Assignment, amendment and waiver. You may not assign this Agreement without first obtaining PayPal’s written consent. PayPal may assign, novate or otherwise transfer this agreement without your consent by notifying you. Neither party may amend this Agreement or waive any rights under it except in a written document signed by both parties.
Assignment, amendment and waiver. You may not assign this Card Agreement without first obtaining PayPal’s written consent. PayPal may assign, novate or otherwise transfer this Card Agreement without your consent by notifying you. Neither party may amend this Card Agreement or waive any rights under it except in a written document signed by both parties. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Assignment, amendment and waiver. This Agreement is intended to bind and inure to the benefit of and be enforceable by the parties hereto and their respective successors, heirs and assigns. Any provisions hereof for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party waiving compliance. This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Assignment, amendment and waiver. Neither this Letter Agreement nor any of the rights, interests or obligations hereunder may be assigned by VAC or Newco without the prior written consent of the other; provided that VAC shall be entitled to assign all or any of its interests and obligations hereunder to any one or more of its Affiliates or to any entity managed or advised by an Affiliate of VAC without obtaining any such consent of any person, provided that VAC shall remain obligated to perform its obligations hereunder to the extent not performed by any such assignee. Any provisions hereof for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party waiving compliance.
Assignment, amendment and waiver. Neither this Letter Agreement nor any of the rights, interests or obligations hereunder may be assigned by OC or the Company without the prior written consent of the other. Any provision of this Letter Agreement may be amended only with the prior written consent of OC and the Company. Any provision of this Letter Agreement for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party waiving compliance.
Assignment, amendment and waiver. Neither this Letter Agreement nor any of the rights, interests or obligations hereunder may be assigned by Buyer or the Undersigned. Any provisions hereof for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party or parties waiving compliance. This Letter Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto.
Assignment, amendment and waiver. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns,provided that neither Party shall have the right to assign this Agreement, including any indemnification rights, or any obligations or benefits hereunder, without the prior written consent of the other Party first having been obtained; provided, further, that Buyer may assign its benefits hereunder to any Person who acquires substantially all of the Properties; providedfurther, that this proviso,Section 15.4(d) andSection 15.12,Section 15.14 , and the third sentence of thisSection 15.6shall inure to the benefit of the Financing Sources. Any transfer in absence of such consent shall be null and void. This Agreement may not be amended or modified except by the written agreement of all the Parties hereto. In addition, the second proviso of the first sentence of this Section 15.6, Section 15.4 (d), Section 15.12 and Section 15.14 may not be amended or modified except by the written agreement of the Financing Sources. Except as otherwise provided in this Agreement, the failure by any Person to comply with any obligation, covenant or condition under this Agreement may be waived by the Person entitled to the benefit thereof only by a written instrument signed by the Person granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent other failure. The failure of any Person to enforce at any time any of the provisions of this Agreement will in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of any Person thereafter to enforce each and every such provision. No waiver of any breach of such provisions will be held to be a waiver of any other or subsequent breach.
Assignment, amendment and waiver. Neither this Letter Agreement nor any of the rights, interests or obligations hereunder may be assigned by the Investors or the Company without the prior written consent of the other; provided, that the Investors shall be entitled to assign its interests and obligations hereunder to any one or more of its affiliates without obtaining any such consent of the Company. Any provision of this Letter Agreement may be amended only with the prior written consent of the Investors and the Company. Any provision of this Letter Agreement for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party waiving compliance.
Assignment, amendment and waiver. Neither this Letter Agreement nor any of the rights, interests or obligations hereunder may be assigned by VAC or the Purchaser without the prior written consent of the other; provided that VAC shall be entitled to assign its interests and obligations hereunder to any one or more of its affiliates under common equity ownership without obtaining any such consent of any person. Any provisions hereof for the benefit of a party hereto may be waived by such party (either generally or in particular and either retroactively or prospectively), only by a written instrument signed by the party waiving compliance.
Assignment, amendment and waiver. The Separation Agreement (1) may not be assigned by any party thereto without the prior written consent of the other parties (which consent may be granted or withheld in the sole discretion of the other parties) and (2) may not be amended or modified, and no provision thereof may be waived, except by an instrument in writing signed by each party thereto. 128 Table of Contents ADDITIONAL AGREEMENTS RELATED TO THE SEPARATION, THE DISTRIBUTION AND THE MERGER Employee Matters Agreement Upon the closing of the Merger, Citrix, GetGo and LMI will enter into an Employee Matters Agreement governing the allocation among them of certain assets, liabilities and responsibilities relating to employees, including compensation and benefit plans and programs.
