Amendments; No Implied Waiver. This Agreement may be amended by (and only by) an instrument signed by HOC, on the one hand, the SOC, on the other hand. Except where a specific period for action or inaction is provided herein, no failure on the part of a Party to exercise, and no delay on the part of either Party in exercising, any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of either Party of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other right, power or privilege; nor shall any waiver on the part of a Party, on any particular occasion or in any particular instance, of any particular right, power or privilege operate as a waiver of such right, power or privilege on any other occasion or in any other instance.
Amendments; No Implied Waiver. This Agreement may be amended or modified, and Borrower, the bank, and the other Subsidiaries may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if Borrower shall obtain the prior written consent of Lender to that specific amendment, modification, action or omission to act, and no course of dealing between Borrower, the Bank, or the other Subsidiaries and Lender shall operate as a waiver of any right, power or privilege granted to Lender under this Agreement or under any other Loan Document, or available to Lender at law or in equity.
Amendments; No Implied Waiver. This Restated Agreement may be amended or modified, and Borrower may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if Borrower shall obtain the prior written consent of Lender to such amendment, modification, action or omission to act, and no course or dealing between Borrower and Lender shall operate as a waiver of any right, power or privilege granted under this Restated Agreement, under any other Loan Document, or available at law or in equity.
Amendments; No Implied Waiver. This Agreement may only be amended by an instrument signed by the Settling Parties. Except where a specific period for action or inaction is provided herein, no failure or delay by a Settling Party to exercise any right, power, or privilege hereunder shall operate as a waiver thereof; nor shall any waiver by a Settling Party of any such right, power, or privilege, or any single or partial exercise of any such right, power, or privilege, preclude any other or further exercise thereof or the exercise of any other right, power, or privilege; nor shall any waiver by a Settling Party, on any particular occasion or in any particular instance, of any particular right, power, or privilege operate as a waiver of such right, power, or privilege on any other occasion or in any other instance.
Amendments; No Implied Waiver. This Settlement Agreement may not be modified or amended except by, but may be modified or amended by, an instrument in writing executed by the Merck Parties and S&G, subject, in the case of any material modification or material amendment, to the approval thereof by the Court. No third party beneficiary shall have any right to approve or consent to any such modification or amendment, and all rights of third parties are subject to the rights of amendment and waiver provided for in this Settlement Agreement. Except where a specific period for action or inaction is provided herein, no failure on the part of a Party to exercise, and no delay on the part of any Party in exercising, any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of any Party of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other right, power or privilege; nor shall any waiver on the part of a Party, on any particular occasion or in any particular instance, of any particular right, power or privilege operate as a waiver of such right, power or privilege on any other occasion or in any other instance.
