Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 64 contracts
Samples: Noncompetition and Nonsolicitation Agreement (Ocz Technology Group Inc), Agreement and Plan of Reorganization (Zhone Technologies Inc), Asset Purchase Agreement (Insightful Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 15 contracts
Samples: Acquisition Agreement (Adc Telecommunications Inc), Agreement and Plan of Merger (Neuro-Hitech, Inc.), Stock Purchase Agreement (Heartland Oil & Gas Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 9 contracts
Samples: Lock Up Agreement (SolarWindow Technologies, Inc.), Lock Up Agreement (New Energy Technologies, Inc.), Lock Up Agreement (SolarWindow Technologies, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 9 contracts
Samples: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party parties to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 8 contracts
Samples: Market Stand Off Agreement (Access Beyond Inc), Employment Agreement (Access Beyond Inc), Market Stand Off Agreement (Access Beyond Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 7 contracts
Samples: Merger Agreement and Plan of Reorganization (Omnitek Engineering Corp), Plan and Agreement of Reorganization (Nhancement Technologies Inc), Plan and Agreement of Reorganization (Nhancement Technologies Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Symantec Corp), Securities Purchase Agreement (Trinity Cos Inc), Securities Purchase Agreement (Trinity Learning Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the each party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Advanced Semiconductor Engineering Inc), Asset Purchase Agreement (Ase Test LTD), Agreement and Plan of Merger (Evolving Systems Inc)
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc), Agreement and Plan of Reorganization (Netsource Communications Inc), Agreement and Plan of Reorganization (Netsource Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Samples: Employment Agreement (Details Inc), Employment Agreement (Details Inc), Employment Agreement (Ddi Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyall parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Oneida LTD), Escrow Agreement (Oneida LTD), Escrow Agreement (Oneida LTD)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Carreker Antinori Inc), Agreement and Plan of Merger (Edge Technology Group Inc), Asset Purchase Agreement (Internet Golf Association Inc)
Amendment and Waivers. Any term or provision of this Agreement may ----------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Tmi Holdings Inc/Fl), Stock Purchase Agreement (Sessions William Michael), Securities Assignment and Cancellation Agreement (Tmi Holdings Inc/Fl)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party or parties to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Samples: Loan Purchase Agreement and Transfer (Davel Communications Inc), Loan Purchase Agreement and Transfer and Assignment of Shares (Mobilepro Corp), Agreement (Davel Communications Inc)
Amendment and Waivers. Any term or provision of this --------------------- Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Netsource Communications Inc), 4 Agreement and Plan of Reorganization (Netsource Communications Inc), Agreement and Plan of Reorganization (Aspect Development Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Samples: Development and License Agreement (Smartdisk Corp), Cooperative Development Agreement (Smartdisk Corp), Cooperative Development Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the Shareholder.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Harrison Richard T), Agreement and Plan of Reorganization (Venture Catalyst Inc), Agreement and Plan of Reorganization (Inland Entertainment Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by duly authorized officers of the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Samples: Merger Agreement (Ims Health Inc), Merger Agreement (Trizetto Group Inc), Exhibit C Stockholder Agreement (Ims Health Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by an instrument in writing signed on behalf of each of the parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: Indemnification Escrow Agreement (North American Scientific Inc), Indemnification Escrow Agreement (Friede John A)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: License and Distribution Agreement (Smartdisk Corp), Distribution Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: Agreement of Merger and Plan of Reorganization (Island Pacific Inc), Agreement of Merger and Plan (Svi Holdings Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: Stock Purchase Agreement (MTC Technologies Inc), Stock Purchase Agreement (Anza Capital Inc)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Saunders & Parker Inc), Stock Purchase Agreement (Parker Terry S)
Amendment and Waivers. Any term or provision of this Agreement may be amended, amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party or Parties to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Humbl, Inc.), Pledge and Security Agreement (Tenet Information Services Inc)
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by the written consent of each of the parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing written waiver signed by the duly authorized representative of the party to be bound therebyby such waiver. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Non Disclosure Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebySeller and the holders of at least a majority of the outstanding Preferred Stock. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Vasco Data Security International Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the ESI shareholders.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Macromedia Inc)
Amendment and Waivers. Any term or provision of this Agreement may be ----------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing writing: signed by the party to be bound thereby. The waiver by a party of any breach hereof for for default in payment of any amount due hereunder or default in the performance hereof shall not nor be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this --------------------- Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder this Agreement or default in the performance hereof shall of this Agreement will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of Seller's stockholders.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyJaymark and INTERCELL. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) prospectively ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Boatracs Inc /Ca/)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyall parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may not be amended or supplemented by any party hereto except pursuant to a written amendment executed by all parties.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach Breach or default.
Appears in 1 contract
Samples: Agreement of Merger and Plan of Reorganization (Boatracs Inc /Ca/)
Amendment and Waivers. Any term or provision of this --------------------- Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyall parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may not be amended or supplemented by any party hereto except pursuant to a written amendment executed by all parties.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be ----------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Netsource Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by all Parties hereto in the party to be bound therebycase of an amendment or the Party waiving compliance in the case of a waiver. The waiver by a party any Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default, unless such waiver so expressly states.
Appears in 1 contract
Samples: Purchase Agreement (HCC Insurance Holdings Inc/De/)
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Edge Technology Group Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyboth parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or default. The failure of a party to enforce any succeeding breach or defaultprovision hereof shall not constitute a waiver of the right of such party thereafter to enforce such provision.
Appears in 1 contract
Samples: Employment Agreement (Nfront Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Employment Agreement (Details Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the each party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of Company Shareholders.
Appears in 1 contract
Samples: Escrow Agreement (Silicon Image Inc)
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Verisign Inc/Ca)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.. 13.10
Appears in 1 contract
Samples: Annex A1 Agreement and Plan of Merger (Motorola Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by Acquiror, Stockholders’ Agent and the party to be bound therebyEscrow Agent. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Adventrx Pharmaceuticals Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by the written consent of each of the Parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound therebyby such waiver. The waiver by a party Party of any one breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Non Disclosure
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.. 5.6
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.of
Appears in 1 contract
Samples: Asset Purchase Agreement (Cidco Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebySeller, the holders of at least a majority of the outstanding Purchased Shares. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by the written consent of each of the parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyby such waiver. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Non Disclosure Agreement (Premisys Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. 10.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Asset Purchase Agreement (Covista Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Edge Technology Group Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Brainworks Ventures Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebySeller, and the holders of at least a majority of the outstanding Preferred Stock. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Spectrum Pharmaceuticals Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach Breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebythereby (except as otherwise provided herein). The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Exchange Agreement (Intuit Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other breach or default or any succeeding breach or default.
Appears in 1 contract
Samples: Asset Purchase Agreement (Utah Medical Products Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyCompany and the Subscriber. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Samples: Subscription Agreement (Fashionista Distributor Holdings Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
