Common use of Waiver, Discharge, etc Clause in Contracts

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it or the right of either party after any such failure to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 17 contracts

Samples: License Agreement (Bioxytran, Inc), License Agreement (Bioxytran, Inc), License Agreement (Salient Surgical Technologies, Inc.)

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Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 17 contracts

Samples: Management Transfer Agreement (Assisted 4 Living, Inc.), Management Transfer Agreement (Assisted 4 Living, Inc.), Management Transfer Agreement (Assisted 4 Living, Inc.)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, waived, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way be construed to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 10 contracts

Samples: Purchase Agreement (American Skiing Co /Me), Purchase Agreement (American Skiing Co /Me), Purchase Agreement (American Skiing Co /Me)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement Parties hereto by their duly authorized representatives. The failure of either party any Party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Nautilus, Inc.), Asset Purchase Agreement (Nautilus, Inc.), Asset Purchase Agreement (Nautilus, Inc.)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, waived, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement Parties by their duly authorized representatives. The failure of either party any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor or in any way be construed to affect the validity of this Agreement or any part of it thereof or the right of either party after any such failure Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Peak Resorts Inc), Stock Purchase Agreement (Peak Resorts Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed changed, amended or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized officers or representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Select Medical Corp), Stock Purchase Agreement (Select Medical Corp)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement by their duly authorized representativeshereto. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Finwise Bancorp), Membership Interest Purchase Agreement (Finwise Bancorp)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized officers of representatives. The failure of either any party thereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. The illegality or partial illegality of any provision of this Agreement in any country shall not affect the validity of this Agreement or any provision hereof in any other country.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Concord Efs Inc)

Waiver, Discharge, etc. This Agreement and its exhibits and schedules may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of or any breach of this Agreement agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Correctional Services Corp)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed changed, or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto and in the case of the COMPANY by their its duly authorized officers or representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provisionprovisions, nor in any way to affect effect the validity of this Agreement or any part of it thereof, or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Stock Option Agreement (Holiday Rv Superstores Inc)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement herein by their duly authorized representativesofficer of representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Arbor Health Care Co /De/)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by IHS on behalf of each of the parties to this Agreement itself and Seller and by their duly authorized representativesBuyer. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pharmerica Inc)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement by their duly authorized representativeshereto. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of off this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan (Daleco Resources Corp)

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Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either party to enforce enforce, at any time time, any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it or the right of either party after any such failure to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Royalty Agreement (Ev3 Inc.)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The delay or failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Operations Transfer Agreement (Selectis Health, Inc.)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their its duly authorized representativesofficer or representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Property Purchase Agreement (Integrated Health Services Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (CurAegis Technologies, Inc.)

Waiver, Discharge, etc. This Agreement may not Agreemxxx xxxxx xxx be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Integrated Health Services Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly duty authorized representatives. The failure of either party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it or the right of either party after any such failure to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: License Agreement (Ev3 Inc.)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer of representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Arbor Health Care Co /De/)

Waiver, Discharge, etc. This Agreement and its Exhibits and Schedules may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Transamerican Refining Corp)

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