Common use of Waivers Clause in Contracts

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1089 contracts

Samples: Asset Representations Review Agreement (BMW Vehicle Owner Trust 2024-A), Asset Representations Review Agreement (BMW Vehicle Owner Trust 2024-A), Servicing Agreement (Angel Oak Mortgage REIT, Inc.)

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Waivers. No term or provision of this Agreement may shall be deemed to have been waived or modified unless such waiver or modification is in writing and signed by or on behalf of the party against whom such waiver or modification is sought to be enforcedParty granting the waiver.

Appears in 337 contracts

Samples: Management Services Agreement (Masterworks Vault 2, LLC), Management Services Agreement (Masterworks Vault 1, LLC), Management Services Agreement (Masterworks Vault 3, LLC)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforcedenforced and is consented to by the NIMS Insurer.

Appears in 252 contracts

Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2006-1), Subservicing Agreement (Structured Asset Securities Corp), Securitization Servicing Agreement (Lehman XS Trust Series 2006-Gp1)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and writing, signed by the party against whom such waiver or modification is sought to be enforcedenforced and is consented to by the NIMS Insurer.

Appears in 85 contracts

Samples: Subservicing Agreement (BNC Mortgage Loan Trust 2006-1), Subservicing Agreement (BNC Mortgage Loan Trust 2007-1), Subservicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and writing, signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 58 contracts

Samples: Asset Representations Review Agreement (Royal Bank of Canada), Asset Representations Review Agreement (WF Card Funding LLC), Asset Representations Review Agreement (WF Card Issuance Trust)

Waivers. No term or provision of this ARR Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 42 contracts

Samples: Asset Representations Review Agreement (John Deere Owner Trust 2024-B), Asset Representations Review Agreement (John Deere Owner Trust 2024), Asset Representations Review Agreement (John Deere Owner Trust 2024)

Waivers. No term or provision None of the terms of this Agreement may will be deemed to be waived or modified amended by either party unless such a waiver or modification amendment specifically references this Agreement and is in writing and signed by an authorized representative of the party against whom such waiver or modification is sought to be enforcedbound. Any such signed waiver will be effective only in the specific instance and for the specific purpose for which it was made or given.

Appears in 16 contracts

Samples: Employment and Non Competition Agreement (Performance Health Holdings Corp.), Employment and Non Competition Agreement (Performance Health Holdings Corp.), Employment and Non Competition Agreement (Performance Health Holdings Corp.)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 9 contracts

Samples: Servicing Rights Purchase and Sale Agreement (PHH Corp), Subservicing Agreement (PHH Corp), Interim Servicing Agreement (Commercial Federal Corp)

Waivers. No term or provision condition of this Agreement may be waived or modified unless such except pursuant to a written waiver or modification is in writing and signed executed by the party against whom such waiver or modification is sought to be enforced.

Appears in 9 contracts

Samples: Restaurant Agreement, www.merchantmaverick.com, Third Party Payment Processor Agreement (Usa Technologies Inc)

Waivers. No term or provision of this Agreement and a Term Sheet may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Interim Servicing Agreement (American Business Financial Services Inc /De/), Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3), Flow Servicing Agreement (GSAA Home Equity 2005-12)

Waivers. No term or provision of this Agreement may be amended, waived or modified unless such waiver or modification is in writing and signed by the party against whom such amendment, waiver or modification is sought to be enforced.

Appears in 5 contracts

Samples: Management Agreement (Great Ajax Corp.), Management Agreement (Great Ajax Corp.), Servicing Agreement (Great Ajax Corp.)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.or

Appears in 5 contracts

Samples: Reconstituted Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2), Servicing Agreement (HASCO Trust 2007-He2)

Waivers. No term or provision of this Agreement Amendment may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 5 contracts

Samples: Emeritus Agreement (Tiptree Inc.), Emeritus Agreement (Tiptree Inc.), Emeritus Agreement (Tiptree Inc.)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party Party against whom such waiver or modification is sought to be enforced.

Appears in 4 contracts

Samples: Prepaid Card Program Services Agreement (Aurora Acquisition Corp.), Subservicing Agreement (Home Point Capital Inc.), Escrow Agreement (Bancorp, Inc.)

Waivers. No term or provision of this Agreement may shall be deemed to have been waived or modified unless such waiver or modification is in writing and signed by or on behalf of the party against whom such waiver or modification is sought to be enforcedgranting the waiver.

Appears in 4 contracts

Samples: Management Services Agreement (SOI Holdings, Inc.), Management Services Agreement (BRPP LLC), Advisory Agreement (Merisant Co)

Waivers. No term or provision None of the terms of this Agreement may will be deemed to be waived or modified amended by either party unless such a waiver or modification amendment specifically references this Agreement and the related provision(s) and is in writing and signed by an authorized representative of the party against whom such waiver or modification is sought to be enforcedbound. Any such signed waiver will be effective only in the specific instance and for the specific purpose for which it was made or given.

Appears in 4 contracts

Samples: Employment and Non Competition Agreement, Employment and Non Competition Agreement (CPI Card Group Inc.), Employment and Non Competition Agreement (CPI Card Group Inc.)

Waivers. No term or provision of this Agreement may be waived or modified unless specified within the terms of this agreements such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 3 contracts

Samples: Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Pooling and Servicing Agreement (Salomon Brots Mort Sec Vii Inc Citigroup Mort Ln Tr 03 Hyb1)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. Any failure to insist upon strict compliance with any of the terms or conditions of this Agreement shall not be deemed a waiver of such terms or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or times be deemed a subsequent waiver or relinquishment of such right or power.

Appears in 3 contracts

Samples: Payroll Card Services Agreement (E-World Usa Holding,inc), Payroll Card Services Agreement (E-World Usa Holding,inc), Fundstech Corp. (Fundstech Corp)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing writing, and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (BMW Fs Securities LLC), Asset Representations Review Agreement (BMW Fs Securities LLC)

Waivers. No term or provision of this Agreement may be waived or ------- modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (United Panam Financial Corp), Sale and Purchase Agreement (Novastar Financial Inc)

Waivers. No Except as otherwise expressly provided in this Agreement, no term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. SECTION 23.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement, Pooling and Servicing Agreement (FFMLT Trust 2005-Ff8)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforcedsought.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)

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Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.. Section 9.09

Appears in 1 contract

Samples: Asset Representations Review Agreement

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforcedenforced and the Certificate Insurer shall have consented to such waiver.

Appears in 1 contract

Samples: Sub Servicing Agreement (Aames Financial Corp/De)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. SECTION 22.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforcedenforced and the Financial Guaranty Insurer shall have consented to such waiver.

Appears in 1 contract

Samples: Sub Servicing Agreement (Aames Financial Corp/De)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.enforced.β€Œ

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party Party against whom such waiver or modification is sought to be enforced. Any failure to insist upon strict compliance with any of the terms or conditions of this Agreement shall not be deemed a waiver of such term or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or times be deemed a subsequent waiver or relinquishment of such right or power.

Appears in 1 contract

Samples: Only Master Client Agreement (Ready Credit Corp)

Waivers. No term or provision of this Tri-Party Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Tri Party Agreement (Mego Mortgage Corp)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.. Section 10.16

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)

Waivers. 62 No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced. Section 21.

Appears in 1 contract

Samples: Sale Agreement (Finance of America Companies Inc.)

Waivers. No term or provision of this Agreement may be ------- waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Wilshire Real Estate Investment Trust Inc)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing writing, is consented to by the Certificate Insurer in writing, and is signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)

Waivers. M-1-55 No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and writing, signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

Waivers. No term or provision of this Agreement or a Confirmation may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1)

Waivers. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.. 31 Section 6.14

Appears in 1 contract

Samples: Subservicing Agreement

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