Common use of MODIFICATION, TERMINATION OR WAIVER Clause in Contracts

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 23 contracts

Samples: Stock Purchase Agreement (Entrada Networks Inc), Stock Purchase Agreement (Entrada Networks Inc), Purchase Agreement (Pioneer Power Solutions, Inc.)

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MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision provisions hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 8 contracts

Samples: Agreement of Share Exchange (House of BODS Fitness, Inc.), Agreement of Share Exchange (House of BODS Fitness, Inc.), Agreement of Share Exchange and Purchase and Sale (New Pacific Ventures Inc)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time anytime or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Intermountain Refining Co Inc), Stock Purchase Agreement (Intermountain Refining Co Inc), Stock Purchase Agreement (Unico Inc /Nm/)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving complianceboth parties. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Xeta Corp), Stock Purchase Agreement (Xeta Corp)

MODIFICATION, TERMINATION OR WAIVER. This The provisions of this Agreement may only be amended, modified, superseded amended or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only waived by a written instrument executed signed by Trauber and the party waiving complianceCompany that expressly refers to the provisions being amended or waived. The failure of any party at any time or times to require the performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 1 contract

Samples: Agreement (Star Gas Partners Lp)

MODIFICATION, TERMINATION OR WAIVER. This The Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party Party waiving compliance. The failure of any party Party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party Party at a later time to enforce the same.

Appears in 1 contract

Samples: Stock Purchase (Spongetech Delivery Systems Inc)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no 28 manner affect the right of such party at a later time to enforce the same.

Appears in 1 contract

Samples: Asset Purchase Agreement (Electric & Gas Technology Inc)

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MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminatedsuperseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (World Commerce Online Inc)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be maybe waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Maui General Store Inc)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may only be amended, modified, superseded or terminatedterminated in writing, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same.. 9.4

Appears in 1 contract

Samples: Stock Purchase Agreement (Tropical Sportswear International Corp)

MODIFICATION, TERMINATION OR WAIVER. This Agreement may be amended, modified, superseded or terminated, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provision provisions hereof shall in no manner affect the right of such party at a later time to enforce the same.. 11.4

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Global Entertainment Holdings/Equities Inc)

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