Common use of Waiver of Provisions Clause in Contracts

Waiver of Provisions. The terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound thereby. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Fuqi International, Inc.), Asset Purchase Agreement (Koppers Holdings Inc.), Asset Purchase Agreement (Wesco International Inc)

AutoNDA by SimpleDocs

Waiver of Provisions. The terms, covenants, representations, -------------------- warranties and conditions of this Agreement may be amended, modified or of waived only by a written instrument executed by the party sought to be bound thereby. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Tower Agreement (Crown Castle International Corp), Asset Purchase and Merger Agreement (Crown Castle International Corp)

Waiver of Provisions. The provisions, terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebyhereto waiving compliance. The failure of any party hereto at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party hereto of any term or condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further further, subsequent or continuing waiver of any such term or condition or of the any subsequent breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Pinnacle Airlines Corp), Stock Purchase Agreement (Pinnacle Airlines Corp)

Waiver of Provisions. The terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebywaiving compliance. The failure of any party at any time or times to require performance of any provision of obligation under this Agreement and all other instruments and documents to be delivered pursuant hereto shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition condition, or the any breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, otherwise in any one or more instances instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Kreido Biofuels, Inc.), Asset Purchase Agreement (Four Rivers Bioenergy Inc.)

Waiver of Provisions. The provisions, terms, covenants, representations, warranties warranties, and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebyParty hereto waiving compliance. The failure of any party Party hereto at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party Party at a later date to enforce the same. No waiver by any party Party hereto of any condition or the breach of any provision, term, covenant, representation representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation representation, or warranty of this Agreement.

Appears in 2 contracts

Samples: Contribution Agreement (Xcorporeal, Inc.), Contribution Agreement (Xcorporeal, Inc.)

Waiver of Provisions. The terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebywaiving compliance. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the samesame or to enforce any future compliance with or performance of any of the provisions hereof. No waiver by any party of any condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Devlieg Bullard Inc), Asset Purchase Agreement (Hawkins Chemical Inc)

Waiver of Provisions. The terms, covenants, representations, warranties warranties, and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebywaiving compliance. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the samesame or to enforce any future compliance with or performance of any of the provisions hereof. No waiver by any party of any condition or the breach of any provision, term, covenant, representation representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Acorn Energy, Inc.)

Waiver of Provisions. The terms, covenants, representations, warranties warranties, and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by all of the party sought to be bound therebyparties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner 67 72 affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Plan and Agreement of Merger (Pioneer Standard Electronics Inc)

AutoNDA by SimpleDocs

Waiver of Provisions. The provisions, terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebyhereto waiving compliance. The failure of any party hereto at any time or 45 times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party hereto of any condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Asset Exchange Agreement (Triple Crown Media, Inc.)

Waiver of Provisions. The provisions, terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebyhereto waiving compliance. The failure of any party hereto at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party hereto of any -80 condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Stock and Membership Interest Purchase Agreement (Cenveo, Inc)

Waiver of Provisions. The terms, covenants, representations, warranties and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound thereby. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further CORPDAL:69976.6 10861-00052 50 or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Belo a H Corp)

Waiver of Provisions. The terms, covenants, representations, warranties warranties, and conditions of this Agreement may be amended, modified or waived only by a written instrument executed by the party sought to be bound therebywaiving compliance. The failure of any party hereto at any time or times to require performance of any provision of this Agreement shall in no manner affect the such party’s right of such party at a later date to enforce the samesame provision or any other provision. No waiver by any party hereto of any condition or of the breach of any provision, term, covenant, representation representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances instances, shall be deemed to be or construed as a further or continuing waiver by such party of any such condition or of the breach of any other provision, term, covenant, representation representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Prime Group Realty Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.