Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 152 contracts
Samples: Option Agreement (Universal Security Instruments Inc), Product and Sponsorship Agreement, Stock Purchase Agreement (Twinlab Consolidated Holdings, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 29 contracts
Samples: Software as a Service Agreement, Software License Agreement (PARETEUM Corp), Software Third Party Dealer Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 25 contracts
Samples: Asset Purchase Agreement (Smart Sand, Inc.), Stock Purchase Agreement (Addvantage Technologies Group Inc), Asset Purchase Agreement (Smart Sand, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 24 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Lowell Farms Inc.), Stock Purchase Agreement (Boxlight Corp)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 17 contracts
Samples: Entire Agreement, Service Agreement, A Service Agreement
Amendment and Modification; Waiver. This Except as set forth herein, no amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 12 contracts
Samples: Software and Services License Agreement (Tirios Propco Series LLC), Software and Services License Agreement (Ysmd, LLC), Software and Services License Agreement (Arrived Homes II, LLC)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 8 contracts
Samples: Healthcare Consultlink LLC Service Subscription Agreement, Software Service Agreement, Hosted Software Solution
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 7 contracts
Samples: Application Services Agreement, Cloud Software Subscription Agreement, A Service Agreement Terms
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 7 contracts
Samples: Share Exchange Agreement (Blackboxstocks Inc.), Share Loan Agreement (Nexeon Medsystems Inc), Contribution Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 6 contracts
Samples: Website Content License Agreement (Empirical Ventures, Inc.), Software and Services License Agreement (Reitless Impact Income Strategies LLC), Website Content License Agreement (Empirical Ventures, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 6 contracts
Samples: Master Services Agreement, Master Services Agreement, Software and Services Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 6 contracts
Samples: License Agreement (Nant Health, LLC), Nantomics Exclusive Reseller Agreement (Nant Health, LLC), License Agreement (Nant Health, LLC)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 6 contracts
Samples: Citeright Services Subscription Agreement, Citeright Services Subscription Agreement, Citeright Services Subscription Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoof the Parties. No waiver by any party of the Parties of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 6 contracts
Samples: Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.)
Amendment and Modification; Waiver. This Agreement Agreement, including the Service Schedules, may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 5 contracts
Samples: Transition Services Agreement (American Outdoor Brands, Inc.), Transition Services Agreement (American Outdoor Brands, Inc.), Transition Services Agreement (American Outdoor Brands, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoparty’s authorized Representative. No waiver by any party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 5 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 5 contracts
Samples: Put Option Agreement (Innoviz Technologies Ltd.), Agreement and Plan of Merger (Campus Crest Communities, Inc.), Stock Purchase Agreement (Xse, LLC)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 5 contracts
Samples: Purchase Agreement (Cohen Daniel G), Termination and Release Agreement (Ricciardi Christopher), Termination and Release Agreement (Institutional Financial Markets, Inc.)
Amendment and Modification; Waiver. This Escrow Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Escrow Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Escrow Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 4 contracts
Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement (ARC Group Worldwide, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingboth Parties. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 4 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoBuyer and Sellers. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Contribution Agreement (Pattern Energy Group Inc.), Contribution Agreement (Pattern Energy Group Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Investment Agreement (Institutional Financial Markets, Inc.), Investment Agreement (Cohen & Co Inc.), Investment Agreement (Cohen & Co Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented any Order is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 3 contracts
Samples: License, Software and Support Agreement, License, Software and Support Agreement, End User License, Software and Support Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Share Purchase Agreement (Otsego Shares, LLC), Share Purchase Agreement (Island Capital Group LLC), Management Services Agreement (Denali SPAC Holdco, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Phreesia, Inc.), Mutual License and Reseller Agreement (Nant Health, LLC), Mutual License and Reseller Agreement (Nant Health, LLC)
Amendment and Modification; Waiver. This No amendment to or modification of or rescission, termination or discharge of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Service User Agreement, Cor Fluxsuite Software as a Service Agreement, Service User Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Lock Up Letter Agreement (Winnebago Industries Inc), Lock Up Letter Agreement (Winnebago Industries Inc), Letter Agreement (NewAge, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented by identified as an agreement in writing amendment to this Agreement and signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 3 contracts
Samples: Software License Agreement, Software Trial Agreement, Coder Enterprise Software Trial Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 3 contracts
Samples: Linkage Data Agreement, Linkage Data Agreement, Data License Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Sublicence and Saas Subscription Agreement, www.kerauno.io, www.kerauno.io
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by each party heretoParty. No waiver by any party either Part of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 3 contracts
Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Beta Testing Software License Agreement, Retailer Network Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Agreement (MYnd Analytics, Inc.), Software License Agreement (TOP Financial Group LTD)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Asset Purchase Agreement (AeroVironment Inc), Asset Purchase Agreement (RCM Technologies, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Services Agreement, Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement instrument in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Asset Purchase Agreement (CUI Global, Inc.), Transition Services Agreement (Orbital Energy Group, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Option Agreement and Joint Escrow Instructions (Prospect Global Resources Inc.), Transition Services Agreement (BK Technologies Corp)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Standstill Agreement (Otsego Shares, LLC), Standstill Agreement (Island Capital Group LLC)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Attachment 1, d7umqicpi7263.cloudfront.net
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Holders. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Contribution and Exchange Agreement (RHINO BIOTECH LTD), Contribution and Exchange Agreement (RHINO BIOTECH LTD)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Platform Agreement, Platform Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving Party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Valvoline Inc), Trademark Co Existence Agreement (Valvoline Inc)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Call Option Agreement (Empire Petroleum Corp), Call Option Agreement (Empire Petroleum Corp)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified identified as such, and signed physically or supplemented by an agreement in writing signed electronically by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed physically or electronically by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Applied UV, Inc.), Closing Covenant Agreement (SharpLink Gaming Ltd.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 2 contracts
Samples: Terms of Service, Gideon Software Terms and Conditions
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Partnership Interest Purchase Agreement (America First Multifamily Investors, L.P.), Management Services Agreement (Heritage Global Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 2 contracts
Samples: Master Subscription Agreement by And, 4 Agreement and Plan of Merger (Amerant Bancorp Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 21.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party heretothe Parties. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Shared Services Agreement (Hall of Fame Resort & Entertainment Co)
Amendment and Modification; Waiver. This Agreement and the schedules and exhibits attached hereto may only be amended, modified or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party a Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Transition Services Agreement (Fusion Connect, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Vet2pet Mobile Application Development and Licensing Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. Any Service Exhibit incorporated herein may be amended in accordance with Section 1.01(d) above. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company, Timios and the Buyer. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Amended and Restated Option Agreement (Ideanomics, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or o the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Master Services Agreement
Amendment and Modification; Waiver. This Except as set forth herein, no amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.. 15.9
Appears in 1 contract
Samples: Software and Services License Agreement (VV Markets LLC)
Amendment and Modification; Waiver. This No amendment to or modification of or rescission, termination or discharge of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Hosted Services Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any 2 right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Reorganized Publicco Services Agreement (Capstone Green Energy Holdings, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Membership Interest Assignment Agreement (Cardiff Lexington Corp)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Lease Agreement (Celadon Group Inc)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Share Purchase Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any either party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: License Agreement (Wewards, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by a formal written instrument (and not by an agreement in writing email or series of emails) signed by each party Party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Consulting Services Agreement (Mastech Digital, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of the provisions hereof shall be effective unless explicitly set forth in writing a similar or different character, and signed by the party so waivingwhether occurring before or after that waiver. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilegeprivilege hereunder.
Appears in 1 contract
Samples: Web Traffic Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented amended by an agreement instrument in writing signed by on behalf of each party of the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Northstar Realty Finance Corp.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofthereof unless expressly provided herein to the contrary; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Partner Beta Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofwaiver; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Trademark License Agreement
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Test Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: , and Distribution Agreement (ALKALINE WATER Co INC)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waivingwaving. Except as otherwise set forth in this Agreement, no (a) failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any and (b) single or partial exercise of any right, remedy, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Share Purchase Agreement (Orbital Infrastructure Group, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Master License and Services Agreement (usell.com, Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of or rescission, termination or discharge of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Service (Saas) Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Stock Purchase Agreement (Salona Global Medical Device Corp)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Holder. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Option Agreement (Axogen, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege..
Appears in 1 contract
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth outlined in writing and signed by the party so waiving. Except as otherwise set forth outlined in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: agencystack.global
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Escrow Agreement (Woodgrain, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Amended Settlement Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Amended Settlement Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Adequate Protection and Settlement Agreement (GT Advanced Technologies Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by a Representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Asset Purchase Agreement (Truli Technologies, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Terms of Service
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of exerciseof any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: docs.mstarcfd.com
Amendment and Modification; Waiver. This No amendment to this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Subscription Agreement
Amendment and Modification; Waiver. This Agreement agreement may only be amended, modified amended or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and a written instrument signed by the party so waivingagainst whom the amendment or supplement is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver is not enforceable by another party unless made by written instrument signed by the waiving party. Except as otherwise set forth in this Agreementagreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as agreement is a waiver thereof; nor shall any single or does a partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Agreement (GreenPlex Services, Inc.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 12.
Appears in 1 contract
Samples: 1 Agreement and Plan of Merger (Better Choice Co Inc.)
Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth stated in writing and signed by the party so waiving. Except as otherwise set forth stated in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Software License Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Samples: Stock Purchase Agreement (Salona Global Medical Device Corp)
Amendment and Modification; Waiver. This Subject to applicable Law, this Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party heretoof the Parties. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any , and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Biohaven Pharmaceutical Holding Co Ltd.)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed andsigned by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor thereof;nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any precludeany other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: A Service Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party of parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract
Samples: Termination and Transfer Agreement (MxEnergy Holdings Inc)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Appears in 1 contract