Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 56 contracts

Samples: Change in Control Agreement Between Quanex Corporation And (Quanex Corp), Change of Control Agreement (Eog Resources Inc), Change of Control Agreement (Eog Resources Inc)

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Amendment and Waiver. No This Agreement may not be amended, supplemented or waived except by a writing signed by the party against which such amendment or waiver is to be enforced. The waiver by any party of a breach of any provision of this Agreement may shall not operate to, or be amended or waived (whether by act or course construed as a waiver of, any other breach of conduct or omission or otherwise) unless that amendment or provision nor as a waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breachanother provision.

Appears in 48 contracts

Samples: Employment Agreement (Ecotality, Inc.), Employment Agreement (Premier Energy Corp.), Employment Agreement (Alchemy Enterprises, Ltd.)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that such amendment or waiver is by written instrument in writing and signed by each of the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 31 contracts

Samples: Employment Agreement (e.l.f. Beauty, Inc.), Employment Agreement (Lulu's Fashion Lounge Holdings, Inc.), Amended And (e.l.f. Beauty, Inc.)

Amendment and Waiver. No provision of this This Agreement may not be modified or amended or waived (whether except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument a writing signed by the parties heretoparties. No Any waiver by either party or breach of any breach of the terms of this Agreement shall be deemed not operate as a waiver of any other breach of such terms or subsequent breachconditions, or any other terms or conditions, nor shall any failure to enforce any provisions hereof operate as a waiver of such provision or any other provision hereof.

Appears in 24 contracts

Samples: Employment Agreement (Houston Exploration Co), Employment Agreement (Houston Exploration Co), Employment Agreement (Houston Exploration Co)

Amendment and Waiver. No provision of this Agreement may be amended modified, waived or waived (whether by act discharged unless such waiver, modification or course of conduct or omission or otherwise) unless that amendment or waiver discharge is by written instrument agreed to in a writing signed by the parties Parties hereto. No waiver by either party of Party of, or in compliance with, any breach condition or provision of this Agreement to be performed by the other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other prior or subsequent breachtime.

Appears in 22 contracts

Samples: Change in Control Agreement (Encana Corp), Change in Control Agreement (Ovintiv Inc.), Change in Control Agreement (Ovintiv Inc.)

Amendment and Waiver. No provision of this This Agreement may not be modified, amended or waived (whether in any manner except by act or course of conduct or omission or otherwise) unless that amendment or waiver is a written document executed by written instrument signed by the parties heretoEmployer and Employee. No The waiver by either party of compliance with any breach provision of this Agreement by the other party shall not operate or be deemed construed as a waiver of any other provision of this Agreement (whether or not similar), or a continuing waiver or a waiver of any subsequent breachbreach by such party of a provision of this Agreement.

Appears in 17 contracts

Samples: Employment Agreement (KAR Auction Services, Inc.), Employment Agreement (KAR Auction Services, Inc.), Employment Agreement (KAR Auction Services, Inc.)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) modified, unless that such amendment or waiver modification is by written instrument in writing and signed by the parties heretoCompany and by Employee. No waiver by either party hereto of any breach by the other party hereto of any condition or any provisions of this Agreement to be performed by such other party shall be deemed a waiver of a subsequent breach of such condition or provision or waiver of a similar or dissimilar condition or provision at the same time or any other or subsequent breachtime.

Appears in 13 contracts

Samples: Employment Agreement (Mobivity Holdings Corp.), Employment Agreement (Mobivity Holdings Corp.), Employment Agreement (Mobivity Holdings Corp.)

Amendment and Waiver. No Except as otherwise expressly provided herein, any provision of this Agreement may be amended or waived (whether by act or course only with the written consent of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties heretoparties. No waiver by either party of any breach term or provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by the party making such waiver. Any waiver of a particular breach of this Agreement shall not constitute a waiver of any other or subsequent breach, nor shall any waiver be deemed a continuing waiver unless it so states expressly.

Appears in 11 contracts

Samples: Exclusive Manufacturing (Cirtran Corp), Service Agreement (PowerMedChairs), Marketing and Distribution Agreement (Cirtran Corp)

Amendment and Waiver. No term or provision of this Agreement may be amended altered, amended, changed, waived, terminated or waived (whether by act modified in any respect or course of conduct or omission or otherwise) unless that amendment or waiver is particular except by written instrument signed by or on behalf of the parties heretoparty to be charged with such alteration, amendment, change, termination or modification. No waiver by either any party of any breach of under this Agreement shall will be deemed a waiver of any other or any subsequent breach.

Appears in 8 contracts

Samples: License Agreement (USA Synthetic Fuel Corp), License Agreement (Global Energy, Inc.), License Agreement (USA Synthetic Fuel Corp)

Amendment and Waiver. No This Agreement may not be amended orally. The waiver by any party hereto of a breach of any provision of this Agreement may shall not operate or be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed construed as a waiver of any other or subsequent breach.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Monster Worldwide Inc), Stock Purchase Agreement (Monster Worldwide Inc), Agreement and Plan of Merger (TMP Worldwide Inc)

Amendment and Waiver. No This Agreement may be amended, and any provision of this Agreement may be amended waived, provided that any such amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver will be binding on each party only if such amendment or waiver is set forth in a writing executed by written instrument signed by the parties heretosuch parties. No waiver by either party Waiver of any a breach of this the Agreement shall be deemed not constitute a waiver of any other subsequent breach of the Agreement. The waiver of any provision of this Agreement shall not constitute a continuing waiver of that provision or subsequent breacha waiver of any other provision of this Agreement.

Appears in 7 contracts

Samples: Supply Agreement (SyntheMed, Inc.), Development, Manufacturing and Supply Agreement (Orthovita Inc), Manufacturing and Licensing Agreement (Spectranetics Corp)

Amendment and Waiver. No This Agreement may not be amended, supplemented or waived except by a writing signed by the party against which amendment or waiver is to be enforced. The waiver by any party of a breach of any provision of this Agreement may shall not operate to, or be amended or waived (whether by act or course construed as a waiver of, any breach of conduct or omission or otherwise) unless that amendment or provision nor as a waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breachanother provision.

Appears in 7 contracts

Samples: Agreement (Ocean Power Corp), Agreement (Ocean Power Corp), Employment Agreement (Ocean Power Corp)

Amendment and Waiver. No provision of this Agreement may be amended modified, waived or waived (whether by act discharged unless such waiver, modification or course of conduct or omission or otherwise) unless that amendment or waiver discharge is by written instrument signed by the parties heretoagreed to in writing. No waiver by either party of Party hereto of, or in compliance with, any breach condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any other prior or subsequent breachtime.

Appears in 7 contracts

Samples: Change in Control Agreement (Encana Corp), Change in Control Agreement (Encana Corp), Change in Control Agreement (Encana Corp)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that such amendment or waiver is by written instrument in writing and signed by each of the parties hereto. No waiver by either party Any such amendment shall comply with the requirements of any breach of this Agreement shall be deemed a waiver of any other or subsequent breachSection 409Aof the Code, if applicable.

Appears in 7 contracts

Samples: Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.), Executive Employment Agreement (TSS, Inc.)

Amendment and Waiver. No This Agreement may not be amended, supplemented or waived except in writing signed by the party against which such amendment or waiver is to be enforced. The waiver by any party of a breach of any provision of this Agreement may shall not operate to, or be amended or waived (whether by act or course construed as a waiver of, any other breach of conduct or omission or otherwise) unless that amendment or provision nor as a waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breachanother provision.

Appears in 6 contracts

Samples: Employment Agreement (Thinweb Com Corp), Employment Agreement (Thinweb Com Corp), Employment Agreement (Thinweb Com Corp)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended waived, provided that any such amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver will be binding on a party hereto only if such amendment or waiver is set forth in a writing executed by written instrument signed by the parties heretosuch party. No The waiver by either any party hereto of a breach of any breach provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach.

Appears in 6 contracts

Samples: Asset Contribution and Exchange Agreement (Novamed Inc), Asset Contribution and Exchange Agreement (Novamed Inc), Asset Purchase Agreement (Fti Consulting Inc)

Amendment and Waiver. No provision of this This Agreement may not be changed or amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument except in writing signed by the parties heretoparties. No The waiver by either any party of any breach of any provision of this Agreement shall not be deemed construed as a waiver of any subsequent breach of such provision or the breach of any other or subsequent breachprovision contained in this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (Cornerworld Corp), Employment Agreement (Cornerworld Corp), Employment Agreement (Cornerworld Corp)

Amendment and Waiver. No provision of this This Agreement may be amended or waived (whether -------------------- only by act or course of conduct or omission or otherwise) unless that amendment or waiver is by a written instrument signed by the parties heretoboth parties. No waiver by either party of any breach of this Agreement shall be deemed considered a waiver of any other or subsequent breach.

Appears in 5 contracts

Samples: Change in Control Agreement (WSMP Inc), Change in Control Agreement (WSMP Inc), Change in Control Agreement (WSMP Inc)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless waived, provided that such amendment or waiver is by written instrument will be signed by all the parties heretoParties. No The waiver by either party of any Party of a breach of any provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Helix Wind, Corp.), Asset Purchase Agreement (Global Diversified Marketing Group Inc.), Asset Purchase Agreement (Blue Star Foods Corp.)

Amendment and Waiver. No provision of this Agreement may be modified, waived, terminated or amended or waived (whether except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by a written instrument signed executed by the parties heretoparties. No waiver by either party of a material breach of any breach provision of this Agreement shall be deemed constitute a waiver of any subsequent breach of the same or other or subsequent breachprovisions hereof.

Appears in 5 contracts

Samples: Agreement for Consulting Services, Agreement for Consulting Services, Agreement for Consulting Services

Amendment and Waiver. No provision of this This Agreement may be amended or waived (whether only by act or course of conduct or omission or otherwise) unless that amendment or waiver is by a written instrument signed by the parties heretoboth parties. No waiver by either party of any breach of this Agreement shall be deemed considered a waiver of any other or subsequent breach.

Appears in 5 contracts

Samples: Change in Control Agreement (Fresh Foods Inc), Change in Control Agreement (Fresh Foods Sales LLC), Change in Control Agreement (Fresh Foods Inc)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 4 contracts

Samples: Change in Control Agreement (Daniel Industries Inc), Change in Control Agreement (Daniel Industries Inc), Change in Control Agreement (Daniel Industries Inc)

Amendment and Waiver. No provision of this This Agreement (including the Exhibits hereto) may not be amended or waived (whether modified except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument a writing signed by the parties heretoan authorized signatory of each Party. No waiver by either party of any Party or any breach of this Agreement or default hereunder shall be deemed to be a waiver of any other preceding or subsequent breachbreach or default.

Appears in 4 contracts

Samples: Patent License Agreement (Affinion Loyalty Group, Inc.), Master License Agreement (Orbitz Worldwide, Inc.), Master License Agreement (Orbitz Worldwide, Inc.)

Amendment and Waiver. No Any provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument only in a writing signed by each of the parties heretoSignatories and Visteon. No waiver by either party of any provision hereunder or any breach of this Agreement or default thereof shall be deemed a waiver of extend to or affect in any way any other provision or prior or subsequent breachbreach or default.

Appears in 4 contracts

Samples: Cash Recovery Backstop Agreement, Cash Recovery Backstop Agreement (Ubs Ag), Cash Recovery Backstop Agreement (Citadel Securities LLC)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment to, or waiver is by written instrument signed by the parties hereto. No waiver by either party of of, any breach provision of this Agreement shall be deemed effective unless in writing and signed by all Parties hereto. The waiver by any party of any breach or default shall not constitute a waiver of any other different or subsequent breachbreach or default.

Appears in 4 contracts

Samples: Ipo Equity Offer Agreement (Mp3 Com Inc), Ipo Equity Offer Agreement (Mp3 Com Inc), Promotion and Marketing Agreement (Mp3 Com Inc)

Amendment and Waiver. No provision of this This Agreement may not be modified or amended or waived (whether except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument a writing signed by the parties hereto. No Any waiver by either party or breach of any breach of the terms of this Agreement shall be deemed not operate as a waiver of any other breach of such terms or subsequent breachconditions, or any other terms or conditions, nor shall any failure to enforce any provisions hereof operate as a waiver of such provision or any other provision hereof.

Appears in 4 contracts

Samples: Employment Agreement (Alliant Techsystems Inc), Employment Agreement (Alliant Techsystems Inc), Employment Agreement (Alliant Techsystems Inc)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended waived, provided that any such amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver will be binding on a party hereto only if such amendment or waiver is by written instrument signed set forth in a writing executed by the parties hereto. No The waiver by either any such party hereto of a breach of any breach provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Agreement and Plan of Share Exchange (Recycling Industries Inc), Pledge Agreement (Safe Transportation Systems Inc), Pledge Agreement (Pick Ups Plus Inc)

Amendment and Waiver. No provision of or right under this Agreement may shall be amended or deemed to have been waived (whether by any act or course acquiescence on the part of conduct any party, its agents or omission or otherwise) unless that amendment or waiver is employees, but only by written an instrument in writing signed by the parties heretoan authorized officer of such party. No waiver by either party of any breach of this Agreement by any other party shall be deemed a waiver of effective as to any other breach, whether of the same or subsequent breachany other term or condition and whether occurring before or after the date of such waiver.

Appears in 3 contracts

Samples: License Agreement (Phenomix CORP), License Agreement (Phenomix CORP), License Agreement (Boston Scientific Corp)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that such amendment or waiver is by in writing, with such written instrument document explicitly referencing this Agreement, and signed by each of the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Employment Agreement (McAfee Corp.), Employment Agreement (McAfee Corp.), Personal & Confidential (McAfee Corp.)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended waived, provided that any such amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver will be binding only if such amendment or waiver is by written instrument signed set forth in a writing executed by the parties heretoparty to be charged. No The waiver by either party of any party hereto of a breach of any provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach. Any waiver shall be effective only if in writing and then only in accordance with its express terms.

Appears in 3 contracts

Samples: Asset Purchase Agreement (American Environmental Energy, Inc.), Asset Purchase Agreement (Force Fuels Inc.), Interest Purchase Agreement (Secured Diversified Investment LTD)

Amendment and Waiver. No provision of this Agreement may be amended amended, modified or waived (whether by act or course of conduct or omission or otherwise) unless that amendment amendment, modification or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 3 contracts

Samples: Long Term Incentive Plan Award Agreement (Teppco Partners Lp), Share Incentive Plan Deferred Share Unit Award and Deferral Agreement (Veritas DGC Inc), Phantom Unit Plan Award Agreement (Teppco Partners Lp)

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Amendment and Waiver. No This Agreement and any terms, covenants or conditions hereunder may only be amended or waived by a written instrument specifically referring to this Agreement executed by each of the Parties. A waiver of any provision of this Agreement may be amended or waived (whether by act or course shall in no manner affect the waiving Party’s right to enforce any provisions of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by this Agreement at a subsequent time, and the parties hereto. No waiver by either party any Party of any right arising out of any breach of this Agreement by the other Party shall not be deemed construed as a waiver of any other or right arising out of any subsequent breach.

Appears in 2 contracts

Samples: Consulting Agreement (BJs RESTAURANTS INC), Consulting Agreement (BJs RESTAURANTS INC)

Amendment and Waiver. This Agreement may only be changed by a document in writing signed by both Parties. No waiver of any provision of this Agreement may be amended or waived (whether by act or course Agreement, including waiver of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any a breach of this Agreement Agreement, shall be deemed constitute a waiver of any other provision or subsequent breachbreach of this Agreement unless expressly provided otherwise. No waiver shall be binding unless executed in writing.

Appears in 2 contracts

Samples: Armagh Pos Solutions Master Services Agreement, Armagh Pos Solutions Master Services Agreement

Amendment and Waiver. No This Agreement may be amended or any provision of this Agreement may be amended waived; provided that any amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver shall be binding only if such amendment or waiver is by written instrument signed set forth in a writing executed by the parties heretoparty against whom enforcement is sought. No waiver by either party course of dealing between or among any breach of Persons having any interest in this Agreement shall be deemed a waiver effective to modify, amend or discharge any part of this Agreement or any rights or obligations of any other person under or subsequent breachby reason of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Boise Cascade Holdings, L.L.C.), Purchase and Sale Agreement (Aldabra 2 Acquisition Corp.)

Amendment and Waiver. No provision of this Agreement may be amended or waived unless (whether by act or course of conduct or omission or otherwisei) unless that such amendment or waiver is by written instrument in writing and signed by each of the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Executive Employment Agreement (Ephone Telecom Inc), Executive Employment Agreement (Ephone Telecom Inc)

Amendment and Waiver. No provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waived, amended, or modified by any party unless such waiver, amendment, or modification shall be in writing and signed by the party against the waiver of any other or subsequent breachmodification is sought to be enforced.

Appears in 1 contract

Samples: Confidential Interference Settlement Agreement (Ligand Pharmaceuticals Inc)

Amendment and Waiver. No provision of this This Agreement may not be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument except in a writing signed by the parties heretoboth parties. No waiver by either party of any provision or breach of this Agreement shall be deemed a waiver of any other provision or subsequent any later breach., and no waiver shall in any event be valid unless contained in a writing signed by the waiving party. [REMAINDER OF PAGE INTENTIONALLY BLANK]

Appears in 1 contract

Samples: Nondisclosure Agreement (Inter Act Systems Inc)

Amendment and Waiver. No provision of this Agreement may be ----------- --------------------- amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: 2 Agreement (Lifecell Corp)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that only if such amendment or waiver is set forth in a writing executed by written instrument signed by the all parties hereto. No waiver Waiver by either any party of a breach of any breach provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach.breach of this Agreement

Appears in 1 contract

Samples: Stock Purchase Agreement (Tuorto William L)

Amendment and Waiver. No provision of this This Agreement may not be amended amended, modified, waived or waived (whether by act discharged unless the waiver, modification, or course of conduct or omission or otherwise) unless that amendment or waiver discharge is by written instrument signed agreed to in writing by the parties heretoparties. No waiver by either party at any time of any breach or non-performance of this Agreement by the other party shall be deemed a waiver of any other prior or subsequent breachbreach or non-performance.

Appears in 1 contract

Samples: Chairman’s Agreement (United Bancorp Inc /Mi/)

Amendment and Waiver. No This Agreement may be amended, or any provision of this Agreement may be amended waived, provided that any such amendment or waived (whether by act or course of conduct or omission or otherwise) unless that waiver will be binding on the parties only if such amendment or waiver is set forth in a writing executed by written instrument signed by the parties heretoboth parties. No The waiver by either any party hereto of a breach of any breach provision of this Agreement shall not operate or be deemed construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (NationsHealth, Inc.)

Amendment and Waiver. No term, provision or condition of this Agreement may be modified or amended unless such modification or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed agreed to in writing by the parties heretoCompany and Consultant. No A waiver by either party the Company or Consultant of a breach of any breach provision of this Agreement by the other party shall not operate or be deemed construed as a waiver of any subsequent breach by the other or subsequent breachparty.

Appears in 1 contract

Samples: Consulting Agreement (Par Petroleum Corp/Co)

Amendment and Waiver. No provision The provisions of this Agreement may be waived, altered, amended or waived (whether by act repealed in whole or course in part only upon the written agreement of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the all parties hereto. No waiver by either party Waiver of any breach provision of this Agreement shall not be deemed or constitute a waiver of any other or subsequent breachprovision, nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Restricted Stock Option Agreement (Truevision International Inc)

Amendment and Waiver. No term or provision of this Agreement may be amended waived, changed, discharged, modified, or waived (whether terminated orally or in any manner other than by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written an instrument in writing signed by the parties heretohereto or by a writing signed by the party against whom the change, discharge, modification or termination applies. No waiver by either party at any time of any breach of any provision of this Purchase Agreement shall be deemed a waiver or a breach of any other provision herein or a consent to any subsequent breachbreach of the same or any other provision.

Appears in 1 contract

Samples: Purchase Agreement (APT Motovox Group, Inc.)

Amendment and Waiver. No provision of this This Agreement may not be amended or waived (whether and no provision hereof may be waived, except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written an instrument in writing signed by all the parties heretoparties. No waiver by either party of any breach of this Agreement shall be deemed a Any waiver of any other matter in a particular instance shall not effect a general waiver of that or subsequent breach.any matter

Appears in 1 contract

Samples: Non Competition Agreement (Pro Dex Inc)

Amendment and Waiver. No Any provision of this Agreement may be amended or waived (whether only by act or course a writing signed by the party against which enforcement of conduct or omission or otherwise) unless that the amendment or waiver is by written instrument signed by the parties heretosought. No Any waiver by either party of any breach term or condition of this Agreement or any breach hereof shall be deemed not operate as a waiver of any other such term, condition or subsequent breach, and no failure to enforce any provision hereof shall operate as a waiver of such provision or of any other provision hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cray Inc)

Amendment and Waiver. No This Agreement may not be amended, supplemented or waived except by a writing signed by the party against whom such amendment or waiver is to be enforced. The waiver by any party of a breach of any provision of this Agreement may shall not operate or be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed construed as a waiver of any other breach of that provision or subsequent breachas a waiver of any breach of any other provision.

Appears in 1 contract

Samples: Employment Agreement (LSB Corp)

Amendment and Waiver. No provision of this Agreement may be amended amended, modified or waived (whether except by act or course of conduct or omission or otherwise) unless that amendment or waiver is by a written instrument signed by the parties heretoto this Agreement. No Unless provided otherwise in a waiver, no such waiver by either party shall constitute an ongoing or future waiver of any breach other provision of this Agreement shall be deemed a waiver of any other or subsequent breachAgreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Liberated Solutions, Inc.)

Amendment and Waiver. No term or provision of this Agreement may -------------------- be amended altered, amended, changed, waived, terminated or waived (whether by act modified in any respect or course of conduct or omission or otherwise) unless that amendment or waiver is particular except by written instrument signed by or on behalf of the parties heretoparty to be charged therewith. No waiver by either any party of any breach of this Agreement hereunder shall be deemed a waiver of any other or any subsequent breach.

Appears in 1 contract

Samples: Real Estate Sale and Leaseback Agreement (Wickes Inc)

Amendment and Waiver. No This Agreement may be amended only by a writing signed by all parties hereto. The waiver, by either party, of a breach of any provision of this Agreement may be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall not be deemed to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Independent Contractor Agreement (Newbridge Bancorp)

Amendment and Waiver. No This Agreement may not be amended, supplemented or waived except by a writing signed by the party against which such amendment or waiver is to be enforced. The waiver by any party of a breach of any provision of this Agreement may shall not operate to, or be amended or waived (whether by act or course of conduct or omission or otherwise) unless that amendment or waiver is by written instrument signed by the parties hereto. No waiver by either party of any breach of this Agreement shall be deemed construed as a waiver of any other or subsequent breachbreach of that provision nor as a waiver of any breach of another provision.

Appears in 1 contract

Samples: Key Employees Employment Agreement (Rako Capital Corp)

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