Common use of Waiver; Amendment; Modification Clause in Contracts

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall be effective only with respect to the specific obligation described in that waiver.

Appears in 14 contracts

Samples: Supply Agreement (Bioprogress PLC), Consulting Agreement (NYXIO TECHNOLOGIES Corp), Consulting Agreement (NYXIO TECHNOLOGIES Corp)

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Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall will be effective only with respect to the specific obligation described in that waiver.

Appears in 4 contracts

Samples: S Agreement (Ultrastrip Systems Inc), Bowvau Distribution Agreement (Open Door Online Inc), Exclusive Distribution Agreement (Open Door Online Inc)

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless it is in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by on the part of the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreementwithin. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that ; such waiver shall will be effective only with respect to the specific obligation described in that waivertherein.

Appears in 2 contracts

Samples: Software License Agreement, Theater Agreement (Super League Gaming, Inc.)

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that such waiver shall will be effective only with respect to the specific obligation described in that waiver.

Appears in 1 contract

Samples: Exclusive Licensing Agreement (L L Brown International Inc)

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party under this Agreement agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall will be effective only with respect to the specific obligation described in that waiver.

Appears in 1 contract

Samples: Custom Software Development and License Agreement (College Bound Student Alliance Inc)

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will shall be effective unless in writing and signed by the party Party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party Party of any default in performance by the other party Party under this Agreement or of any breach or series of breaches by the any other party Party of any of the terms or conditions of this Agreement shall constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party Party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other partytwo Parties, and that waiver shall be effective only with respect to the specific obligation described in that waiver.

Appears in 1 contract

Samples: SLJW Consultants Fulfillment Agreement

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Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any nay obligation required of a party Party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall will be effective only with respect to the specific obligation described in that waiver.

Appears in 1 contract

Samples: Exclusive Distribution Agreement (Open Door Online Inc)

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall will constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreement. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall will be effective only with respect to the specific obligation described in that waiver.. 14.2

Appears in 1 contract

Samples: Distribution Agreement

Waiver; Amendment; Modification. No waiver, amendment or modification, including those by custom, usage of trade, or course of dealing, of any provision of this Agreement will be effective unless in writing and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No waiver by any party of any default in performance by on the part of the other party under this Agreement or of any breach or series of breaches by the other party of any of the terms or conditions of this Agreement shall constitute a waiver of any subsequent default in performance under this Agreement or any subsequent breach of any terms or conditions of that Agreementwithin. Performance of any obligation required of a party under this Agreement may be waived only by a written waiver signed by a duly authorized officer of the other party, that waiver shall be effective only with respect to the specific obligation described in that waivertherein.

Appears in 1 contract

Samples: Oem / Remarketing Agreement (Photoloft Com)

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