Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 75 contracts
Samples: Preferred Stock Purchase Agreement (Ionix Technology, Inc.), Preferred Stock Purchase Agreement (Guardion Health Sciences, Inc.), Restricted Stock Purchase Agreement (Guardion Health Sciences, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's Party’s right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 16 contracts
Samples: Reorganization and Stock Purchase Agreement (Cannagistics Inc.), Agreement and Plan of Reorganization (SearchCore, Inc.), Assignment and Assumption Agreement (Infinity Oil & Gas Co)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 14 contracts
Samples: Share Exchange Agreement (International Packaging & Logistics Group Inc.), Acquisition Agreement (Gawk Inc.), Stock Acquisition Agreement (PHYHEALTH Corp)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such partyParty's right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 12 contracts
Samples: Intellectual Property License Agreement (Corruven, Inc.), Development Agreement (Corruven, Inc.), Development Agreement (Corruven, Inc.)
Waiver and Amendment. Any term, provision, covenant, ----------------------- representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 9 contracts
Samples: Termination of Agreement (Star E Media Corp), Reorganization and Stock Purchase Agreement (Kenwick Industries Inc), Reorganization and Stock Purchase Agreement (Startronix International Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 8 contracts
Samples: Restricted Stock Purchase Agreement (AirTouch Communications, Inc.), Note and Warrant Conversion Agreement (Freeze Tag, Inc.), Stock Option Conversion Agreement (Freeze Tag, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof hereof, or to exercise its rights with respect to any provision hereof hereof, shall in no manner operate as a waiver of or affect such party's Party’s right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Nowtransit Inc), Stock Purchase Agreement (Nowtransit Inc), Stock Purchase Agreement (Nowtransit Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Remedent Usa Inc/Az), Securities Purchase Agreement (Remedent Usa Inc/Az), Securities Purchase Agreement (Remedent Usa Inc/Az)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 6 contracts
Samples: Securities Exchange Agreement (Rokwader, Inc.), Acquisition Contract (Heartland, Inc.), Acquisition Contract (Heartland, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's Party’s right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 6 contracts
Samples: Acquisition and Stock Exchange Agreement (Green Automotive Co), Acquisition and Stock Exchange Agreement (Green Automotive Co), Stock Exchange Agreement (Matter of Time I Co.)
Waiver and Amendment. Any term, provision, covenant, representationrepresent- ----------------------- ation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Tmi Holdings Inc/Fl), Stock Purchase Agreement (Sessions William Michael)
Waiver and Amendment. Any term, provision, covenant, ----------------------- representation, warranty warranty, or condition of this Agreement may be waived, but only - by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 2 contracts
Samples: Acquisition Agreement (Imaging Technologies Corp/Ca), Acquisition Agreement (Imaging Technologies Corp/Ca)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all the parties hereto.
Appears in 2 contracts
Samples: Property Purchase Agreement (Landmark Theatre Corp), Asset Purchase Agreement (Landmark Theatre Corp)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such partyParty's right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the 18 breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 2 contracts
Samples: Lock Up Agreement (Marani Brands, Inc.), Agreement and Plan of Merger (Marani Brands, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Parties entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 2 contracts
Samples: Plan of Reorganization and Acquisition (Saltys Warehouse, Inc.), Plan of Reorganization And (Nucotec Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty ----------------------- warranty, or condition of this Agreement may be waived, but only by a written -- instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 2 contracts
Samples: Acquisition Agreement (Imaging Technologies Corp/Ca), Acquisition Agreement (Imaging Technologies Corp/Ca)
Waiver and Amendment. Any term, provision, provision covenant, representation, warranty or of condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 2 contracts
Samples: Amendment Exchange Agreement (Dippy Foods Inc), Exhibit 5 (Dippy Foods Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by all the party entitled to the benefits thereofparties of this Agreement. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of of, or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be be, or construed as as, a further or continuing waiver of any such condition or breach or waiver of any other condition condition, or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all the parties hereto.
Appears in 2 contracts
Samples: Stock Purchase and Exchange Agreement (Thehealthchannel Com Inc), , Stock Purchase and Exchange Agreement (Thehealthchannel Com Inc)
Waiver and Amendment. Any term, provision, covenant, representation, --------------------- warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term, provision, covenant, ----------------------- representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be is in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Reorganization and Stock Purchase Agreement (Youticket Com Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be is in writing and signed by all parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term, provision, covenant, representationrepresen- ----------------------- tation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Remedent Usa Inc/Az)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to Purchaser and the benefits thereofSellers. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pharma-Bio Serv, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or representationor warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (American Custom Components Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.. 9
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Consorteum Holdings, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Acquisition Agreement (Global Realty Development Corp)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such partyParty's right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 1 contract
Samples: Intellectual Property Purchase Agreement (American Soil Technologies Inc)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereofparties. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Agreement (Pharma-Bio Serv, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, . representation or warranty contained in this Agreement, . in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, . covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (AirTouch Communications, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Funding Commitment Agreement (Limitless X Holdings Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation representation, or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto. VIII.
Appears in 1 contract
Waiver and Amendment. Any term, provision, covenant, representation, warranty warranty, or condition of this Agreement may be waived, but only by a written instrument signed by the party Party entitled to the benefits thereof. The failure or delay of any party Party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's Party’s right at a later time to enforce the same. No waiver by any party Party of any condition, or of the breach of any term, provision, covenant, representation representation, or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be in writing and signed by all parties Parties hereto.
Appears in 1 contract
Samples: Debt Conversion Agreement (Harbor Custom Development, Inc.)
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, provision, covenant, representation or warranty. No modification or amendment of to this Agreement shall be valid and binding unless it be in writing and signed by all parties hereto.
Appears in 1 contract
Waiver and Amendment. Any term, provision, covenant, representation, warranty or condition of this Agreement may be waived, but only by a written instrument signed by the party entitled to the benefits thereof. thereof The failure or delay of any party at any time or times to require performance of any provision hereof or to exercise its rights with respect to any provision hereof shall in no manner operate as a waiver of or affect such party's ’s right at a later time to enforce the same. No waiver by any party of any condition, or of the breach of any term, provision, . covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of the breach of any other term, . provision, covenant, representation or warranty. No modification or amendment of this Agreement shall be valid and binding unless it be he in writing and signed by all parties hereto.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (AirTouch Communications, Inc.)
