Common use of Modification or Waiver Clause in Contracts

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination termination, or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination termination, or cancellation is sought. No course of dealing between or among the parties to this Agreement Parties shall be deemed to affect or to modify, amend amend, or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company New Reit or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company New Reit or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Employee in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Employee of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom who enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Consultant of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Advisor in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Advisor of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion. Any amendment hereto shall require the approval of the Board or the Compensation Committee.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Xxxxxxx in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Xxxxxxx of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing and signed by the party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of Donnkenny, the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by Donnkenny, the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Parties in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive any Party of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing and signed by the party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties to this Agreement shall be O:\Corporate Legal\SECC\8-K\2007\5-16-07 (FY07 4th qtr earnings-CFO)\XXXXX\ex993.htm deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom who enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in Machxxx xx the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of Machxxx xx any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination termination, or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination termination, or cancellation is sought. No course of dealing between or among the parties to this Agreement Parties shall be deemed to affect or to modify, amend amend, or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Employee in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Employee of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive any Enterprise Entity in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, thereof and no single or partial exercise by the Company or the Executive any Enterprise Entity of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company Corporation or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company Corporation or the Executive Consultant of any such right or remedy shall preclude other or further exercises future exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion. 12.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company Reit or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company Reit or the Executive of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom which enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Consultant of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course courses of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be the construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Consultant of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one anyone occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Consultant of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party against whom enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Consultant in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Consultant of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this ---------------------- Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom who enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company Nutraceutical or the Executive Independent Contractor in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company Nutraceutical or the Executive Independent Contractor of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination modification or cancellation waiver of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party Party (with Board approval in the case of the Company) against whom who enforcement of such amendment, modification, waiver, termination modification or cancellation waiver is sought. No course of dealing between or among the parties Parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one anyone occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive Employee in the exercise of any of their its respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive Employee of any such right or remedy shall preclude other or further exercises exercise thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

Modification or Waiver. No amendment, modification, waiver, termination ---------------------- or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.