Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 257 contracts

Samples: Indemnification Agreement (Alto Neuroscience, Inc.), Indemnity Agreement (RayzeBio, Inc.), Indemnity Agreement (RayzeBio, Inc.)

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Amendment and Waiver. No supplement, modification, amendment, termination, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 23 contracts

Samples: Indemnification Agreement (Everyday Health, Inc.), Indemnity Agreement (BioSig Technologies, Inc.), Indemnification Agreement (Uranerz Energy Corp.)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall will be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed to be or shall will constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.

Appears in 11 contracts

Samples: Indemnification Agreement (Snowflake Inc.), Indemnification Agreement (Aqua Metals, Inc.), Indemnification Agreement (New Relic Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Samples: Indemnification Agreement (Dgse Companies Inc), Indemnification Agreement (Gencor Industries Inc), Indemnification Agreement (Act Teleconferencing Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoExecutive and the Corporation. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 7 contracts

Samples: Employment Agreement (Double Eagle Holdings, Ltd.), Employment Agreement (Double Eagle Holdings, Ltd.), Employment Agreement (Tm Bioscience Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such any waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 7 contracts

Samples: Employment Agreement (Microsemi Corp), Employment Agreement (Integrated Device Technology Inc), Employment Agreement (Integrated Device Technology Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Indemnification Agreement (Stellus Capital Investment Corp), Indemnification Agreement (New Mountain Finance Corp), Indemnification Agreement (New Mountain Finance Corp)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 7 contracts

Samples: Administrative Services Agreement (Sei Institutional Managed Trust), Administrative Services Agreement (Sei Asset Allocation Trust), Administrative Services Agreement (Johnsonfamily Funds Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by the parties heretoparties. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the parties. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor of this Agreement. In addition, any valid waiver shall such waiver constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 6 contracts

Samples: Service Agreement (Command Money Fund), Service Agreement (Prudential Municipal Series Fund), Service Agreement (Command Tax Free Fund)

Amendment and Waiver. No Except as permitted by the terms of any Plan, no supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 5 contracts

Samples: Executive Employment Agreement (Peraso Inc.), Employment Agreement (GFL Environmental Holdings Inc.), Employment Agreement (GFL Environmental Holdings Inc.)

Amendment and Waiver. No supplementalteration, modificationwaiver, amendment, amendment or cancellation supplement of this Agreement shall be binding or effective unless executed the same is set forth in an instrument in writing signed by the parties hereto. No The waiver of or failure to insist upon strict compliance with any of the provisions of this Agreement condition or provision hereof shall be deemed or shall constitute not operate as a waiver of of, or estoppel with respect to, any subsequent or other provision hereof (whether waiver or not similar) nor shall such waiver constitute a continuing waiverfailure.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Corecomm LTD), Stock Voting Agreement (Gaylord Entertainment Co /De), Voting and Non Competition Agreement (Res Care Inc /Ky/)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement Amendment shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or Amendment shall constitute a waiver of any other provision hereof (whether or not similar) of the Agreement nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided. The Agreement, as amended hereby, remains in full force and effect pursuant to its terms, provisions, and conditions.

Appears in 4 contracts

Samples: Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 4 contracts

Samples: Plan and Agreement of Merger (Interunion Financial Corp), Share Exchange Agreement (Spantel Communications Inc), Share Exchange Agreement (VHS Network Inc/Ca)

Amendment and Waiver. No supplement, modification, amendment, or cancellation amendment of this Agreement shall be binding unless executed the same shall be in writing and duly executed by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver).

Appears in 4 contracts

Samples: Separation Agreement (Pregis Holding II CORP), Separation Agreement and Release (Pregis Holding II CORP), Stock Repurchase Agreement (Lincoln Educational Services Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 4 contracts

Samples: Zemex Corp, Zemex Corp, Employment Agreement (Internet Sports Network Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 4 contracts

Samples: Indemnification Agreement (Clothestime Inc), Indemnification Agreement (Clothestime Inc), Indemnification Agreement (Clothestime Inc)

Amendment and Waiver. This Agreement may not be modified, amended or supplemented other than by an agreement in writing executed by all parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoparty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Healthtrac Inc), Asset Purchase Agreement (Cyop Systems International Inc), Asset Purchase Agreement (Asyst Technologies Inc /Ca/)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No 33 waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 3 contracts

Samples: Indemnification Agreement (SRS Labs Inc), Indemnification Agreement (SRS Labs Inc), Indemnification Agreement (SRS Labs Inc)

Amendment and Waiver. No supplementThis Agreement may be amended, modification, amendment, or cancellation and observance of any term of this Agreement shall may be binding unless executed in writing by waived, with (and only with) the written consent of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Stock Purchase and Cross Release Agreement (Advanced Technology Industries Inc), Stock Purchase and Cross Release Agreement (Eurotech LTD), Stock Purchase and Cross Release Agreement (Eurotech LTD)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 3 contracts

Samples: Agreement for Application Hosting and Technology Support Services, Agreement for Application Hosting and Technology Support Services, www.cityofcalabasas.com

Amendment and Waiver. No supplementExcept as otherwise provided herein, modification, amendment, or cancellation no modification of any provision of this Agreement shall be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement shall be deemed or binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverof this Agreement.

Appears in 3 contracts

Samples: Network Connectivity Agreement, Access Agreement (Separate Account I of National Integrity Life Ins Co), Access Agreement (Separate Account I of Integrity Life Insurance Co)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall shall, constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 3 contracts

Samples: Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Schlumberger Limited/Nv), Indemnification Agreement (Schlumberger LTD /Nv/), Indemnification Agreement (Schlumberger LTD /Nv/)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing and signed by the parties heretoboth parties. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Byzantine Ventures Inc), Indemnification Agreement (Simpson Manufacturing Co Inc /Ca/), Indemnification Agreement (Simpson Manufacturing Co Inc /Ca/)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) of this Agreement nor shall any such waiver constitute a continuing waiver.

Appears in 3 contracts

Samples: Indemnification Agreement (Airborne Wireless Network), Indemnification Agreement (Lion Biotechnologies, Inc.), Indemnification Agreement (Lion Biotechnologies, Inc.)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Confidential Settlement Agreement (Ipg Photonics Corp), Confidential Settlement Agreement (Ipg Photonics Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this the Agreement shall will be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this the Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Master Services Agreement (Talcott Resolution Life Insurance Co Separate Account Three), Master Services Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)

Amendment and Waiver. No supplement, modification, amendment, termination, waiver or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Gentiva Health Services Inc), Indemnification Agreement (Gentiva Health Services Inc)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (PMC Sierra Inc), Indemnification Agreement (PMC Sierra Inc)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. 13.8

Appears in 2 contracts

Samples: Share Exchange Agreement (Playandwin Inc), Share Exchange Agreement (Playandwin Inc)

Amendment and Waiver. No supplement, modification, amendment, termination or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Aethlon Medical Inc), Indemnity Agreement (Horizon Pharma, Inc.)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoparty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by both parties and unanimously approved by the parties heretoCompany’s compensation committee (or CEO in the absence thereof). No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Offer of Employment (Shopify Inc.), Employment Agreement (Shopify Inc.)

Amendment and Waiver. No supplementamendment, modification, amendment, or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) or any subsequent breach or default, nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Processor Services Agreement, Processor Services Agreement

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. (h)

Appears in 2 contracts

Samples: Share Exchange Agreement (Playandwin Inc), Share Exchange Agreement (Playandwin Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Catheter Technology Group Inc), Indemnification Agreement (World Commerce Online Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall --------------------- will be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 2 contracts

Samples: H) (Mainstay Institutional Funds Inc), Service Agreement (Mainstay Institutional Funds Inc)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. 9.8

Appears in 2 contracts

Samples: Share Exchange Agreement (Playandwin Inc), Share Exchange Agreement (Playandwin Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of any provision of this Agreement shall be binding on any party hereto unless executed consented to in writing by the parties heretosuch party. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provision, nor shall such any waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Investment and Restructuring Agreement (MFC Bancorp LTD), Owners' Agreement (MFC Bancorp LTD)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Share Exchange Agreement (Composite Design Inc), Share Exchange Agreement (First Deltavision Inc)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) hereof, nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Asset Purchase Agreement (QLT Inc/Bc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation modification of this Agreement shall be binding effective unless executed it is in writing writing, signed by the both parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification And (Evogene Ltd.)

Amendment and Waiver. This Agreement may not be modified, amended or supplemented other than by an agreement in writing executed by all Parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoParty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Asset Purchase Agreement (E Stamp Corp)

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Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by both parties and unanimously approved by the parties heretoCompany’s compensation committee (or Board of Directors in the absence thereof). No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Employment Agreement (Shopify Inc.)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. hereto No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnity Agreement (Dialogic Inc.)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoLicensor and Licensee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (regardless whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Patent License Agreement (Oryon Technologies, Inc.)

Amendment and Waiver. No Except as permitted by the terms of this Agreement, no supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by all of the parties heretoParties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Executive Employment Agreement (Ho Michael)

Amendment and Waiver. No supplementExcept as expressly provided herein, modification, amendment, or cancellation no provision of this Agreement shall may be binding unless executed in writing by amended or waived without the prior written consent of the parties hereto. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such any waiver of any provision of this Agreement constitute a continuing waiverwaiver unless otherwise expressly provided. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Appears in 1 contract

Samples: Product Manufacturing Agreement (Msu Devices Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation amendment of this Agreement shall be binding unless executed in writing by all the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Samples: Easement Agreement

Amendment and Waiver. No supplementThis Agreement may be amended only in writing, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the all parties hereto. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provisions and shall not constitute a permanent future waiver of such provision.

Appears in 1 contract

Samples: Interim Funding and Services Agreement (National Holdings Corp)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoParty to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (regardless of whether or not similar) ), nor shall any such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Purchase Agreement (Intelsat S.A.)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverprovisions of this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Elinear Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this the Agreement shall be binding unless set forth in a writing executed in writing by the both parties hereto. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Comarco Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement or any portion thereof shall be binding unless executed in writing by the parties heretoCoors and EDS. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Global Master Services Agreement (Coors Adolph Co)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be is binding unless it is executed in writing by the parties heretoParty to be bound. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute constitutes a waiver of any other provision hereof (whether or not similar) nor shall does such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Asset Purchase Agreement (Predictmedix Inc.)

Amendment and Waiver. No supplement, amendment or modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (Cam Commerce Solutions Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.a

Appears in 1 contract

Samples: Indemnity Agreement (Gsi Commerce Inc)

Amendment and Waiver. This Agreement may not be modified, amended or supplemented other than by an agreement in writing executed by all parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoParty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Assignment and Indemnification Agreement (Able Telcom Holding Corp)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the waiving party.

Appears in 1 contract

Samples: Indemnity Agreement (ChromaDex Corp.)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Samples: Master Services Agreement (Coors Adolph Co)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by all parties to the parties heretoAgreement. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 1 contract

Samples: Fund Agreement (Aul American Unit Trust)

Amendment and Waiver. No supplement, modificationmodification or amendment of any term, amendment, provision or cancellation condition of this Agreement shall be binding or enforceable unless evidenced in a writing executed in writing by the parties hereto. No waiver of any of the provisions term, provision or condition of this Agreement shall be deemed to be, or shall constitute be, or shall constitute, a waiver of any other term, provision hereof (or condition herein, whether or not similar) nor shall . No such waiver constitute a continuing waivershall be binding unless in writing and signed by the waiving party.

Appears in 1 contract

Samples: Consulting Agreement (Tekelec)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation of waiver to this Agreement shall be binding unless executed approved in writing by the parties heretoboth parties. No A waiver of any of the provisions of this Agreement shall in no event be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless specifically so designated in writing.

Appears in 1 contract

Samples: Licensing Agreement (Dwango North America Corp)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. 3(a)(1)-24

Appears in 1 contract

Samples: Share Exchange Agreement (Lasermedia Communications Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation of waiver to this Agreement shall be binding unless executed approved in writing by the parties heretoboth Parties. No A waiver of any of the provisions of this Agreement shall in no event be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless specifically so designated in writing.

Appears in 1 contract

Samples: Licensing Agreement (Winwin Gaming Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnity Agreement (Fortress Biotech, Inc.)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnity Agreement (Allogene Therapeutics, Inc.)

Amendment and Waiver. No supplementalteration, modificationwaiver, amendment, amendment -------------------- or cancellation supplement of this Agreement shall be binding or effective unless executed the same is set forth in an instrument in writing signed by the parties hereto. No The waiver of or failure to insist upon strict compliance with any of the provisions of this Agreement condition or provision hereof shall be deemed or shall constitute not operate as a waiver of of, or estoppel with respect to, any subsequent or other provision hereof (whether waiver or not similar) nor shall such waiver constitute a continuing waiverfailure.

Appears in 1 contract

Samples: Voting Agreement (Voyager Net Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. EAST\181875955.14

Appears in 1 contract

Samples: Employment Agreement (Tilray, Inc.)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth in this Agreement shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 1 contract

Samples: Participation Agreement (TFLIC Separate Account VNY)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (CPG Newco LLC)

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