Common use of Waiver of Compliance Clause in Contracts

Waiver of Compliance. Any failure of Buyer on the one hand, or Seller, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound thereby, but such waiver 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 other failure.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Commodore Media Inc), Asset Purchase Agreement (Capstar Broadcasting Partners Inc), Asset Purchase Agreement (Ross Technology Inc)

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Waiver of Compliance. Any failure of Buyer Buyer, on the one hand, or Seller, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound thereby, but such waiver 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 other failure.

Appears in 3 contracts

Samples: Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (Coinstar Inc)

Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or SellerBuyer, on the other hand, to comply with any an obligation, covenant, agreement, agreement or condition contained herein in this Purchase Agreement may be expressly waived only if set forth in an instrument in writing signed by the party or parties to be bound therebynon-failing Party, but such waiver 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 or other failure.

Appears in 3 contracts

Samples: Purchase Agreement (Magellan Midstream Partners Lp), Purchase Agreement (Buckeye Partners, L.P.), Purchase Agreement (Buckeye Partners, L.P.)

Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or SellerBuyer, on the other hand, to comply with any an obligation, covenant, agreement, agreement or condition contained herein may in this Purchase Agreement must be expressly waived only if set forth in an instrument in writing signed by the party or parties to be bound therebynon-failing Party, but such waiver 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 or other failure.

Appears in 3 contracts

Samples: Purchase Agreement (PBF Logistics LP), Purchase Agreement (PBF Logistics LP), Purchase Agreement

Waiver of Compliance. Any failure of the Buyer on the one hand, or Sellerthe Company, on the other hand, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound therebyby such waiver, but such waiver 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 other failure.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Zayo Group LLC), Agreement and Plan of Merger (Zayo Group LLC)

Waiver of Compliance. Any failure of Buyer on the one hand, or Seller, on the other one -------------------- hand, or Purchaser, on the other, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by the party Purchaser or parties to be bound therebySeller, respectively, but such waiver 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 or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pantry Inc), Stock Purchase Agreement (Sandhills Inc)

Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or SellerBuyer, on the other handother, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by the party President or parties to be bound therebyother authorized officer of Buyer or Seller, respectively, but such waiver 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 or other failure.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Shiloh Industries Inc), Asset Purchase Agreement (Shiloh Industries Inc)

Waiver of Compliance. Any failure of Buyer the Company, on the one hand, or the Seller or Seller's Parent, on the other hand, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be waived by the Seller on behalf of the Seller Group or the Company, as the case may be, only if set forth in an by a written instrument in writing signed by the party or parties to be bound therebygranting such waiver, but such waiver 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 or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cobalt Corp), Stock Purchase Agreement (American Medical Security Group Inc)

Waiver of Compliance. Any failure of Buyer on the one hand, or Sellerthe Company, Seller or a Former Stockholder, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound therebyby such waiver, but such waiver 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 other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Trammell Crow Co)

Waiver of Compliance. Any failure of Buyer on the one hand, or the Company or Seller, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound therebyby such waiver, but such waiver 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 other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Capstar Communications Inc)

Waiver of Compliance. Any failure of Buyer on the one hand, or Sellerthe Company or a Selling Stockholder, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound therebyby such waiver, but such waiver 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 other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Capstar Broadcasting Partners Inc)

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Waiver of Compliance. Any failure of Buyer on the one hand, or Seller, on the other hand, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound thereby, but such waiver 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 other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odyssey Healthcare Inc)

Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller, Purchaser on the other hand, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by the other party or parties to be bound therebyparties, as the case may be, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of any subsequent or estoppel with respect to, any other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Big Flower Holdings Inc)

Waiver of Compliance. Any failure of Buyer on the one hand, or Sellerthe Company or a Selling Stockholder, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound therebyby such waiver, but such waiver 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 other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Capstar Broadcasting Partners Inc)

Waiver of Compliance. Any failure of Buyer Purchaser on the one hand, or Seller, on the other hand, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by the party Seller or parties to be bound therebyPurchaser, but such waiver 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 or other failure.. 8.3

Appears in 1 contract

Samples: 723 Debenture Purchase Agreement Debenture Purchase Agreement (Chiron Corp)

Waiver of Compliance. Any failure of Buyer on the one hand, or Sellerany member of the Selling Group, on the other hand, to comply with any obligation, covenant, agreement, or condition contained herein may be waived only if set forth in an instrument in writing signed by the party or parties to be bound thereby, but such waiver 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 other failure. 12.5.

Appears in 1 contract

Samples: Asset Purchase Agreement (Capstar Broadcasting Partners Inc)

Waiver of Compliance. Any failure of Buyer the Sellers or the Company, on the one hand, or SellerPurchaser, on the other handother, to comply with any obligation, covenant, agreement, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by Purchaser or Sellers and the party or parties to be bound therebyCompanies, but respectively; provided, however, such waiver 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 or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sierra Well Service Inc)

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