Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Seller; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 4 contracts
Sources: Asset Purchase Agreement (GBT Technologies Inc.), Asset Purchase Agreement (Trend Innovations Holding Inc.), Asset Purchase Agreement (Avalon Globocare Corp.)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Agent and (ii) the SellerCompany; provided, however, that any party Party to this Agreement may waive in writing any obligation owed to it by any other party Party under this Agreement. The waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 4 contracts
Sources: Media Services Agreement, Media Services Agreement (dELiAs, Inc.), Media Services Agreement (dELiAs, Inc.)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) each of the Buyer and (ii) the Seller; providedparties hereto, however, except that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 4 contracts
Sources: Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc)
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Purchasers and (ii) the Seller; providedCompany, however, that any party to this Agreement may waive and any obligation owed to it by any other a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc), Common Stock Purchase Agreement (Information Management Associates Inc)
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Purchaser and (ii) the Seller; providedCompany, however, that any party to this Agreement may waive and any obligation owed to it by any other a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) each of the Buyer and (ii) the Sellerparties hereto; providedPROVIDED, howeverHOWEVER, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 2 contracts
Sources: Option Agreement (Dreamlife Inc), Option Agreement (GHS Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) each of the Buyer and (ii) the Seller; providedparties hereto, however, except that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 2 contracts
Amendment, Modification and Waiver. This Agreement shall ---------------------------------- not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Purchasers and (ii) the Seller; providedCompany, however, that any party to this Agreement may waive and any obligation owed to it by any other a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Seller; providedeach party to be charged therewith, however, except that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Auto Underwriters of America, Inc.), Asset Purchase Agreement (Auto Underwriters of America, Inc.)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Sellerparty against whom or which enforcement thereof is sought ; provided, however, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Merger Agreement (Alloy Online Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Buyer, the Sellers and (ii) the SellerSeller Parent; provided, however, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Youthstream Media Networks Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and Parent, (ii) the SellerCompany and (iii) the Stockholders; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Merger Agreement (Ivillage Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and Buyer, (ii) Seller and (iii) the SellerPartners; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by (i) the Buyer Buyer, the Seller and (ii) the Seller; Members, provided, however, that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) Parent, the Buyer Buyer, the Seller and (ii) the Seller; provided, however, that any Alloy. Any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Alloy Inc)
Amendment, Modification and Waiver. 15.1. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) each of the Buyer and (ii) the Seller; providedparties hereto, however, except that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. UPENN-Merck Standard 7
Appears in 1 contract
Sources: Clinical Study Agreement
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and Parent, (ii) the SellerCompany and (iii) the Stockholder; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Merger Agreement (Ivillage Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Seller; , provided, however, that any party to this Agreement may waive any obligation owed to it by any other another party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Alloy, CASS and (ii) the SellerStockholder; provided, however, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Alloy Online Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and Buyer, (ii) the SellerSeller and (iii) the Partners; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Purchase Agreement (Answers CORP)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Seller; provided, however, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Progress Software Corp /Ma)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Sellereach party hereto; provided, however, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Purchaser and (ii) the Seller; providedSellers, however, that any party to this Agreement may waive and any obligation owed to it by any other a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Information Management Associates Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) Parent and the Buyer and (ii) the SellerCompany; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Electro Catheter Corp)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Buyer, Parent and (ii) the Seller; provided, however, that any Company. Any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Alloy Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Seller; provided, however, that any parties hereto. Any party to this Agreement may waive in writing any obligation owed to it by any other party under to this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Lockup Agreement (Global Telecom & Technology, Inc.)
Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended waived except pursuant to by an instrument or instruments in writing signed by (i) and delivered on behalf of each of the Buyer and (ii) the Seller; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreementparties. The waiver by any a party hereto of a breach of any provision 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.
Appears in 1 contract
Sources: Stock Purchase Agreement (Employers Holdings, Inc.)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) Parent and the Buyer and (ii) the Seller; provided, however, that any Representative. Any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Merger Agreement (Alloy Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) all of the Buyer and (ii) the Seller; provided, however, that any party to this Agreement may waive any obligation owed to it by any other party under this Agreementparties hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Alloy, Acquisition Sub and (ii) the SellerMarketSource; provided, however, that any party to -------- ------- this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Asset Purchase Agreement (Alloy Inc)
Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer and (ii) the Sellereach party hereto; providedPROVIDED, howeverHOWEVER, that any party to this Agreement may waive in writing any obligation owed to it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) Parent and the Buyer and (ii) the SellerCompany; provided, however, that 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 it by any other party under this Agreement. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Cardiac Control Systems Inc)
Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by (i) the Buyer Purchasers and (ii) the Seller; providedSellers, however, that any party to this Agreement may waive and any obligation owed to it by any other a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Information Management Associates Inc)