Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument in writing signed by the parties hereto.
Appears in 911 contracts
Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 138 contracts
Samples: Incentive Unit Award Agreement (Bumble Inc.), E Share Award Agreement (Apollo Infrastructure Co LLC), Incentive Unit Award Agreement (Bumble Inc.)
Amendment; Waiver. No provision of this Agreement may be modified, amended or waived except by an instrument in writing signed by the parties heretoboth parties.
Appears in 78 contracts
Samples: Severance and Change of Control Agreement (Stratus Properties Inc), Severance and Change of Control Agreement (Stratus Properties Inc), Severance Agreement
Amendment; Waiver. No provision of this Agreement may be amended amended, otherwise modified or waived except by an instrument in writing signed by the parties hereto.
Appears in 29 contracts
Samples: Structuring Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund), Fee Agreement (Cohen & Steers Real Estate Opportunities & Income Fund)
Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties, unless permitted by Section 2.7(a).
Appears in 25 contracts
Samples: Change of Control Agreement (Gulf Island Fabrication Inc), Change of Control Agreement (Gulf Island Fabrication Inc), Change of Control Agreement (Gulf Island Fabrication Inc)
Amendment; Waiver. No provision of this (a) This Agreement may not be amended or waived except by an instrument in writing signed by on behalf of each of the parties hereto.
Appears in 24 contracts
Samples: Voting and Support Agreement (Earthstone Energy Inc), Voting and Support Agreement (Earthstone Energy Inc), Voting and Support Agreement (Earthstone Energy Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except modified only by an a written instrument in writing duly signed by the parties hereto, and any provision hereof may be waived only by a written instrument duly signed by the party against whom enforcement of such waiver is sought.
Appears in 19 contracts
Samples: Agreement and Plan of Merger (Fortune Rise Acquisition Corp), Escrow Agreement (Australian Oilseeds Holdings LTD), Escrow Agreement (Reviva Pharmaceuticals Holdings, Inc.)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 16 contracts
Samples: Employment Agreement (St John Knits International Inc), Subscription and Tender Agreement (Vestar Sheridan Inc), Subscription and Tender Agreement (Vestar Sheridan Inc)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties heretoparties. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.
Appears in 14 contracts
Samples: Option Agreement (Kite Realty Group Trust), Option Agreement (Kite Realty Group Trust), Option Agreement (Kite Realty Group Trust)
Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument unless such amendment is approved in writing signed by the parties hereto. No provision of this Agreement may be waived unless such waiver is in writing and signed by the party against whom the waiver is to be effective.
Appears in 13 contracts
Samples: Reorganization Agreement (TWFG, Inc.), Reorganization Agreement (TWFG, Inc.), Management Incentive Unit Agreement (BRP Group, Inc.)
Amendment; Waiver. No provision of this Agreement may be amended amended, supplemented or modified except by a written instrument signed by all the Parties. No provision of this Agreement may be waived except by an a written instrument in writing signed by the parties heretoParty against whom the waiver is to be effective. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Appears in 11 contracts
Samples: Transition Services Agreement (American International Group, Inc.), Transition Services Agreement (Corebridge Financial, Inc.), Transition Services Agreement (Brighthouse Financial, Inc.)
Amendment; Waiver. No provision of Except with respect to Exhibit A or as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties hereto.
Appears in 10 contracts
Samples: Investment Management Agreement, Investment Management Agreement (JPMorgan Trust I), Investment Management Agreement (JPMorgan Trust I)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.
Appears in 9 contracts
Samples: Standstill Agreement (U-Store-It Trust), Modification of Noncompetition Agreement (U-Store-It Trust), Modification of Noncompetition Agreement (U-Store-It Trust)
Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except waived, other than through a written instrument adopted, executed and agreed to by an instrument in writing signed by each of the parties Parties hereto.
Appears in 9 contracts
Samples: Unitholders Agreement, Unitholders Agreement, Common Unit Repurchase Agreement (Sunoco LP)
Amendment; Waiver. No provision of this This Agreement may not be amended or amended, nor may any rights under it be waived except by an instrument in writing signed by the parties heretoboth parties.
Appears in 8 contracts
Samples: Business and Asset Purchase Agreement (B2Digital, Inc.), Agreement (B2Digital, Inc.), Asset Purchase Agreement (PunchFlix, Inc.)
Amendment; Waiver. This Agreement may only be amended by a ----------------- written agreement signed by each of the parties hereto. No waiver of any Section of provision of this Agreement may will be amended or waived except by an instrument valid unless in a writing signed by the parties heretoparty to be charged and only to the extent set forth in that writing.
Appears in 8 contracts
Samples: Retention Bonus Agreement (Protocol Systems Inc/New), Retention Bonus Agreement (Protocol Systems Inc/New), Retention Bonus Agreement (Protocol Systems Inc/New)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties heretoparty sought to be charged with such amendment or waiver.
Appears in 7 contracts
Samples: Agreement (Graham Packaging Acquisition Corp.), Venture Agreement (Penske Automotive Group, Inc.), Venture Agreement (Penske Automotive Group, Inc.)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder by waived except by an instrument in writing signed by the parties hereto.
Appears in 7 contracts
Samples: Procurement Agreement (ORBCOMM Inc.), Orbcomm System Procurement Agreement (Orbcomm Global L P), Orbcomm Procurement Agreement (ORBCOMM Inc.)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in writing executed by the party so waiving.
Appears in 7 contracts
Samples: Stock Option Award Agreement (Michael Foods Inc/New), Stock Option Award Agreement (Mg Waldbaum Co), Stock Option Award Agreement (Michael Foods Inc/New)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except modified, or any provision hereof waived, other than by an instrument in writing signed a written agreement executed by the parties heretohereto or any of their respective successors and assigns.
Appears in 7 contracts
Samples: Restricted Stock Unit Agreement (Morgans Hotel Group Co.), Limited Liability Company Agreement (Morgans Hotel Group Co.), Plan Award Agreement (Morgans Hotel Group Co.)
Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties.
Appears in 6 contracts
Samples: Chairman Agreement, Consulting Agreement (Rockwell Collins Inc), Transition and Consulting Agreement (Rockwell Collins Inc)
Amendment; Waiver. No provision of this Agreement may be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.
Appears in 5 contracts
Samples: Common Stock and Warrants Subscription Agreement (Software Net Corp), Stock Purchase Agreement (Banc Corp), Contribution Agreement (Simon Property Group Lp)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by all of the parties hereto.
Appears in 4 contracts
Samples: Stock Transfer Agreement (Kojaian C Michael), Stock Transfer Agreement (Kojaian C Michael), Unit Purchase Agreement (Kojaian Ventures LLC)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto.
Appears in 4 contracts
Samples: And Voting Agreement, Irrevocable Proxy and Voting Agreement (Proxicom, Inc.), Voting Agreement (Marlin Capital Lp)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified ----------------- except by an instrument in writing signed by the parties heretoparties.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Artificial Life Inc), Exchange Agreement (Boxall Alexander Peter), Repayment Agreement (Boxall Alexander Peter)
Amendment; Waiver. No provision of this Agreement may be modified, amended or waived except by an instrument in writing signed by the parties heretoboth Parties.
Appears in 3 contracts
Samples: Form of Severance and Change of Control Agreement (Tidewater Inc), Executive Employment Agreement (Tidewater Inc), Change of Control Agreement (Tidewater Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto.. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving
Appears in 3 contracts
Samples: Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.), Management Subscription Agreement (APX Group Holdings, Inc.)
Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except by an waived, other than through a written instrument in writing signed adopted, executed and agreed to by the parties hereto.
Appears in 3 contracts
Samples: Unit Redemption Agreement (First Wind Holdings Inc.), Noncompetition, Confidentiality and Release Agreement (First Wind Holdings Inc.), Unit Redemption Agreement (First Wind Holdings Inc.)
Amendment; Waiver. No provision of Neither this Agreement nor any of the terms hereof may be amended terminated, amended, supplemented, waived or waived modified except by an instrument in writing signed by the parties hereto.
Appears in 3 contracts
Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Recognition Agreement (Wells Timberland REIT, Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended and no term or condition hereof may be waived except by an instrument in writing signed executed by the parties hereto.
Appears in 3 contracts
Samples: Employment Agreement (Medical Industries of America Inc), Voting Agreement (Video Update Inc), Voting Agreement (Moovies Inc)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties hereto.
Appears in 3 contracts
Samples: Investment Management Agreement, Investment Management Agreement (J.P. Morgan Exchange-Traded Fund Trust), Investment Management Agreement (J.P. Morgan Exchange-Traded Fund Trust)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an ----------------- instrument in writing signed by the parties hereto.
Appears in 3 contracts
Samples: Stock Option Agreement (Advance Holding Corp), Proxy and Voting Agreement (Advance Stores Co Inc), Voting Agreement (Advance Stores Co Inc)
Amendment; Waiver. This Agreement may be amended only by a written instrument signed by each of the parties hereto. No provision of this Agreement may be amended extended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such extension or waiver is sought.
Appears in 3 contracts
Samples: Stock Repurchase Agreement (Avanade Inc.), Stock Purchase Agreement (Avanade Inc.), Stock Purchase Agreement (Avanade Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties hereto. No provision or obligation in this Agreement may be waived except by an instrument in writing signed by the waiving party.
Appears in 3 contracts
Samples: Loan and Security Agreement (Kips Bay Medical, Inc.), Loan and Security Agreement (Kips Bay Medical, Inc.), Agreement (Kips Bay Medical, Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived changed except by an instrument in writing signed by the parties hereto.
Appears in 2 contracts
Samples: Voting and Distribution Agreement (Peregrine Systems Inc), Voting and Distribution Agreement (Peregrine Systems Inc)
Amendment; Waiver. No provision of this the Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties heretoboth parties.
Appears in 2 contracts
Samples: Retirement and Separation Agreement, Retirement and Separation Agreement (Atwood Oceanics Inc)
Amendment; Waiver. No provision of this This Agreement may not be amended or amended, nor may any rights under it be waived except by an instrument in writing signed by the parties heretoboth Parties.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Digital Turbine, Inc.), Asset Purchase Agreement (Digital Turbine, Inc.)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any provision hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 2 contracts
Samples: Subscription Agreement (Bar Technologies Inc), Technology Purchase Agreement (Spatial Technology Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto.. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving. 7.7
Appears in 2 contracts
Samples: Management Unit Subscription Agreement (PGA Holdings, Inc.), Management Unit Subscription Agreement (PGA Holdings, Inc.)
Amendment; Waiver. This Agreement may not be amended except by a writing duly signed by the parties. No provision party may waive any of the terms or conditions of this Agreement may be amended or waived except by an instrument in a duly signed writing signed by referring to the parties heretospecific provision to be waived.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Liberty Media Corp /De/), 8 Stock Purchase Agreement (General Communication Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof will be effective unless set forth in a writing executed by the party so waiving.
Appears in 2 contracts
Samples: LLC Unit Award Agreement (Signify Health, Inc.), Phantom Share Award Agreement (Cadre Holdings, Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by each of the parties hereto. No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought.
Appears in 2 contracts
Samples: Right of First Offer Agreement (Farmland Partners Inc.), Right of First Offer Agreement (Farmland Partners Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing signed by all the parties hereto. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof.
Appears in 2 contracts
Samples: Escrow Agreement (Ascent Media CORP), Escrow Agreement (Ascent Media CORP)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or waived amended, nor may any rights hereunder be waived, except by an instrument in writing signed by the party sought to be charged with such amendment or waiver and, in each case, the written approval of the parties hereto.
Appears in 2 contracts
Samples: Collateral Management Agreement (COHEN & Co INC.), Collateral Management Agreement (COHEN & Co INC.)
Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in any manner except by an instrument in writing signed by all the parties hereto. Failure to exercise any rights hereunder shall not constitute a waiver of such rights.
Appears in 2 contracts
Samples: Employment Agreement (Nam Corp), Employment Agreement (Nam Corp)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written --- ----------------- instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 2 contracts
Samples: Stock Purchase Agreement (M Foods Investors LLC), Exhibit 1 (M Foods Investors LLC)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto; provided that the Company may amend this Agreement, in its sole discretion, to the extent such amendment is not materially adverse to the Participant’s rights hereunder. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 2 contracts
Samples: Management Equity Subscription Agreement (Gates Industrial Corp PLC), Management Equity Subscription Agreement (Gates Industrial Corp PLC)
Amendment; Waiver. No provision The provisions of this Agreement may not be amended amended, supplemented, waived or waived except changed orally, but only by an instrument in a writing signed by the parties hereto.party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement;
Appears in 2 contracts
Samples: Agreement (Club Regina Resorts Inc), Club Regina Resorts Inc
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended changed, altered or waived except amended, nor may any rights hereunder be waived, by an instrument in writing signed by the parties heretoparty sought to be charged with such amendment or waiver.
Appears in 2 contracts
Samples: Fossil Inc, Fossil Inc
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written ----------------- instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 2 contracts
Samples: Registration Rights Agreement (Digital Video Systems Inc), Registration Rights Agreement (Digital Video Systems Inc)
Amendment; Waiver. No provision of this Agreement may ----------------- be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.
Appears in 1 contract
Samples: Subscription Agreement (Superior Financial Corp /Ar/)
Amendment; Waiver. No provision of this Agreement may be amended or waived except unless by execution of an instrument in writing signed by on behalf of the parties heretoparty against whom enforcement is sought.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Alj Regional Holdings Inc)
Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in any manner except by an instrument in writing signed by the parties hereto.. The waiver by
Appears in 1 contract
Samples: Employment Agreement (BTG Inc /Va/)
Amendment; Waiver. No This Agreement may not be amended, modified, supplemented, or restated, nor may any provision of this Agreement may be amended or waived except waived, other than through a written instrument adopted, executed and agreed to by an instrument in writing signed by each of the parties Parties hereto.. Section 6.5
Appears in 1 contract
Samples: Redemption and Transfer Agreement
Amendment; Waiver. No provision of Neither this Agreement nor any provision hereof ----------------- may be amended amended, modified, supplemented or waived waived, except by an a written instrument in writing signed executed by all of the parties hereto.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may not be modified, amended or waived in manner except by an instrument in writing signed by all the parties hereto. Failure to exercise any rights hereunder shall not constitute a waiver of such rights.
Appears in 1 contract
Amendment; Waiver. No This Agreement may not be modified, superseded, terminated or amended and no provision of this Agreement may be amended or waived waived, except by an instrument in a writing and signed by the parties hereto.
Appears in 1 contract
Samples: Rescission and Termination Agreement (Sitoa Global Inc.)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the parties heretoParties.
Appears in 1 contract
Amendment; Waiver. No provision of this Agreement may be amended or ------------------ waived except by an instrument in writing signed by the parties hereto.
Appears in 1 contract
Samples: Structuring Fee Agreement (Nuveen Equity Premium Advantage Fund)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by either party hereto of any provision hereof will be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Amendment; Waiver. No provision of this Agreement may be amended modified, amended, or waived except by an instrument in writing signed by the parties hereto.both parties, unless permitted by Section 2.7(a). Exhibit 10.12
Appears in 1 contract
Samples: Change of Control Agreement (Gulf Island Fabrication Inc)
Amendment; Waiver. This Agreement may be amended only by a written ----------------- instrument signed by all of the parties hereto. No provision of this Agreement may be amended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such waiver is sought.
Appears in 1 contract
Samples: Agreement (Ratos Acquisition Corp)
Amendment; Waiver. No This Agreement may not be amended and no provision of this Agreement may be amended or waived except by an instrument in writing signed by the parties hereto.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing signed by the parties heretoparties.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the both parties hereto. No waiver by any party hereto of any provision hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (7 Days Group Holdings LTD)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived amended, except by an instrument in writing signed by each party and no party may waive compliance with any of the parties heretoagreements or terms and conditions contained in this Agreement except by an instrument in writing.
Appears in 1 contract
Samples: Offer Agreement (Danaher Corp /De/)
Amendment; Waiver. No provision of this Agreement Except as expressly provided herein, no change or amendment may be amended or waived made to this Restated Agreement except by an instrument in writing signed by on behalf of each of the parties hereto. No term or provision hereof may be waived by a party except by an instrument in writing signed on behalf of the party waiving compliance thereto.
Appears in 1 contract
Samples: Managed Care Agreement (Medco Health Solutions Inc)
Amendment; Waiver. No provision of this Agreement may be amended amended, ---------------- waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.
Appears in 1 contract
Samples: Common Stock and Warrant Subscription Agreement (Oxis International Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties heretohereto against whom such amendment or waiver is sought to be enforced. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument unless the amendment or waiver is in writing and signed by the parties heretoparties.
Appears in 1 contract
Samples: Trust Agreement
Amendment; Waiver. No provision of this This Agreement may not be amended or any provision hereof waived in whole or in part except by an instrument in a writing signed by the parties hereto.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a ---------------------- written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Samples: Designated Manager Subscription Agreement (Cbre Holding Inc)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written ---- ----------------- instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Samples: Management Stock Purchase And (M Foods Investors LLC)
Amendment; Waiver. No provision of this Agreement may be amended amended, waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.. The parties, however, agree to use their respective best efforts to negotiate any amendments or supplemental
Appears in 1 contract
Amendment; Waiver. No provision of this (a) This Agreement may not be amended or waived modified, and no obligation or right hereunder may be waived, except by an instrument in writing signed by the parties hereto.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may not be amended or waived ----------------- modified except by an instrument in writing signed by the parties heretoparties.
Appears in 1 contract
Samples: Exchange Agreement (Advanced Deposition Technologies Inc)
Amendment; Waiver. No provision of Neither this Agreement nor any provision ----------------- hereof may be amended amended, modified, supplemented or waived waived, except by an a written instrument in writing signed executed by all of the parties hereto.
Appears in 1 contract
Samples: Investor Rights Agreement (Touchstone Applied Science Associates Inc /Ny/)
Amendment; Waiver. No provision of this Agreement may be amended amended, ----------------- waived or waived otherwise modified except by an instrument in writing signed executed by the parties hereto.
Appears in 1 contract
Samples: Common Stock and Warrant Subscription Agreement (Oxis International Inc)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived amended, and no portion hereof may be waived, except by an instrument in a writing signed by each of the parties heretoParties.
Appears in 1 contract
Samples: Servicer Participation Agreement
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties Parties hereto. No waiver by any Party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the Party so waiving.
Appears in 1 contract
Samples: Founder Agreement (Bumble Inc.)
Amendment; Waiver. No provision of Except as otherwise provided herein, this Agreement may not be amended or nor may any rights hereunder be waived except by an instrument in writing signed by the party sought to be charged with such amendment or waiver and, in each case, the written approval of the parties hereto.
Appears in 1 contract
Samples: Interim Investors Agreement
Amendment; Waiver. No provision of this This Agreement may be amended modified or waived except amended, and any provision hereof may be waived, only by an a written instrument in writing signed by each of the parties hereto.
Appears in 1 contract
Samples: Software Assets Purchase Agreement (Infinite Group Inc)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an instrument in writing signed by the parties Parties hereto. Any agreement on the part of a Party hereto to the waiver of any provision of this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party.
Appears in 1 contract
Samples: Stock Purchase Agreement (Precision Aerospace Components, Inc.)
Amendment; Waiver. This Agreement may be amended only by a written instrument signed by all of the parties hereto. No provision of this Agreement may be amended or waived except orally, but only by an a written instrument in writing signed by the parties heretoparty against whom enforcement of such waiver is sought.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may be amended only by an ----------------- instrument in writing executed by each of the parties hereto. This Agreement cannot be changed or waived except terminated orally and no waiver of compliance with any provisions or condition hereof and no consent provided for herein shall be effective unless evidenced by an instrument in writing signed duly executed by the parties heretoparty granting such waiver or consent.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may not be amended or waived except by an a written instrument in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be implied from any course of dealing between or among the parties hereto or from any failure by any party hereto to assert its rights hereunder on any occasion or series of occasions.
Appears in 1 contract
Samples: Management Agreement (Witter Dean Cornerstone Fund Iii)
Amendment; Waiver. No provision of this This Agreement may not be amended amended, or waived any provision waived, except by an instrument in writing signed by on behalf of each of the parties hereto.Parties. Section 10.10
Appears in 1 contract
Samples: Asset Purchase Agreement
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a ----------------------- written instrument in writing signed by the parties hereto. No waiver by either party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may be amended amended, supplemented or waived except otherwise modified only by an a written instrument in writing signed executed by the parties hereto.. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may not be amended modified, amended, or waived in any manner, except by an instrument in writing signed by the parties hereto.both parties
Appears in 1 contract
Samples: Employment Agreement (Electriq Power Holdings, Inc.)
Amendment; Waiver. No provision of Except as provided otherwise herein, this Agreement may not be amended or waived amended, nor may any rights hereunder be waived, except by an instrument in writing signed by the both parties hereto.
Appears in 1 contract
Samples: Transition Services Agreement (Institutional Financial Markets, Inc.)
Amendment; Waiver. No provision of this This Agreement may not be amended or waived modified except by an instrument in writing and signed by the parties heretoboth parties.
Appears in 1 contract
Samples: Interim Employment Agreement (Camelot Entertainment Group, Inc.)
Amendment; Waiver. (a) No provision of this Agreement may be amended or waived except by an instrument in writing signed executed by the parties heretoparty against whom the waiver is to be effective.
Appears in 1 contract
Amendment; Waiver. No provision of this This Agreement may be amended amended, supplemented or waived except otherwise modified only by an a written instrument in writing signed executed by the parties hereto.. No waiver by any party of any of the provisions
Appears in 1 contract
Samples: Stockholders Agreement (Warburg Pincus Private Equity Viii L P)
Amendment; Waiver. No provision of this This Agreement may be amended or waived except only by an a written instrument in writing signed by the parties hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless set forth in a writing executed by the party so waiving. 7.8.
Appears in 1 contract
Samples: Incentive Unit Grant Agreement
Amendment; Waiver. No provision of this Agreement may be amended or waived except by an instrument waived, unless in writing signed by the parties heretoparty against whom enforcement may be made.
Appears in 1 contract
Amendment; Waiver. No provision of this Agreement may be waived except by an instrument in writing executed by the Party against whom the waiver is to be effective. No provision of this Agreement may be amended or waived otherwise modified except by an instrument in writing signed executed by the parties each party hereto.
Appears in 1 contract
Samples: Joinder Agreement (Adama Agricultural Solutions Ltd.)
Amendment; Waiver. No provision of Except as expressly provided herein, no change ----------------- or amendment may be made to this Agreement may be amended or waived except by an instrument in writing signed by on behalf of each of the parties hereto. No term or provision hereof may be waived by a party except by an instrument in writing signed on behalf of the party waiving compliance thereto.
Appears in 1 contract
Amendment; Waiver. No provision of this Agreement may be amended or waived ----------------- except by an instrument in writing signed executed by the party against whom the waiver is to be effective. No provision of this Agreement (including the Exhibits and Schedules hereto) may be amended or otherwise modified except by an instrument in writing executed by or on behalf of each of the parties hereto.
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Amendment; Waiver. No provision of this This Agreement may not be altered, amended or waived supplemented, or any provision herein waived, except by an instrument agreement in writing signed by each of the parties hereto.
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