Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.
Appears in 17 contracts
Sources: Registration Rights Agreement (Leonardo DRS, Inc.), Registration Rights Agreement (Rada Electronic Industries LTD), Registration Rights Agreement (Enact Holdings, Inc.)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term or condition. Each amendment, modification, supplement or waiver shall be in writing signed by such party, but such waiver the party or failure the parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 17 contracts
Sources: Simultaneous Property Swap Agreement, Asset Purchase Agreement (Journal Communications Inc), Merger Agreement (Migo Software, Inc.)
Amendment, Modification and Waiver. This Agreement Any Party hereto may be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party to comply with waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other partyany Party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision condition. Each amendment, modification, supplement or waiver shall not operate as a waiver of, be in writing and signed by the Party or estoppel with respect to, any subsequent or other failure Parties to complybe charged.
Appears in 14 contracts
Sources: Share Purchase and Merger Agreement (Infrared Systems International), Merger Agreement (Seaway Valley Capital Corp), Merger Agreement (Seaway Valley Capital Corp)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of the partiesParent, Buyer and Seller. Any failure of any party to comply with Party may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided that no waiver by the other partyany Party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complycondition.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Waitr Holdings Inc.), Asset Purchase Agreement (Waitr Holdings Inc.), Asset Purchase Agreement (Waitr Holdings Inc.)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term or condition. Each amendment, modification, supplement or waiver shall be in writing signed by such party, but such waiver the party or failure the parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 2 contracts
Sources: Guaranty Agreement (American Leisure Holdings, Inc.), Guaranty Agreement (American Leisure Holdings, Inc.)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complycondition.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Green Plains Inc.), Asset Purchase Agreement (Green Plains Inc.)
Amendment, Modification and Waiver. This Agreement may not be modified, amended, modified or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term or condition. Each amendment, modification, supplement, or waiver shall be in writing signed by such party, but such waiver the party or failure the parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Arts Way Manufacturing Co Inc), Asset Purchase Agreement (Arts Way Manufacturing Co Inc)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any Either party to comply with may waive in writing any term or provision condition contained herein and intended to be for its benefit; provided, however, that no waiver shall be deemed or construed as a future or continuing waiver of this Agreement may any term or condition. Each amendment, modification, supplement or waiver shall be waived in writing and signed by the other party, by an instrument in writing signed by such party, but such waiver or failure party to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 2 contracts
Sources: Purchase Agreement (Edac Technologies Corp), Purchase Agreement (Edac Technologies Corp)
Amendment, Modification and Waiver. This Agreement may only be amended, amended or modified in writing signed by the Party against whom enforcement of such amendment or supplemented at any time by written agreement modification is sought. Any of the parties. Any failure of any party to comply with any term terms or provision conditions of this Agreement may be waived at any time by the other partyParty or Parties entitled to the benefit thereof, but only by an instrument in a writing signed by the Party or Parties waiving such party, but such waiver terms or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyconditions.
Appears in 1 contract
Sources: Bank Purchase and Assumption Agreement (Center Bancorp Inc)
Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by such partyeach of the parties hereto, but such except that any party to this Agreement may waive any obligation owed to that party by another party under this Agreement, provided the waiver or failure to insist upon strict compliance with such term or provision shall is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement will not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.
Appears in 1 contract
Sources: Contributor Agreement
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any party to comply with any term amendment, modification, supplement or provision of this Agreement may waiver shall be waived by the other party, by an instrument in writing signed by such party, but such waiver the party or failure the parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement may only be amended, amended or modified in writing signed by the party against whom enforcement of such amendment or supplemented at any time by written agreement modification is sought. Any of the parties. Any failure of any party to comply with any term terms or provision conditions of this Agreement may be waived at any time by the other partyparty or parties entitled to the benefit thereof, but only by an instrument in a writing signed by the party or parties waiving such party, but such waiver terms or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyconditions.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by the written agreement of the partiesPurchaser and Sellers. Any failure of any party to comply with hereto may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision condition. Each amendment, modification, supplement or waiver shall not operate as a waiver of, be in writing and signed by the party or estoppel with respect to, any subsequent or other failure parties to complybe charged.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by the written agreement of the partiesSubsidiary and Company. Any failure of any party to comply with hereto may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision condition. Each amendment, modification, supplement or waiver shall not operate as a waiver of, be in writing and signed by the party or estoppel with respect to, any subsequent or other failure parties to complybe charged.
Appears in 1 contract
Sources: Assignment and Assumption Agreement (Ultradata Systems Inc)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complycondition.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesparties hereto. Any failure of any party to comply with may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term or condition. Each amendment, modification, supplement or waiver shall be in writing signed by such party, but such waiver the party or failure the parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged. [Signatures on next page.]
Appears in 1 contract
Amendment, Modification and Waiver. This Option Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesParties. Any failure of any party to comply with Party may waive in writing any term or provision condition contained in this Option Agreement and intended to be for its benefit; provided, however, that no waiver by any Party, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of this Agreement may any such term or condition, unless otherwise specified herein. Each amendment, modification, supplement or waiver shall be waived by the other party, by an instrument in writing signed by such party, but such waiver the Party or failure the Parties to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complybe charged.
Appears in 1 contract
Sources: Option to Purchase Agreement
Amendment, Modification and Waiver. This Agreement may not be ----------------------------------- amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by each of the parties hereto, except that any party to this Agreement may waive any obligation owed to such partyparty by another party under this Agreement, but provided such waiver or failure to insist upon strict compliance with such term or provision is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.
Appears in 1 contract
Sources: Joint Venture Agreement (Interplay Entertainment Corp)
Amendment, Modification and Waiver. This Agreement may not be amendedmodified, modified amended or supplemented at any time except by the written agreement of the partiesPurchaser and Seller. Any failure of any party to comply with hereto may waive in writing any term or provision of condition contained in this Agreement may and intended to be waived for its benefit; provided, however, that no waiver by the other any party, whether by an instrument conduct or otherwise, in writing signed by such partyany one or more instances, but such shall be deemed or construed as a further or continuing waiver or failure to insist upon strict compliance with of any such term or provision condition. Each amendment, modification, supplement or waiver shall not operate as a waiver of, be in writing and signed by the party or estoppel with respect to, any subsequent or other failure parties to complybe charged.
Appears in 1 contract
Amendment, Modification and Waiver. This Option Agreement may not be amendedmodified, modified amended or supplemented at any time except by mutual written agreement of all the partiesParties. Any failure of any party to comply with Party may waive in writing any term or provision condition contained in this Option Agreement and intended to be for its benefit; provided, however, that no waiver by any Party, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of this Agreement may be waived by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with any such term or provision shall not operate as a waiver ofcondition, or estoppel with respect to, any subsequent or other failure to comply.unless otherwise specified
Appears in 1 contract
Sources: Development Agreement