Common use of Waiver of Compliance; Consents Clause in Contracts

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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, party hereto, 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 12(f).

Appears in 1 contract

Samples: Asset Purchase Agreement (Iconix Brand Group, Inc.)

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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 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 a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)11.10.

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 to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, either party hereto, such consent shall will be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 12(f)16.4.

Appears in 1 contract

Samples: Asset Purchase Agreement (Allscripts Healthcare Solutions Inc)

Waiver of Compliance; Consents. Except as otherwise specifically provided in this Agreement, any failure of any of Prime and 77 WWLP, on the parties one hand, or OTR, on the other hand, to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof OTR or 77 WWLP, respectively, only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party heretohereof, 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 12(f)10.23.

Appears in 1 contract

Samples: Contribution Agreement (Prime Group Realty Trust)

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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)Section.

Appears in 1 contract

Samples: Stock Purchase Agreement (Liberty 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)Paragraph 11.

Appears in 1 contract

Samples: Bobby Allison Wireless Corp

Waiver of Compliance; Consents. Except insofar as otherwise any provision of this Agreement is expressly provided in this Agreementto be nonwaivable, any failure of any of the parties party to this agreement to comply with any obligation, representation, warranty, covenant, agreement or condition herein in this Agreement may be waived in writing by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiverother parties, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition shall not bind any non-waiving party nor shall it operate against the waiving party as a waiver of, or estoppel estoppel, with respect to, any subsequent or to other failurefailure of compliance. Whenever this Agreement requires or permits consent by or on behalf of any, any party heretoto this Agreement, 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 12(f)writing.

Appears in 1 contract

Samples: Form of Agreement and Plan of Merger (Advance Paradigm 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 or parties entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiverwaiver (and in the case of Licensee only with the consent of the Independent Trustees), but such a waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f9(c).

Appears in 1 contract

Samples: License Agreement and Acknowledgment (Chartermac)

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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)11.7.

Appears in 1 contract

Samples: Asset Purchase Agreement (Jones Intercable Inc)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of EDI on the parties one hand, or Bowmxx xx the other hand, to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by Bowmxx xx the party entitled to one hand, or EDI on the benefits thereof other hand, only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 8.3.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Electronic Designs Inc)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of Seller, on the parties one hand, or Buyer, on the other hand, to comply with any obligation, representation, warranty, 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 a duly authorized officer performance of such obligation, covenant or agreement or who has the party granting benefit of such waivercondition, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition conditions shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent consents by or on behalf of any, any party hereto, 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 12(f)above.

Appears in 1 contract

Samples: Asset Purchase Agreement (Trizetto 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, 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)7.

Appears in 1 contract

Samples: Agreement (Cyberguard Corp)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of the parties Purchaser or ACRG on the one hand, or the Company, on the other hand, to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to Company or the benefits thereof Purchaser, respectively, only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)8.3.

Appears in 1 contract

Samples: Asset Purchase Agreement (Acr Group Inc)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any The 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance compliances as set forth in this Section 12(f)17.

Appears in 1 contract

Samples: Option Agreement (Kapnick Scott)

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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, such consent shall be given in writing in a manner consistent with written instrument signed by the requirements for a waiver of compliance as set forth in this Section 12(f)party granting such consent.

Appears in 1 contract

Samples: Stock Purchase Agreement (Baker & Taylor Corp)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the parties by FNC or FirstBancorporation to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the other party entitled to the benefits thereof or parties only by a written instrument signed by a duly authorized officer of the party or parties granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 11.4.

Appears in 1 contract

Samples: Merger Agreement (First National Corp /Sc/)

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, representation, warranty, 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires requests or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 10.02, with appropriate notice in accordance with SECTION 10.06 of this Agreement.

Appears in 1 contract

Samples: Sharing and Disaffiliation Agreement (Bowlin Travel Centers 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)Article 11.6.

Appears in 1 contract

Samples: Agreement and Plan of Merger (International Card Establishment 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 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 a duly authorized officer of the party granting such 42 waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)12.10.

Appears in 1 contract

Samples: Asset Purchase Agreement (Valuevision International 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)10.5.

Appears in 1 contract

Samples: Stock Exchange Agreement (Polyphase 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, 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 a duly authorized officer of the party granting such waiver, but any such waiver or failure to insist upon strict compliance with any such obligation, representation, warranty, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure of such obligation, covenant, agreement or condition. Whenever this Agreement requires or permits consent by or on behalf of any, either party hereto, such consent shall be given in writing in a manner consistent with and signed by the requirements for a waiver of compliance as set forth in this Section 12(f)party granting such consent.

Appears in 1 contract

Samples: Asset Purchase Agreement (Designer Holdings LTD)

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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)11.11.

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 to comply with any obligation, representation, -35- 42 warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)Section.

Appears in 1 contract

Samples: Stock Purchase Agreement (Broadway & Seymour 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)8.6.

Appears in 1 contract

Samples: Asset Purchase Agreement (Autotrader Com Inc)

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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 or parties entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party or parties granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)4.02.

Appears in 1 contract

Samples: Stock Purchase Agreement (Guarantee Life Companies 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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f).11.10. 11.11

Appears in 1 contract

Samples: Asset Purchase Agreement (Paxson Communications 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, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party entitled to the benefits thereof parties hereto; provided, however, that any such waiver may be made only by a written instrument signed by a duly authorized officer of the party parties hereto and Dynegy granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)8.4, with appropriate notice in accordance with Section 8.8.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dynegy 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 a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in Section 11.10 and in this Section 12(f)11.11.

Appears in 1 contract

Samples: 1 Asset Purchase Agreement (Spanish Broadcasting System of New York 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)11.

Appears in 1 contract

Samples: Consulting and Noncompetition Agreement (Sunshine Acquisition 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)10.

Appears in 1 contract

Samples: Investment Agreement (Seacoast Banking Corp of Florida)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any failure of any of the parties party to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by whichever of the party other parties are entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiverparties, but such waiver 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 an estoppel with respect to, any subsequent failure to comply with such obligation, covenant, agreement, or other failurecondition. Whenever this Agreement requires or permits consent by or on behalf of any, party heretoany 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 12(f)Section.

Appears in 1 contract

Samples: Contribution Agreement (Ct Communications Inc /Nc)

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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 11.9.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cox Radio 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)23.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wilsons the Leather Experts 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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver or of failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition shall not operate as a waiver of, of or estoppel with respect to, to any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)10.7.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sinclair Broadcast 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, 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 a duly authorized officer of the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warrantywarranty , covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)Section.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Raser Technologies Inc)

Waiver of Compliance; Consents. Except as otherwise provided in this Agreement, any Any failure of any of Abtech on the parties one hand, or Gateway on the other hand, to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by Gateway on the party entitled to one hand, or Abtech on the benefits thereof other hand, only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 8.3.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gateway Energy Corp/Ne)

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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f)15.9.

Appears in 1 contract

Samples: Merger Agreement (Cox Radio 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 agreement, or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by a duly authorized officer of the party granting such waiver, but such waiver 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 or other failure. Whenever this Agreement requires or permits consent by or on behalf of any, any party hereto, 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 12(f).11.7. 58

Appears in 1 contract

Samples: Asset Purchase Agreement (KLIF Broadcasting, 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, representation, warranty, 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 a duly authorized officer of the party granting such waiver, but such waiver 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. Whenever this Agreement requires requests or permits consent by or on behalf of any, any party hereto, 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 12(f)SECTION 7.2, with appropriate notice in accordance with SECTION 7.7 of this Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Bowlin Travel Centers Inc)

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