Common use of Amendment and Modification; Waiver Clause in Contracts

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. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Impac Mortgage Holdings Inc), Asset Purchase Agreement (Impac Mortgage Holdings Inc), Credit Party Representative Agreement (Apex Global Brands Inc.)

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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. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 4 contracts

Samples: Enterprise Services Agreement, Agreement for Professional Services, Enterprise Services Agreement

Amendment and Modification; Waiver. This Except as otherwise provided herein, this Agreement may only be amended, modified and supplemented and the application of any provision of this Agreement or supplemented by an agreement in writing signed by each party hereto. No waiver by any rights or obligations of any party of any hereunder may be waived (either retroactively or prospectively) only by written agreement of the provisions hereof parties hereto affected by such amendment, modification, supplement or waiver. Further, any waiver shall be effective unless explicitly set forth only in writing the specific instance and signed by for the party so waiving. No waiver by any party shall operate or be construed as a waiver specific purpose stated in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiverwriting.

Appears in 3 contracts

Samples: Registration Rights Agreement (Redneck Foods Inc), Convertible Preferred Stock Purchase Agreement (Redneck Foods Inc), Promotion Agreement (Redneck Foods 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. No waiver by Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any party rights, remedy, power or privilege arising from this Agreement 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 a similar or different character, and whether occurring before or after that waiverthereof.

Appears in 2 contracts

Samples: Service (Saas) Agreement, 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 Party of any of the provisions hereof shall be effective effective, unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 2 contracts

Samples: Equity Restructuring Agreement (PBF Energy Co LLC), Equity Restructuring Agreement (PBF Logistics LP)

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. No waiver by Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any party rights, remedy, power or privilege arising from this Agreement 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 a similar or different character, and whether occurring before or after that waiverthereof.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Impact Biomedical Inc.), Stock Purchase Agreement (Impact Biomedical 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. No The waiver by any party shall operate or be construed as Party of a waiver in respect breach of any failure, provision of this Agreement will not be deemed a continuing waiver or waiver of any subsequent breach or default not expressly identified by such written waiver, whether of a similar the same or different character, and whether occurring before or after that waiveranother provision of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Timberline Resources Corp), Purchase and Sale Agreement (Timberline Resources Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretothe parties. No Any waiver by any party of any of the provisions hereof shall relating to this Agreement must be effective unless explicitly expressly set forth in a writing and signed executed by the party so waiving. No to be charged with the waiver, and no waiver by any party shall will operate or be construed as a continuing or subsequent waiver unless expressly provided for in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiverthe writing.

Appears in 1 contract

Samples: Stock Purchase Agreement (Soleno Therapeutics Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or and supplemented only by an agreement in writing signed written instrument authorized and executed by each party heretoSeller and Purchaser. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed executed by the party so waiving. No The waiver by either party hereto of a breach of any party provisions of this Agreement shall not operate or be construed as a waiver in respect of any failure, breach other or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiversubsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horseshoe Gaming Holding Corp)

Amendment and Modification; Waiver. This No provision of this Agreement may only be waived, amended, supplemented or modified by either party, unless such waiver, amendment, supplement 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 modification is explicitly set forth in writing and signed executed by the authorized representative of the party so waivingagainst whom it is sought to enforce such waiver, amendment, supplement or modification. No The waiver by any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver in respect of any failure, breach other or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiversubsequent breach.

Appears in 1 contract

Samples: Bill of Sale and Assignment and Assumption Agreement (SRAX, Inc.)

Amendment and Modification; Waiver. β€Œ 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. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 1 contract

Samples: Asset Transfer Agreement

Amendment and Modification; Waiver. This No provision of this Agreement may only be waived, amended, modified modified, or supplemented except by an agreement in writing signed written instrument authorized and executed by each party heretoof the 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 executed by the party Party so waiving. No The waiver by a Party of a breach of any party provisions of this Agreement shall not operate or be construed as a waiver in respect of any failure, breach other or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiversubsequent breach.

Appears in 1 contract

Samples: Assumption Agreement (Emergent Capital, 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. 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 a similar or different character, and whether occurring before or after that waiver.,

Appears in 1 contract

Samples: Business Combination Agreement

Amendment and Modification; Waiver. This No provision of this Agreement may only be amended, amended or 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 agreed to in writing and signed by the party so waivingall Parties. No waiver by either Party of any party breach by the other Party of any condition or provision of this Agreement shall operate or be construed as deemed a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before dissimilar provisions or after that waiverconditions at the same or at any prior or subsequent time.

Appears in 1 contract

Samples: Employee Leasing Agreement (Parking REIT, Inc.)

Amendment and Modification; Waiver. This No waiver, amendment to or modification of 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 is effective unless explicitly set forth it is in writing and signed by the party so waivingan authorized representative of each party. No waiver by of any party shall operate violation or nonperformance of this Agreement in one instance will be construed as deemed to be a waiver in respect of any failure, breach subsequent violation or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waivernonperformance.

Appears in 1 contract

Samples: Managed Services Agreement

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Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing duly signed by each party heretoParty. No Except as otherwise expressly set forth in this Agreement, no waiver by any party Party of any of the provisions hereof EXECUTION VERSION of this Agreement shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 1 contract

Samples: Co Ownership Agreement (Dirtt Environmental Solutions 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 of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 1 contract

Samples: Limited Guaranty (Cuentas Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, supplemented or otherwise modified or supplemented only by an agreement in writing signed by a written instrument authorized and executed 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 executed by the party so waiving. No The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver in respect of any failure, breach other or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiversubsequent breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ply Gem 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 heretothe Parties. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly expressly set forth in writing and signed by the party so waiving. No waiving party, nor shall the waiver by any party shall operate or be construed as a waiver in respect of any failuresingle or partial exercise of any right, breach remedy, power, or default not expressly identified by such written waiverprivilege hereunder preclude any other or further exercise thereof or the exercise of any other right, whether of a similar remedy, power, or different character, and whether occurring before or after that waiverprivilege.

Appears in 1 contract

Samples: License 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. No waiver by failure to exercise, or delay in exercising, any party right, remedy, power or privilege arising from this Agreement 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 a similar or different character, and whether occurring before or after that waiverthereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (RMR Industrials, 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 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. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 1 contract

Samples: License and Services Agreement (Serve Robotics Inc. /DE/)

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 of this Agreement shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.

Appears in 1 contract

Samples: Purchase Agreement (Universal Logistics 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 heretothe parties. No waiver by any either party of any of the provisions hereof shall be effective unless explicitly expressly set forth in writing and signed by the party so waiving. No waiving party, nor shall the waiver by any party shall operate or be construed as a waiver in respect of any failuresingle or partial exercise of any right, breach remedy, power, or default not expressly identified by such written waiverprivilege hereunder preclude any other or further exercise thereof or the exercise of any other right, whether of a similar remedy, power, or different character, and whether occurring before or after that waiverprivilege.

Appears in 1 contract

Samples: License 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. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver.59

Appears in 1 contract

Samples: Stock Purchase Agreement (Nautilus, Inc.)

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