment or waiver shall be binding upon a party only if such amendment or waiver is set forth in a writing executed by such party. No course of dealing between or among any Persons having any interest in this Agreement shall be deemed effective to modify, amend or discharge any part of this Agreement or any rights or obligations of any party hereto under or by reason of this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingAgreement.

Appears in 2 contracts

Samples: Master Separation Agreement (Hanesbrands Inc.), Master Separation Agreement (Hanesbrands Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No modification of this Agreement, and no waiver of any provision breach of this Agreement or of any rights or obligations of any party under this Agreement Agreement, shall be effective unless in writing and signed by an authorized representative of the party Party against whom enforcement is sought. This Agreement may not be modified or parties waiving complianceamended by electronic means without written agreement of the Parties. No waiver of any breach of this Agreement, and no course of dealing between the Parties, shall be effective only in the specific instance and for the specific purpose stated in that writingconstrued as a waiver of any subsequent breach of this Agreement.

Appears in 2 contracts

Samples: Reseller Agreement (Capstone Dental Pubco, Inc.), Reseller Agreement (Capstone Dental Pubco, Inc.)

Amendment and Waiver. This Agreement may not be modified or amended except orally, but only by an a written instrument in writing signed by the parties heretoParties. No waiver The failure of any provision Party to require the performance of any term of this Agreement or the waiver by any Party of any rights or obligations of any party default under this Agreement shall will not prevent a subsequent enforcement of such term and will not be effective unless deemed a waiver of any subsequent breach. All waivers must be in writing and signed by the party or parties waiving compliance, and shall Party against whom the waiver is to be effective only in the specific instance and for the specific purpose stated in that writingenforced.

Appears in 2 contracts

Samples: Loan Servicing Agreement (National Retail Fund III), Loan Servicing Agreement (National Retail Fund II)

Amendment and Waiver. This Agreement may not be modified or amended except by an instrument in writing signed by on behalf of each of the parties hereto. No The waiver of the observance of any term hereof may only be waived by an instrument in writing. Such waiver by any party hereto of a breach of this Agreement shall not operate or be construed as a waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingsubsequent breach.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement (State Treasurer of St of Mi as Custodian of Mi Retirement Sy), Stock Purchase and Sale Agreement (State Treasurer State of Michigan)

Amendment and Waiver. This Agreement may not be amended or modified -------------------- or amended any provision hereof waived except by an instrument in writing signed by or on behalf of each party. Notwithstanding anything contained herein to the contrary, a waiver that does not adversely affect all of the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall hereto may be effective unless in writing and signed executed by only the adversely affected party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingparties.

Appears in 2 contracts

Samples: Registration Rights Agreement (Arch Communications Group Inc /De/), Registration Rights Agreement (Arch Communications Group Inc /De/)

Amendment and Waiver. This Agreement may not be modified modified, amended, altered or amended supplemented except by an instrument in writing a written agreement signed by GTSI and BTG which shall be authorized by all necessary corporate action of each party. Each party may waive any condition to the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any such party under this Agreement shall be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writinghereunder.

Appears in 2 contracts

Samples: Standstill Agreement (BTG Inc /Va/), Standstill Agreement (Government Technology Services Inc)

Amendment and Waiver. This Agreement may not be modified or amended except only by an instrument written amendment signed by each of the parties hereto, and no waiver of any provision hereof shall be effective unless expressed in a writing signed by the parties hereto. No waiver of any provision of this Agreement or of any rights or obligations of any party under this Agreement shall to be effective unless in writing and signed by the party or parties waiving compliance, and shall be effective only in the specific instance and for the specific purpose stated in that writingcharged.

Appears in 2 contracts

Samples: Escrow Agreement (CPS Business CORP), Contingent Value Right Escrow Agreement (Primacom Ag)

Amendment and Waiver. This Agreement may not be amended, modified or amended except -------------------- supplemented only by an instrument in writing signed by the all parties hereto. No waiver by any party of any provision of this Agreement or of any rights or obligations of any party under this Agreement the provisions hereof shall be effective unless set forth in writing and signed executed by the party so waiving. Any waiver or parties waiving compliancefailure to insist upon strict compliance with any obligation, and covenant, agreement, provision, term or condition shall be effective only in the specific instance and for the specific purpose stated in that writingnot operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 2 contracts

Samples: Transaction Agreement (Green Equity Investors Iii Lp), Transaction Agreement (North Face Inc)

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