Common use of Waiver, Amendment and Modification Clause in Contracts

Waiver, Amendment and Modification. No waiver, amendment or ---------------------------------- modification of any provision hereof shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure by either party to exercise and no delay by either party in exercising any right, power or remedy with respect to the obligations secured hereby shall operate as a subsequent waiver of any such right, power or remedy.

Appears in 11 contracts

Samples: Supply Agreement (Netcentives Inc), Supply Agreement (Netcentives Inc), Supply Agreement (Netcentives Inc)

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Waiver, Amendment and Modification. No waiver, amendment or ---------------------------------- modification of any provision hereof shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure by either party to exercise and no delay by either party in exercising any right, power or remedy with respect to the obligations secured hereby shall operate as a subsequent waiver of any such right, power or remedy.

Appears in 1 contract

Samples: Incentives Management Program Agreement (Valuestar Corp)

Waiver, Amendment and Modification. No waiver, amendment or modification ---------------------------------- modification of any provision hereof shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure by either party to exercise and no delay by either party in exercising any right, power or remedy with respect to the obligations secured hereby shall operate as a subsequent waiver of any such right, power or remedy.

Appears in 1 contract

Samples: License Agreement (Coolsavings Com Inc)

Waiver, Amendment and Modification. No waiver, amendment or ---------------------------------- modification of any provision hereof or of any right to remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure by either party to exercise and no delay by either any party in exercising any right, power or remedy with respect to the obligations secured hereby hereunder shall operate as a subsequent waiver of any such right, power or remedy.

Appears in 1 contract

Samples: Asset Purchase Agreement (Oryx Technology Corp)

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Waiver, Amendment and Modification. No waiver, amendment or ---------------------------------- modification of any provision hereof shall be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No failure by either party to exercise and no delay by either party in exercising any right, power or remedy with respect to the obligations secured hereby shall operate as a subsequent waiver of any such right, power or remedy. Notwithstanding the foregoing, subject to the terms of Section 3.3(F), Netcentives shall be entitled to amend the Manual as it deems appropriate.

Appears in 1 contract

Samples: License Agreement (Coolsavings Com Inc)

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