Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 84 contracts

Samples: Indemnification Agreement (Intelligent Medicine Acquisition Corp.), Indemnification Agreement (Osmotica Pharmaceuticals PLC), Indemnification Agreement (WinVest Acquisition Corp.)

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Modification and Waiver. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights The observance of a party hereunder (including the right to enforce the obligations hereunder any term of the other parties) this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term only with by a writing signed by the written consent of party against which such party, and no waiver is to be asserted. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 23 contracts

Samples: Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.), Indemnification Agreement (Tributary Funds, Inc.)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights The observance of a party hereunder (including the right to enforce the obligations hereunder any term of the other parties) this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term only with by a writing signed by the written consent of party against which such party, and no waiver is to be asserted. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 21 contracts

Samples: Indemnification Agreement (Cellstar Corp), Indemnification Agreement (TDK Mediactive Inc), Indemnification Agreement (Adelphia Communications Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 16 contracts

Samples: Indemnification Agreement (Axalta Coating Systems Ltd.), Indemnification Agreement (Pattern Energy Group Inc.), Indemnification Agreement (NBTY Florida, Inc.)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms.

Appears in 15 contracts

Samples: Indemnification Agreement (Edgen Group Inc.), Indemnification Agreement (Edgen Group Inc.), Indemnification Agreement (Edgen Group Inc.)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party which is entitled to the benefits thereof, and this Agreement may be modified or amended by a written instrument executed by all parties hereto. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Integrated Security Systems Inc), Purchase Agreement (Ruby Creek Resources, Inc.), Asset Purchase Agreement (Interpharm Holdings Inc)

Modification and Waiver. None of the terms or conditions of this Agreement may be waived except in writing by the party, which is entitled to the benefits thereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties heretoIndividual/Company and the Consultant. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof provision (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Non Circumvention and Non Disclosure Agreement, Non Circumvention and Non Disclosure Agreement, Consulting Agreement

Modification and Waiver. No supplement, modification or amendment of any of the provisions of this Agreement and no consent by either party hereto to any departure therefrom by the other party hereto shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall any such waiver constitute a continuing waiver.

Appears in 4 contracts

Samples: Indemnification Agreement (Metrocorp Inc), Indemnification Agreement (Pepsi Bottling Group Inc), Indemnification Agreement (Pepsico Inc)

Modification and Waiver. No supplement, modification modification, termination or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms.

Appears in 3 contracts

Samples: Indemnification Agreement (JetPay Corp), Indemnification Agreement (JetPay Corp), Securities Purchase Agreement (JetPay Corp)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding against any particular party hereto unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no . No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Apac Customer Service Inc), Indemnification Agreement (Apac Customer Service Inc)

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Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Cole Credit Property Trust II Inc), Indemnification Agreement (Cole Credit Property Trust Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as Unless otherwise expressly provided herein, no delay on the rights part of any party hereto in exercising any right, power or privilege hereunder shall operate as a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver thereof. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (Transocean Inc), Indemnification Agreement (Sportradar Group AG)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all both of the parties hereto. Except as otherwise expressly provided herein, the rights The observance of a party hereunder (including the right to enforce the obligations hereunder any term of the other parties) this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party entitled to enforce such term only with 10 by a writing signed by the written consent of party against which such party, and no waiver is to be asserted. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Indemnification Agreement (O Reilly Automotive Inc), Indemnification Agreement (O Reilly Automotive Inc)

Modification and Waiver. No supplement, modification or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties hereto. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnification Agreement (CommScope Holding Company, Inc.)

Modification and Waiver. No supplement, addition to or modification or amendment of this Agreement shall be effective or binding unless executed in a writing identified as such by all on either of the parties Parties hereto unless reduced to writing and executed by the respective duly authorized representatives of each of the Parties hereto. Except as otherwise expressly provided herein, The failure of either Party to exercise any right hereunder partially or fully shall not prevent the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent subsequent exercise of such party, and no right. The waiver by either Party of any of the provisions breach of this Agreement shall not be deemed or shall constitute a waiver of any subsequent breach of the same or any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiverterm of this Agreement.

Appears in 1 contract

Samples: Veea Reseller Agreement (Plum Acquisition Corp. I)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party which is entitled to the benefits thereof, and this Agreement may be modified or amended by a written instrument executed by all parties hereto. No supplement, modification modification, or amendment of this Agreement shall be binding unless executed in a writing identified as such by all of the parties heretoboth parties. Except as otherwise expressly provided herein, the rights of a party hereunder (including the right to enforce the obligations hereunder of the other parties) may be waived only with the written consent of such party, and no No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Supply and Services Agreement (R B Rubber Products Inc)

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