Common use of Waiver; Amendment; Modification Clause in Contracts

Waiver; Amendment; Modification. The waiver by either party of a term or provision of this Agreement, or of a breach of any provision of this Agreement, shall not be effective unless such waiver is in writing signed by the party against whom enforcement is sought. No waiver by either party of, or consent by either party to, a breach by the other party, will constitute a waiver of, consent to or excuse of any other or subsequent breach by such party. This Agreement may be amended or modified only with the written consent of both parties. No oral waiver, amendment or modification shall be effective under any circumstances whatsoever.