Common use of Amendment and Waivers Clause in Contracts

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, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 30 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

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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, only by a writing signed by the party to be boundParties. 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 succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 10 contracts

Samples: Executive Consulting Services Agreement (Reticulate Micro, Inc.), Executive Consulting Services Agreement (Reticulate Micro, Inc.), Executive Consulting Services Agreement (Brera Holdings PLC)

Amendment and Waivers. Any term or provision No provisions of this Agreement may be amended, and amended or waived without the observance prior written consent of any term of this Agreement may be waived, only by a writing signed by the party to be boundparties hereto. The waiver by either party to this Agreement of a party breach of any breach or default in performance provision of this Agreement shall not be deemed construed to constitute operate as a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be same or any other term or provision or as a waiver of any contemporaneous breach of any other term or provision or as a continuing waiver of the right of such party thereafter to enforce such provisionssame or any other term or provision.

Appears in 6 contracts

Samples: Executive Employment Agreement (Industrial Services of America Inc /Fl), Executive Employment Agreement – Jones (Industrial Services of America Inc /Fl), Executive Employment Agreement (Industrial Services of America 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, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be boundbound thereby. The waiver by a party Party of any breach hereof or default in performance hereunder shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions provision hereof shall not be construed to be as or constitute a waiver of the right of such party Party thereafter to enforce such provisionsprovision.

Appears in 6 contracts

Samples: Agreement for Licensed Software, Services, and Maintenance, Agreement for Licensed Software, Services, and Maintenance, Software Maintenance 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, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be boundbound thereby. The waiver by a party Party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions hereof provision shall not be construed to be as or constitute a waiver of the right of such party thereafter Party to subsequently enforce such provisionsprovision.

Appears in 2 contracts

Samples: Master Software Subscription and Services Agreement, all-net.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, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance performance, shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 2 contracts

Samples: Licensing Agreement, Licensing 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, only by a writing in written form signed by the party Party to be bound. The waiver by a party Party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party Party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Independent Contractor Agreement (Ivdesk Holdings, Inc.)

Amendment and Waivers. Any term or provision and all amendments and modifications of this Agreement may must be amended, in writing and signed by each of the observance of parties hereto. The compliance with any term of this Agreement may be waivedwaived (either generally or in a particular instance either retroactively or prospectively), only by a writing signed by the party to be boundwaiving compliance. The Any such waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other term, provision, condition, or any succeeding breach or defaultthereof, unless such waiver so expressly states. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Share Exchange Agreement (Xenacare 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, only by a writing written and signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Services Agreement

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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, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Contract Partner Agreement

Amendment and Waivers. Any term or provision of this Agreement may be amended, as provided herein and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or any succeeding breach or default. The failure of any party to delay or not enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Independent Contractor 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, amended or otherwise modified only by a writing signed by the each party to be boundhereto. The waiver by a party of any breach hereof or default in performance hereunder shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions provision hereof shall not be construed to be as or constitute a waiver of the right of such party thereafter to enforce such provisionsprovision.

Appears in 1 contract

Samples: Consulting Agreement (Integral Technologies Inc)

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, only by a in writing and signed by the party to be boundbound thereby. The waiver by a either party of a breach of or a default under any breach or default in performance provision of this Agreement by the other party shall not be deemed to constitute construed as a waiver of any subsequent breach of the same or any other provisions of this Agreement, nor shall any delay or succeeding breach omission on the part of either party to exercise or default. The failure avail itself of any party to enforce any of the provisions hereof shall not be construed to be right or remedy that it has or may have hereunder operate as a waiver of the any right of or remedy by such party thereafter to enforce such provisionsparty.

Appears in 1 contract

Samples: Joint Development Agreement (Active Software 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, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be boundbound thereby. The waiver by a party of any breach hereof or default in the performance shall hereof will not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Registration Rights Agreement (Oni Systems Corp)

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