Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 42 contracts

Samples: License Agreement (Nano-Textile Ltd.), License Agreement (Magenta Therapeutics, Inc.), License Agreement (AVROBIO, Inc.)

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Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 32 contracts

Samples: License Agreement (BioLineRx Ltd.), Research Funding and License Agreement (Therapix Biosciences Ltd.), License Agreement (La Jolla Pharmaceutical Co)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 26 contracts

Samples: Sublicense Agreement (ENDRA Life Sciences Inc.), Sublicense Agreement (Endra Inc.), Collaborative Research Agreement (Medarex Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 19 contracts

Samples: And License Agreement (Arqule Inc), Collaborative Research and License Agreement (Archemix Corp.), Exclusive License Agreement (Manhattan Pharmaceuticals Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 16 contracts

Samples: Supply and Manufacturing Agreement (ArcherDX, Inc.), Clinical Supply Agreement (Immunogen Inc), Supply Agreement Clinical Supply Agreement (Immunogen Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, cancelled, renewed or canceled, extended and any of the terms of covenants hereof may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving complianceagainst whom such modification or waiver is sought to be enforced. The delay or failure of either party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one anyone or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant in this Agreement.

Appears in 15 contracts

Samples: Employment Agreement (Casella Waste Systems Inc), Employment Agreement (Casella Waste Systems Inc), Employment Agreement (Casella Waste Systems Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party all of the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 13 contracts

Samples: Severance Agreement (Spectrum Brands Holdings, Inc.), Severance Agreement (Spectrum Brands Holdings, Inc.), Severance Agreement (Spectrum Brands, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or superseded, canceled, renewed or extended, and any of the terms hereof may be waived, only by a written instrument executed by each party the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 10 contracts

Samples: Employment Agreement (Mattress Firm Holding Corp.), Employment Agreement (Mattress Firm Holding Corp.), Employment Agreement (Mattress Firm Holding Corp.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 8 contracts

Samples: Collaborative Research Agreement (Isis Pharmaceuticals Inc), Collaborative Research Agreement (Xenogen Corp), Products and Services Agreement (Discovery Partners International Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 6 contracts

Samples: Development and License Agreement (Enanta Pharmaceuticals Inc), Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc), Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 6 contracts

Samples: License Agreement (Pain Therapeutics Inc), License Agreement (Pain Therapeutics Inc), License Agreement (Pain Therapeutics Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 6 contracts

Samples: Collaboration and Option Agreement (Aptevo Therapeutics Inc.), License Agreement (Neon Therapeutics, Inc.), License Agreement (Neon Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, cancelled, renewed or canceled, extended and any of the terms of covenants hereof may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving complianceagainst whom such modification or waiver is sought to be enforced. The delay or failure of either party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 5 contracts

Samples: Employment Agreement (Kti Inc), Employment Agreement (Kti Inc), Employment Agreement (Kti Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, as a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 4 contracts

Samples: License Agreement (Genocea Biosciences, Inc.), License Agreement (Genocea Biosciences, Inc.), License Agreement (Genocea Biosciences, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled only by a written agreement between the Parties, and any of the terms of this Agreement may be waived, waived only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 4 contracts

Samples: Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, cancelled, renewed or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party all of the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 4 contracts

Samples: Employment Agreement (Shopping Com LTD), Employment Agreement (Shopping Com LTD), Employment Agreement (Shopping Com LTD)

Amendment; Waiver. This Except as otherwise expressly provided in this Agreement in connection with the amendment, modification or updating from time to time of certain Exhibits and Schedules to this Agreement, this Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Collaborative Research and License Agreement (Paratek Pharmaceuticals, Inc.), Collaborative Research and License Agreement (Paratek Pharmaceuticals Inc), Collaborative Research and License Agreement (Paratek Pharmaceuticals, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or superseded, canceled, renewed, or extended, and any of the terms hereof may be waived, only by a written instrument executed by each party the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Advantage Solutions Inc.), Employment Agreement (Advantage Solutions Inc.), Employment Agreement (Advantage Solutions Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreementagreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.), Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.), Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded ----------------- or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Collaborative Research and License Agreement (Maxygen Inc), Collaborative Research and License Agreement (Maxygen Inc), Collaborative Research and License Agreement (Maxygen Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one anyone or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: And License Agreement (Werewolf Therapeutics, Inc.), Assignment and License Agreement (Harpoon Therapeutics, Inc.), Assignment and License Agreement (Harpoon Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party of the Parties or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the samesuch performance. No waiver by either party a Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: License Agreement (New York Global Innovations Inc.), License Agreement (Artemis Therapeutics, Inc.), License Agreement (New York Global Innovations Inc.)

Amendment; Waiver. This Agreement may be amended, modified, ----------------- superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Collaborative Research Agreement (Xenogen Corp), Collaborative Research Agreement (Xenogen Corp), Collaborative Research Agreement (Xenogen Corp)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party both parties or, in the case of waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: License and Research Funding Agreement (Biolabmart Inc.), License and Research Funding Agreement, License Agreement (Traceguard Technologies, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Arqule Inc), Common Stock Purchase Agreement (Arqule Inc), Collaborative Research Agreement (Atrix Laboratories Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, agreement in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.), Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.), Development and Clinical Manufacture Agreement (CymaBay Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the samesuch performance. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: License Agreement (Portage Biotech Inc.), Research and License Agreement (Immix Biopharma, Inc.), Exclusive License Agreement (Sg Blocks, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: License Agreement (ReWalk Robotics Ltd.), License Agreement (ReWalk Robotics Ltd.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or superseded, canceled, renewed, or extended, and any of the terms hereof may be waived, only by a written instrument executed by each party orparty, or in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 2 contracts

Samples: Executive Consulting Advisory Agreement (Epiq Systems Inc), Executive Consulting Advisory Agreement (Epiq Systems Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Restructuring Agreement (Ariad Pharmaceuticals Inc), Restructuring Agreement (Ariad Pharmaceuticals Inc)

Amendment; Waiver. This Agreement Agreement, including the Exhibits attached hereto, may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Research Agreement (Interleukin Genetics Inc), Research Agreement (Interleukin Genetics Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, Party or in the case of waiver, by the party Party waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, be or considered as, as a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Collaboration Agreement (Mascoma Corp), Collaboration Agreement (Mascoma Corp)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Vivus Inc), Asset Purchase Agreement (Vivus Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledsuperseded, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: License Agreement (BioLineRx Ltd.), License Agreement (BioLineRx Ltd.)

Amendment; Waiver. This Agreement may be amended, modified, modified ---------------- superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaborative Research Agreement (Megabios Corp)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcan- celed, and any of the terms may be waived, only by a written instrument executed by each party par- ty or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Intellectual Property License and Development Agreement

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Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party all of the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.. 

Appears in 1 contract

Samples: Severance Agreement (SB/RH Holdings, LLC)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Technology License Agreement (Petroteq Energy Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party both Parties or, in the case of waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Royalty and License Fee Sharing Agreement (Qrons Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may nay be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.. 15.5

Appears in 1 contract

Samples: Collaborative Research Agreement (Gensia Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.. 13.5

Appears in 1 contract

Samples: License and Royalty Agreement (Gensia Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof provision shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Targacept Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: And License Agreement (Proteostasis Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall sh.all be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Exclusive License Agreement (Hoth Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed signed by each party duly authorized representatives of both Parties or, in the case of waiver, signed by duly authorized representatives of the party Party waiving compliance. The delay or failure of either party a Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party a Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Commercialization and Supply Agreement (Sucampo Pharmaceuticals, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement. 13.9.

Appears in 1 contract

Samples: License Agreement (BioLineRx Ltd.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Archemix Corp.)

Amendment; Waiver. This Agreement may be maybe amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: License and Royalty Agreement (Microcide Pharmaceuticals Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Compound Transfer and Development Agreement (Gene Logic Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be of this Agreement maybe waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaboration and License Agreement (Rosetta Genomics Ltd.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No Except as expressly provided herein to the contrary, no waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Amarantus Bioscience Holdings, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party waiving compliance. The delay or failure of either party any Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement. For avoidance of doubt, WhatsApp messages and/or other mobile phone text messages by the Customer shall not constitute a written instrument.

Appears in 1 contract

Samples: Travel Services Agreement

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party hereto or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights of such party at a later time to enforce the samerequire any performance. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, be or considered as, construed as a further or continuing waiver of any such condition breach or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Technology Acquisition Agreement (Nexmed Inc)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms of this Agreement may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance or to exercise any right arising out of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party any Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Marketing Agreement (Context Therapeutics Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party through its authorized signatories or, in the case of waiver, by the party waiving compliance. The delay or failure of either party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: License Agreement (Empatan Public LTD Co)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: License Agreement (Ember Therapeutics, Inc. - Ny)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcanceled only by a written agreement between the Parties, and any of the terms of this Agreement may be waived, waived only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or Parties waiving compliance. The delay or failure of either party Party at any time or times to require performance of any provisions hereof shall will in no manner affect the rights at a later time to enforce the same. No waiver by either party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall will be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaboration and License Agreement (Proteostasis Therapeutics, Inc.)

Amendment; Waiver. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of either any party at any time or times to require required performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach reach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaborative Research and Option Agreement (Peptide Therapeutics Group PLC)

Amendment; Waiver. This Agreement may be amended, modified, superseded superseded, or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party all of the parties hereto or, in the case of a waiver, by the party waiving compliance. The delay or failure of either any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights right at a later time to enforce the same. No waiver by either any party of any condition or of the breach beach of any term or covenant contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition breach, or a waiver of the breach of such term or any other term of or covenant contained in this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Rayovac Corp)

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