Common use of Amendment, Modification and Waiver Clause in Contracts

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each Party, except that either Party may waive any obligation owed to such Party by the other Party under this Agreement, provided such waiver is in writing. The waiver by either Party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party(i) the Buyer and (ii) the Seller; provided, except however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyAgent and Company; provided, except however, that either any Party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party under this Agreement, provided such waiver is in writing. The waiver by either any Party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified ---------------------------------- altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Purchaser and the Company, except that either Party may waive and any obligation owed to such Party by the other Party a party under this Agreement, provided Agreement may only be waived in a writing signed by such waiver is in writingparty. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified ---------------------------------- altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Purchasers and the Company, except that either Party may waive and any obligation owed to such Party by the other Party a party under this Agreement, provided Agreement may only be waived in a writing signed by such waiver is in writingparty. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyof the parties hereto; PROVIDED, except HOWEVER, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall ---------------------------------- not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Purchasers and the Company, except that either Party may waive and any obligation owed to such Party by the other Party a party under this Agreement, provided Agreement may only be waived in a writing signed by such waiver is in writingparty. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented waived except pursuant to by an instrument or instruments in writing signed by and delivered on behalf of each Party, except that either Party may waive any obligation owed to such Party by of the other Party under this Agreement, provided such waiver is in writingparties. The waiver by either Party party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyparty to be charged therewith, except that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party party by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be ----------------------------------- amended, modified or supplemented except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party party by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented waived except pursuant to by an instrument or instruments in writing signed by and delivered on behalf of each Party, except that either Party may waive any obligation owed to such Party by of the other Party under this Agreement, provided such waiver is in writingparties. The waiver by either Party a party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party(i) Parent, except (ii) the Company and (iii) the Stockholders; provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. 15.1. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. UPENN-Merck Standard 7

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified ---------------------------------- altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyParent and the Company; provided, except however, that either Party any party to this Agreement -------- ------- any other party under this Agreement. The waiver by any party hereto of a breach may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyparty hereto; PROVIDED, except HOWEVER, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party(i) Buyer, except (ii) Seller and (iii) the Partners; provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyParent and the Company; provided, except however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Buyer, except that either Party Parent and the Company. Any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyParent, except that either Party the Buyer, the Seller and Alloy. Any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe party against whom or which enforcement thereof is sought ; provided, except however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Buyer, except the Sellers and the Seller Parent; provided, however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party(i) Parent, except (ii) the Company and (iii) the Stockholder; provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be altered or otherwise amended, modified or supplemented except pursuant to an instrument in writing signed by each Partythe Buyer and the Seller, except provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyOPTICON, except and FTC; provided, however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyBuyer and Seller; provided, except however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified ---------------------------------- altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Purchaser and the Sellers, except that either Party may waive and any obligation owed to such Party by the other Party a party under this Agreement, provided Agreement may only be waived in a writing signed by such waiver is in writingparty. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented waived except pursuant to by an instrument or instruments in writing signed by and delivered on behalf of each Party, except that either Party may waive any obligation owed to such Party by of the other Party under this Agreement, provided such waiver is in writingParties. The waiver by either a Party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any Party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party(i) the Buyer, except (ii) the Seller and (iii) the Partners; provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party, except that either Party the parties hereto. Any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party under party to this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be altered or otherwise amended, modified or supplemented except pursuant to an instrument in writing signed by each Partythe Buyer, except the Seller and the Members, provided, however, that either Party any party to this Agreement may waive any obligation owed to such Party it by the other Party another party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each Party, except that either Party may waive any obligation owed to such Party by of the other Party under this Agreement, provided such waiver is in writingparties hereto. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. “Interested Party” . By:

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each PartyAlloy, except CASS and Stockholder; provided, however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party, except that either Party may waive any obligation owed to such Party by all of the other Party under this Agreement, provided such waiver is in writingparties hereto. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Party, except that either Party Parent and the Representative. Any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each Partyof the parties hereto, except that either Party any party to this Agreement may waive any obligation owed to such Party that party by the other Party another party under this Agreement, provided such the waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall will not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partyparty hereto; provided, except however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified or supplemented altered of otherwise amended except pursuant to an instrument in writing signed executed by each Partythe TARGET, except COMPANY, and PARENT; provided, however, that either Party any party to this Agreement may waive in writing any obligation owed to such Party it by the any other Party party under this Agreement, provided such waiver is in writing. The waiver by either Party any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each Party, except that either any Party may waive any obligation owed to such Party by the any other Party under this Agreement, provided such waiver is in writing. The waiver by either a Party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement may shall not be amended, modified ---------------------------------- altered or supplemented otherwise amended except pursuant to an instrument in writing signed by each Partythe Purchasers and the Sellers, except that either Party may waive and any obligation owed to such Party by the other Party a party under this Agreement, provided Agreement may only be waived in a writing signed by such waiver is in writingparty. The waiver by either Party any party hereto of a breach of any provisions provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.