Modification, Waiver or Termination. Except as otherwise expressly provided in this Agreement, no modification, waiver, or termination of this Agreement, or any part hereof, shall be effective unless made in writing signed by the party or parties to be bound thereby, and no failure to pursue or elect any remedy shall constitute a waiver of any default under or breach of any provision of this Agreement, nor shall any waiver of any default under or breach of any provision of this Agreement be deemed to be a waiver of any other subsequent or similar or different default under or breach of such or any other provision or of any election or remedies available in connection therewith. Receipt by any party of any money or other consideration due under this Agreement, with or without knowledge of any breach or default, shall not constitute a waiver of such breach or default of any provision of this Agreement.
Appears in 5 contracts
Samples: Agreement (Capital Senior Living Corp), Agreement (Capital Senior Living Corp), Agreement (Capital Senior Living Corp)
Modification, Waiver or Termination. (a) Except as provided in Section 9.4 and otherwise as expressly provided in this Agreementherein, no modification, waiver, waiver or termination of this Agreement, or any part hereof, shall be effective unless made in writing and signed by the party or parties sought to be bound thereby, or its or their duly appointed attorneys-in-fact, as the case may be, and no failure to pursue or elect any remedy shall constitute a or waiver of any default under or breach of any provision of this Agreement, nor shall any waiver of with respect to any default under or breach of any provision of this Agreement shall be deemed to be a waiver of any other subsequent or similar or different default under default, breach or breach of such or any other provision provision, or of any election or of remedies available in connection therewith. Receipt by any party of any money or other consideration due under this Agreement, with or without knowledge of any breach or default, Agreement shall not constitute a waiver of such breach or default of any provision of this Agreement.
Appears in 1 contract
Modification, Waiver or Termination. Except as otherwise expressly provided in this Agreementherein, no modification, waiver, waiver or termination of this Agreement, or any part hereof, shall be effective unless made in writing and signed by the party or parties sought to be bound thereby, or its or their duly appointed attorneys-in-fact, as the case may be, and no failure to pursue or elect any remedy shall constitute a or waiver of any default under or breach of any provision of this Agreement, nor shall any waiver of with respect to any default under or breach of any provision of this Agreement shall be deemed to be a waiver of any other subsequent or similar or different default under default, breach or breach of such or any other provision provision, or of any election or of remedies available in connection therewith. Receipt by any party of any money or other consideration due under this Agreement, with or without knowledge of any breach or default, Agreement shall not constitute a waiver of such breach or default of any provision of this Agreement.
Appears in 1 contract
Modification, Waiver or Termination. Except as otherwise expressly provided in this AgreementNo amendment, no modification, waiver, waiver or termination of this Agreement, or any part hereof, shall be effective unless made in writing and signed by the each party or parties to be bound therebyhereto, and no failure to pursue or elect any remedy shall constitute a or waiver of any default under or breach of any provision of this Agreement, nor shall any waiver of with respect to any default under or breach of any provision of this Agreement shall be deemed to be a waiver of any other subsequent or similar or different default under default, breach or breach of such or any other provision provision, or of any election or of remedies available in connection therewith. Receipt by any party of any money or other consideration due under this Agreement, with or without knowledge of any breach or default, Agreement shall not constitute a waiver of such breach or default of any provision of this Agreement.
Appears in 1 contract
Samples: Agreement (Kennedy Wilson Inc)
Modification, Waiver or Termination. Except as otherwise expressly provided in this Agreement, no modification, waiver, waiver or termination of this Agreement, or any part hereof, shall be effective unless made in writing signed by the party or parties sought to be bound thereby, and no failure to pursue or elect any remedy shall constitute a waiver of any default under or breach of any provision of this Agreement, nor shall any waiver of any default under or breach of any provision of this Agreement be deemed to be a waiver of any other subsequent or similar or different default under or breach of such or any other provision or of any election or remedies available in connection therewith. Receipt by any party of any money or other consideration due under this Agreement, with or without knowledge of any breach or of default, shall not constitute a waiver of such breach or default of any provision of this Agreement.
Appears in 1 contract
Samples: Solar Thin Films, Inc.