Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 45 contracts
Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party or Parties entitled to the benefits thereof only by a written instrument signed by the Party or Parties granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 30 contracts
Samples: Unitholder Agreement (Energy Transfer Partners, L.P.), Contribution Agreement (Energy Transfer Equity, L.P.), Membership Interest and Stock Purchase Agreement (Spark Energy, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 27 contracts
Samples: Limited Liability Company Membership Interests and Stock Purchase Agreement (Dynegy Holdings Inc), Investors’ Rights Agreement (Oxford Resource Partners LP), Investors’ Rights Agreement (Quest Resource Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 25 contracts
Samples: Asset Sale Agreement (EnergySolutions, Inc.), Credit Support Agreement (EnergySolutions, Inc.), Asset Purchase Agreement (New York State Electric & Gas Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 19 contracts
Samples: Contribution Agreement (Insignia Properties Lp), Contribution Agreement (Insignia Properties Lp), Contribution Agreement (Insignia Financial Group Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 15 contracts
Samples: Contribution Agreement (Triangle Petroleum Corp), Contribution Agreement (Triangle Petroleum Corp), Contribution Agreement (Triangle Petroleum Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties either Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 14 contracts
Samples: Asset Purchase Agreement (WPS Resources Corp), Asset Purchase Agreement (Nv Energy, Inc.), Joint Purchase and Sale Agreement
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 7.2.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by performance of such obligation, covenant or agreement or who has the Party granting benefit of such waivercondition, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, or agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Dialpoint Communications Corp), Business Purchase and Sale Agreement (Smack Sportswear), Asset Purchase Agreement (Yankee Dynamo Steel Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits benefit thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure. Whenever this Agreement requires or permits the consent of any party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 9.3.
Appears in 8 contracts
Samples: Exchange Agreement (Wellness Center USA, Inc.), Exchange Agreement (Wellness Center USA, Inc.), Exchange Agreement (Wellness Center USA, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party Person or Persons entitled to the benefits thereof only by a written instrument signed by the Party Person or Persons granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 7 contracts
Samples: Membership Interest Purchase Agreement (Frank's International N.V.), Membership Interest Purchase Agreement (Aveanna Healthcare Holdings, Inc.), Membership Interest Purchase Agreement (New York Mortgage Trust Inc)
Waiver of Compliance; Consents. Except as otherwise provided in ------------------------------ this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 7 contracts
Samples: Asset Sale Agreement (Sierra Pacific Power Co), Securities Purchase Agreement (MRS Fields Holding Co Inc), Asset Sale Agreement (Sierra Pacific Power Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 8.2.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by performance of such obligation, covenant or agreement or who has the Party granting benefit of such waivercondition, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, or agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 7 contracts
Samples: Asset Purchase and License Agreement (Intrac Inc), Asset Exchange Agreement (Monster Offers), Asset Exchange Agreement (Monster Offers)
Waiver of Compliance; Consents. Except as otherwise provided in this AgreementTo the extent permitted by applicable Law, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition set forth herein may be waived by the Party entitled to the benefits benefit thereof only by a written instrument signed by the Party granting such waiverParty, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewith.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Delmarva Power & Light Co /De/), Asset Transfer Agreement (Conectiv), Purchase and Sale Agreement (Delmarva Power & Light Co /De/)
Waiver of Compliance; Consents. Except as otherwise provided in this AgreementTo the extent permitted by applicable Law, any failure of any of the Parties to comply with any obligationrepresentation, warranty, covenant, agreement or condition set forth herein may be waived by the Party entitled to the benefits benefit thereof only by a written instrument signed by the Party granting such waiverParty, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewiththerewith or of any other provision set forth herein.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (PPL Energy Supply LLC), Purchase and Sale Agreement (PPL Energy Supply LLC), Purchase and Sale Agreement (Potomac Electric Power Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 10.2.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver performance of such obligation, covenant, or agreement or who has the benefit of such condition, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Biomar International Inc), Stock Purchase Agreement (Katz David), Stock Purchase Agreement (Paracelsian Inc /De/)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 5 contracts
Samples: Stock Purchase Agreement (PLD Telekom Inc), Asset Exchange Agreement (PLD Telekom Inc), Stock Purchase Agreement (Cable & Wireless PLC)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 11.2.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver performance of such obligation, covenant, or agreement or who has the benefit of such condition, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 5 contracts
Samples: Purchase Stock Agreement (Biolynx Com Inc), Stock Pledge Agreement by And (Legacy Brands Inc), Purchase Stock Agreement (Biolynx Com Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Services Agreement, any failure of any of the Parties either Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Aquila Inc), Asset Purchase Agreement (Empire District Electric Co), Asset Purchase Agreement (Aquila Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Briggs & Stratton Corp), Stock and Asset Purchase Agreement (Bel Fuse Inc /Nj), Asset Purchase Agreement (Idt Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Pennsylvania Electric Co), Purchase and Sale Agreement (Pennsylvania Electric Co), Purchase and Sale Agreement (Pennsylvania Electric Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party party or parties entitled to the benefits thereof only by a written instrument signed by the Party party or parties granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Commerce One Inc / De/), Asset Purchase Agreement (Tetralogic Pharmaceuticals Corp), Stock and Asset Purchase Agreement (Insilco Technologies Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 4 contracts
Samples: Joint Venture Agreement (Valueone Inc), Operating Agreement (Allegiance Telecom Inc), Transition Services Agreement (Pac-West Telecomm Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 6.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by performance of such obligation, covenant or agreement or who has the Party granting benefit of such waivercondition, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, or agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 4 contracts
Samples: Share Purchase Agreement (Reshoot Production CO), Share Purchase Agreement (General Cleaning & Maintenance), Purchase Agreement (EnzymeBioSystems)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any (a) Any failure of any of the Parties party to this Agreement to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed executed by the Party granting such waivereach other party to this Agreement, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 4 contracts
Samples: Agreement (Lasalle Re Holdings LTD), Agreement (Trenwick Group Inc), Agreement (Trenwick Group Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties parties hereto to comply with any obligation, covenant, agreement or condition contained herein may be waived in writing by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverother parties hereto, respectively, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithother failure.
Appears in 4 contracts
Samples: Stock Purchase Agreement (United Financial Holdings Inc), Escrow Agreement (Illinois Superconductor Corporation), Stock Purchase Agreement (United Financial Holdings Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition contained herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Polyvision Corp), Stock Purchase Agreement (Suiza Foods Corp), Merger Agreement (Safety Insurance Group Inc)
Waiver of Compliance; Consents. Except as otherwise provided in Any provision of this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein Agreement may be waived by the Party party or parties entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Visant Corp), Agreement and Plan of Merger (Visant Corp), Stock Purchase Agreement (RR Donnelley & Sons Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 3 contracts
Samples: Contribution Agreement (OCI Partners LP), Contribution Agreement (OCI Partners LP), Contribution Agreement
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Global Secure Corp.), Limited Liability Company Interest Purchase Agreement (Valuevision Media Inc), Asset Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. (a) Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Purchase Agreement (Williams Companies Inc), Purchase Agreement (Global Infrastructure Investors II, LLC)
Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mediacom LLC), Asset Purchase Agreement (Mediacom Capital Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.insist upon strict compliance
Appears in 2 contracts
Samples: Asset Purchase Agreement (Pg&e Corp), Asset Purchase Agreement (New England Electric System)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived waived, in whole or in part, by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 2 contracts
Samples: Asset Sale Agreement (CMS Energy Corp), Asset Sale Agreement (CMS Energy Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement or any Transaction Document may be waived by the Party or Parties entitled to the benefits thereof only by a written instrument signed by the Party or Parties granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Contribution Agreement (Azure Midstream Partners, Lp), Contribution Agreement
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived in writing by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverother Parties, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure or other failure. Whenever this Agreement requires or permits consent by or on behalf of any Party, such consent will be given in writing to comply therewithbe effective.
Appears in 2 contracts
Samples: Share Purchase Agreement (Digital Turbine, Inc.), Stock Purchase Agreement (Digital Turbine, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Rochester Gas & Electric Corp), Purchase and Sale Agreement (Opta Food Ingredients Inc /De)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties party to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverother benefited parties, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Operations Agreement (H&r Block Inc), Governance and Operations Agreement (H&r Block Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure or other failure. Notwithstanding anything in this Agreement to comply therewiththe contrary, the condition set forth in Section 8.3(d) cannot be waived by the Seller.
Appears in 2 contracts
Samples: Acquisition Agreement (Allegheny Energy Inc), Acquisition Agreement (Monongahela Power Co /Oh/)
Waiver of Compliance; Consents. Except as otherwise provided ------------------------------ in this Agreement, any failure of any of the Parties to party hereto comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (National Realty L P), Agreement and Plan of Reorganization (American Realty Trust Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Northland Cable Television Inc), Asset Purchase Agreement (Northland Cable Properties Seven Limited Partnership)
Waiver of Compliance; Consents. Except as otherwise provided in this AgreementTo the extent ------------------------------ permitted by applicable Law, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition set forth herein may be waived by the Party entitled to the benefits benefit thereof only by a written instrument signed by the Party granting such waiverParty, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewith.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Conectiv), Purchase and Sale Agreement (Atlantic City Electric Co)
Waiver of Compliance; Consents. Except as otherwise provided in this AgreementTo the extent -------------------------------- permitted by applicable Law, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition set forth herein may be waived by the Party entitled to the benefits benefit thereof only by a written instrument signed by the Party granting such waiverParty, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewith.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Conectiv), Purchase and Sale Agreement (Atlantic City Electric Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof hereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Abm Industries Inc /De/), Sale Agreement (Abm Industries Inc /De/)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Algonquin Power & Utilities Corp.), Stock Purchase Agreement (Algonquin Power & Utilities Corp.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Contribution Agreement (WESTMORELAND COAL Co), Purchase Agreement (Ezcorp Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Aquila Inc), Agreement and Plan of Merger (Public Service Co of New Mexico)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Sourcecorp Inc), Debenture Redemption Agreement (Neomedia Technologies Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party or Parties entitled to the benefits thereof only by a written instrument signed by the Party or Parties granting such waiver, but any such waiver to any failure of or default in, or failure to insist upon strict compliance with, such obligation, covenant, covenant agreement or condition shall in this Agreement will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply therewithby such Party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Nexeo Solutions Holdings, LLC), Stock Purchase Agreement (Nexeo Solutions Holdings, LLC)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any 13.2.1 Any failure of any of the Parties party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver performance of such obligation, covenant, or agreement or who has the benefit of such condition, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Employment Agreement (Intercell International Corp), Stock Purchase Agreement (Utah Medical Products Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 2 contracts
Samples: Intellectual Property License Agreement (Printpack Inc), Reorganization Agreement (Printpack Inc)
Waiver of Compliance; Consents. Except as otherwise -------------------------------- specifically provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein 35 in this Agreement may be waived by the Party or Parties entitled to the benefits thereof only by a written instrument signed by the Party or Parties granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Stock Purchase Agreement (Applied Dna Sciences Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or previous failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, covenant or agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, covenant or agreement or condition shall not operate as a waiver of, or estoppel with respect to, ; any subsequent failure or other failure. Same rule applies to comply therewithconditions and terms established in benefit only of one of the Parties.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties either Party to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply therewithcomply.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure. 9.3.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties one party to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof other party only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the Party party granting such waiver. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithconsent must be given in writing.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure. 10.3.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided ------------------------------------- in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.74
Appears in 1 contract
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Asset Purchase Agreement (Shenandoah Telecommunications Co/Va/)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties Party to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Samples: Dissolution Agreement (Dynegy Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties Party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Anadarko Petroleum Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any either of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties Party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Partnership Interest Purchase Agreement (America First Multifamily Investors, L.P.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenantrepresentation, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.warranty,
Appears in 1 contract
Samples: Asset Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Management Services Agreement (Capital Growth Systems Inc /Fl/)
Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pp&l Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a party to comply ------------------------------ with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof other party; provided, that any such waiver may be made only by a specific -------- written instrument signed by the Party party granting such waiver, but any such . Such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Edison Mission Energy)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.only
Appears in 1 contract
Samples: Asset Purchase Agreement (Entercom Communications Corp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties a party to comply with any obligationrepresentation, warranty, covenant, agreement or condition contained herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties parties to -------------------- comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by (i) the Party party granting such waiverwaiver and (ii) the Escrow Agent, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Stock Purchase Agreement (Transtech Industries Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. 62 WA 4941984.13 WCSR 32390522v12
Appears in 1 contract
Samples: Agreement and Plan of Merger (Heartland Payment Systems Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, Any covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof parties hereto, respectively, only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition conditions shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure nor effect indemnification with respect to comply therewithsubsequent failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties a Party to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed and delivered by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Agreement for Purchase of Membership Interests (Advanced Emissions Solutions, Inc.)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties Party to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this AgreementAmendment, any failure of any either of the Parties parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. (c)
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this -------------------- Agreement, any failure of any of the Parties parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiverthereof, but any such waiver of or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Asset Purchase Agreement (Frontiervision Holdings Lp)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties either Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. KCP-4595185-1 3 PUBLIC GLH Ex. R. 2.02.pdf
Appears in 1 contract
Samples: Management Services Agreement
Waiver of Compliance; Consents. Except as otherwise specifically ------------------------------ provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this ------------------------------ Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party or parties entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect failure to, any subsequent failure to comply therewith.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any The failure of any of the Parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any . Any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. Section 11.7
Appears in 1 contract
Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligationobliga tion, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Call Option Agreement (Orange & Rockland Utilities Inc)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement covenant or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party party or parties entitled to the benefits thereof only by a written instrument signed by the Party party or parties granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Equity Restructuring Agreement (American Midstream Partners, LP)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any The failure of any of ------------------------------ the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any . Any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Exhibit 11 Agreement Regarding Stock Issuance (Cyprus Amax Minerals Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Management Agreement, any failure of any of the Parties party to comply with any obligation, covenant, agreement covenant or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, to any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Icg Communications Inc /De/)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any No failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party entitled to the benefits thereof only except by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure. 12.6.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties either Party or Parent to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party or Parent, as the case may be, entitled to the benefits thereof only by a written instrument signed by the Party or Parent, as the case may be, granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Asset Purchase Agreement (Public Service Co of New Mexico)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the Parties parties to comply with any obligation, covenant, agreement or condition herein may be waived by the Party party entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. 11.3
Appears in 1 contract
Samples: Asset Purchase Agreement (Bangor Hydro Electric Co)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any The failure of any of the Parties to comply with any obligationobligations, covenantagreements, agreement covenants, undertakings or condition conditions herein may be waived by the Party entitled to the benefits thereof only by a written instrument signed by the Party granting such waiver, but any . Any such waiver of or failure to insist upon strict compliance with such obligationobligations, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the Party party or parties entitled to the benefits thereof only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, ; or estoppel with respect to, any subsequent failure to comply therewithor other failure.
Appears in 1 contract
Samples: Plan of Reorganization and Agreement of Merger (Sullivan Thomas H)
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof other Party; provided, however, that any such waiver may be made only by a written instrument writing signed by the Party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. Пункт 9.3
Appears in 1 contract
Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the Parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the Party entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the Party party granting such waiver, but any such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent failure to comply therewith.or other failure. Whenever this Agreement requires or permits
Appears in 1 contract
