Common use of Modification and Waiver Clause in Contracts

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 17 contracts

Samples: Claims Administration Services Agreement (Premier Indemnity Holding CO), Asset Purchase Agreement (Iceweb Inc), Asset Purchase Agreement (Quest Group International Inc)

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Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision provisions hereof (whether or not similar).

Appears in 16 contracts

Samples: Shareholders’ Management Agreement (EnterConnect Inc), Shareholders’ Management Agreement (EnterConnect Inc), Partnership Interest Purchase Agreement (Fairpoint Communications Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and this Agreement may be modified or amended at any time by the Company and the Executive. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)nor shall such waiver constitute a continuing waiver.

Appears in 11 contracts

Samples: Employment Agreement (Fairpoint Communications Inc), Employment Agreement (Fairpoint Communications Inc), Employment Agreement (Fairpoint Communications Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)hereof.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Tripos Inc), Stock Purchase and Sale Agreement (Tripos Inc), Stock Purchase and Sale Agreement (Commonwealth Biotechnologies Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and this Agreement may be modified or amended at any time by the Company and Employee. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Employment Agreement (Shea Development Corp.), Employment Agreement (Shea Development Corp.), Employment Agreement (Shea Development Corp.)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)) nor shall such waiver constitute a continuing waiver.

Appears in 7 contracts

Samples: Stock Repurchase Agreement (Natural Health Trends Corp), Stock Repurchase Agreement (Natural Health Trends Corp), Stock Repurchase Agreement (Natural Health Trends Corp)

Modification and Waiver. Any of the terms or conditions of rights arising under this Agreement may be waived in writing at any time by the party that is entitled to holding the benefits thereofsame. No waiver of any of the provisions of right arising under this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof right hereunder (whether or not similar).

Appears in 5 contracts

Samples: Shareholder’s Agreement (Andina Bottling Co Inc), Shareholders’ Agreement (Andina Bottling Co Inc), Amended and Restated Shareholders' Agreement (Coca Cola Co)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that Party which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision provisions hereof (whether or not similar).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Excalibur Industries Inc), Agreement and Plan of Merger (Newmark Homes Corp), Agreement and Plan of Merger (Newmark Homes Corp)

Modification and Waiver. Any of the terms or conditions of this ------------------------ Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 3 contracts

Samples: Stock Purchase Agreement (Charys Holding Co Inc), Purchase Agreement (Charys Holding Co Inc), Pledge Agreement (Charys Holding Co Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Agreement and Plan of Merger (U S Liquids Inc), Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/)

Modification and Waiver. Any of the terms or conditions of this ----------------------- Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be he deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Digital Video Systems Inc), Asset Purchase Agreement (Digital Video Systems Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and this Agreement may be modified or amended in writing at any time by the parties hereto. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Purchasesoft Inc), Stock Purchase Agreement (Purchasesoft Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall will constitute a waiver of any other provision hereof (whether or not similar)provisions hereof.

Appears in 2 contracts

Samples: Separation Agreement and General Release (Airgate PCS Inc /De/), Mutual Release and Settlement Agreement (Resource Bancshares Mortgage 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 that which is entitled to the benefits benefit thereof. No waiver ; provided, however, that the failure of a party to exercise any of right given it hereunder, or to insist on strict compliance with all the provisions of this Agreement terms herein, shall be deemed to or shall not constitute a waiver of any other provision hereof (whether term, condition, or not similar)right under this Agreement, unless and until that party shall have confirmed any such action or inaction to be a waiver in writing.

Appears in 2 contracts

Samples: Diesel Fuel Sales Contract, dearybury.com

Modification and Waiver. Any of the terms term or conditions condition of this Agreement may be ----------------------- waived in writing at any time by the party that hereto which is entitled to the benefits thereofbenefit of such term or condition. No Any waiver of any of the provisions of this Agreement on one occasion shall not be deemed to or shall constitute be a waiver of the same or of any other provision hereof (whether breach on any future occasion. This Agreement may be modified or not similar)amended only by a writing signed by all of the parties hereto.

Appears in 2 contracts

Samples: Mohawk Industries Inc, Mohawk Industries Inc

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof, and this Agreement may be modified or amended at any time by Purchaser or Seller. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Lahaina Acquisitions Inc), 1 Stock Purchase Agreement (Mongoose Investments LLC)

Modification and Waiver. Any of the terms or conditions of this ----------------------- Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)hereof.

Appears in 2 contracts

Samples: Escrow Agreement (Iprint Com Inc), Escrow Agreement (Iprint Com Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).waiver

Appears in 1 contract

Samples: Agreement and Plan of Merger (World Access Inc /New/)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision provisions hereof (whether or not similar).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Exploration Co of Delaware Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. thereof No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that Party which is entitled to the benefits thereof. thereof No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: The Agreement (Cardiff International Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).. 14.5

Appears in 1 contract

Samples: Company Purchase Agreement (Q Seven Systems Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).. 12.5

Appears in 1 contract

Samples: Asset Purchase Agreement (Q Seven Systems Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party Party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)a continuing waiver. No supplement, modification, amendment or waiver of the terms or conditions of this Agreement shall be binding unless executed in writing by authorized representatives of the Parties hereto.

Appears in 1 contract

Samples: Asset Purchase Agreement (UniTek Global Services, Inc.)

Modification and Waiver. Any of the terms or conditions of this ----------------------- Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver wavier of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision provisions hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (Scientific Software Intercomp Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Warrant Repurchase Agreement (Tidewater Inc)

Modification and Waiver. Any of the terms term or conditions condition of this Agreement may be waived in writing at any time by the party that hereto which is entitled to the benefits thereofbenefit of such term or condition. No Any waiver of any of the provisions of this Agreement on one occasion shall not be deemed to or shall constitute be a waiver of the same or of any other provision hereof (whether breach on any future occasion. This Agreement may be modified or not similar)amended only by a writing signed by all of the parties hereto.

Appears in 1 contract

Samples: Employment Agreement (Global E Tutor Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Stock Purchase Agreement (Blanch E W Holdings Inc)

Modification and Waiver. Any of the terms or conditions of this ----------------------- Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Stock Purchase Agreement (Charys Holding Co Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that 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, or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Indemnity Escrow Agreement (3dfx Interactive Inc)

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Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that Party which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Just Energy 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 that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).,

Appears in 1 contract

Samples: Stock Purchase Agreement (Charys Holding Co Inc)

Modification and Waiver. Any of the terms term or conditions condition of this Agreement ----------------------- may be waived in writing at any time by the party that hereto which is entitled to the benefits thereofbenefit of such term or condition. No Any waiver of any of the provisions of this Agreement on one occasion shall not be deemed to or shall constitute be a waiver of the same or of any other provision hereof (whether breach on any future occasion. This Agreement may be modified or not similar)amended only by a writing signed by all of the parties hereto.

Appears in 1 contract

Samples: Settlement Agreement (First Clayton Bancshares Inc)

Modification and Waiver. Any of the terms term or conditions condition of this Agreement may ----------------------- be waived in writing at any time by the party that hereto which is entitled to the benefits thereofbenefit such term or condition. No Any waiver of any of the provisions of this Agreement on one occasion shall not be deemed to or shall constitute be a waiver of the same or of any other provision hereof (whether breach on any future occasion. This Agreement may be modified or not similar)amended only by a writing signed by all of the parties hereto.

Appears in 1 contract

Samples: Settlement Agreement (First Clayton Bancshares Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (Imcor Pharmaceutical Co)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party Party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Operating Agreement (Northern Technologies International Corp)

Modification and Waiver. Any of the terms or conditions of this ------------------------- Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Charys Holding Co Inc)

Modification and Waiver. Any of the terms or conditions of ----------------------- this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Preferred Shareholder Agreement (Law Companies Group Inc)

Modification and Waiver. Any of the terms term or conditions condition of this Agreement may be waived in writing at any time by the party that hereto which is entitled to the benefits thereofbenefit of such term or condition. No Any waiver of any of the provisions of this Agreement on one occasion shall not be deemed to or shall constitute be a waiver of the same or of any other provision hereof (whether term or not similar)condition on any future occasion. This Agreement may be modified or amended only by a writing signed by all of the parties hereto.

Appears in 1 contract

Samples: Mortgage Banking Agreement (Habersham Bancorp)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that Party which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar). This Agreement may not be amended except by a written agreement executed by the Parties.

Appears in 1 contract

Samples: Stock Purchase Agreement (Berry Plastics Corp)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be he deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).. 13.6

Appears in 1 contract

Samples: Asset Purchase Agreement Asset Purchase Agreement (Digital Video Systems Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall will be deemed to or shall will constitute a waiver of any other provision provisions hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (Oyo Geospace Corp)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof, and this Agreement may be modified or amended at any time by the Company and Consultant. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar)nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Samples: Consulting Agreement (American Home Food Products, Inc.)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits benefit thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (Builders Transport Inc)

Modification and Waiver. Any of the terms or conditions of this Escrow Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Escrow Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Escrow Agreement (Sentigen Holding Corp)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (World Access Inc /New/)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be he deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (NTN Communications Inc)

Modification and Waiver. Any of the terms or conditions of this ----------------------- Agreement may be waived in writing at any time by the party that which is entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed to or shall will constitute a waiver of any other provision hereof (whether or not similar)provisions hereof.

Appears in 1 contract

Samples: Employment Agreement (Headhunter Net Inc)

Modification and Waiver. Any of the terms or conditions of this Agreement may be waived in writing at any time by the party that is entitled to the benefits thereof. thereof No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar).

Appears in 1 contract

Samples: Asset Purchase Agreement (Insweb Corp)

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