Common use of Amendments; No Implied Waiver Clause in Contracts

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.

Appears in 6 contracts

Samples: Settlement Agreement, Settlement Agreement (Stryker Corp), Settlement Agreement

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Amendments; No Implied Waiver. This Agreement may be amended by (and only by) an instrument signed by HOC, on the one hand, and 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 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.

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Amendments; No Implied Waiver. This Agreement may be amended by (and only by) an instrument signed by HOCMerck, on the one hand, and a majority in number of the SOCNPC, 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.

Appears in 4 contracts

Samples: Settlement Agreement (Merck & Co Inc), Settlement Agreement, Settlement Agreement

Amendments; No Implied Waiver. 18.9 This Agreement may be amended by (and only by) an instrument signed by HOCthe NHL, on the one hand, the SOCand Plaintiffs’ Counsel, 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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Amendments; No Implied Waiver. This Agreement may be amended by (and only by) an instrument signed by HOCBayer, on the one hand, and by the SOCNCC, on the other hand. Except where a specific period for action or inaction is provided herein, no failure on the part of a Party party to exercise, and no delay on the part of either Party any party in exercising, exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of either Party 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 Partyany 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.

Appears in 2 contracts

Samples: MDL Settlement Agreement, MDL Settlement Agreement

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Amendments; No Implied Waiver. This Agreement may be amended by (and only by) an instrument signed by HOCMerck, on the one hand, and a majority in number of the SOCNPC, on the other hand. Except where a specific period for action or inaction is provided herein, no failure on the part of a ofa Party to exercise, and no delay on the part of either ofeither Party in exercising, any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of either ofeither Party of any such right, power or privilege, or any single or partial exercise of any ofany such right, power or privilege, preclude any other or further exercise thereof or thereofor the exercise of any other right, power or privilege; nor shall any waiver on the part of a ofa 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.any

Appears in 1 contract

Samples: Settlement Agreement

Amendments; No Implied Waiver. This Agreement may only be amended by (and only by) an instrument signed by HOC, on Defendants and a majority in number of the one hand, the SOC, on the other handPLC and PEC. Except where a specific period for action or inaction is provided herein, no failure on the part of or delay by a Party to exercise, and no delay on the part of either Party in exercising, exercise any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part of either by a 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 by 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.

Appears in 1 contract

Samples: Resolution Agreement (Thermadyne Holdings Corp /De)

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