Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.
Appears in 20 contracts
Samples: License Agreement (Zai Lab LTD), License Agreement (Elixir Pharmaceuticals, Inc.), Collaboration, Development and License Agreement (Zai Lab LTD)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 16 contracts
Samples: License and Collaboration Agreement (Globeimmune Inc), Option and License Agreement (Curis Inc), License and Collaboration Agreement (Globeimmune Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe Parties.
Appears in 15 contracts
Samples: Master Collaboration Agreement (Prothena Corp PLC), License Agreement (Cogent Biosciences, Inc.), Collaboration Agreement (Immatics N.V.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoeach of the Parties.
Appears in 9 contracts
Samples: License Agreement (Homology Medicines, Inc.), License Agreement (Biohaven Pharmaceutical Holding Co Ltd.), License Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all both Parties hereto.
Appears in 7 contracts
Samples: Guanfacine License Agreement (Supernus Pharmaceuticals Inc), Sublicense Agreement (Shuttle Pharmaceuticals Holdings, Inc.), Guanfacine License Agreement (Supernus Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any provision hereunder or of any breach of any provision hereof shall not be deemed to be a continuing waiver or a waiver of any other breach of such provision (or any other provision) on such occasion or any succeeding occasion.
Appears in 7 contracts
Samples: Strategic Collaboration Agreement (Aimmune Therapeutics, Inc.), Research Collaboration and Option Agreement (Seres Therapeutics, Inc.), Strategic Collaboration Agreement (Aimmune Therapeutics, Inc.)
Waivers and Modifications. The failure of any Party party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe party to be bound by such waiver, modification, release or amendment.
Appears in 6 contracts
Samples: Hardware and Disposables Manufacturing Agreement (Vimrx Pharmaceuticals Inc), Royalty Agreement (Nexell Therapeutics Inc), Sales and Distribution Agreement (Vimrx Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all the Parties heretoagainst whom enforcement is sought.
Appears in 6 contracts
Samples: Master Research and Collaboration Agreement (Jounce Therapeutics, Inc.), License Agreement (Juno Therapeutics, Inc.), License Agreement (Forma Therapeutics Holdings, Inc.,)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties hereto.. ********* (Signature page follows)
Appears in 5 contracts
Samples: Expansion Agreement (Amgen Inc), Collaboration Agreement and License Option (Capricor Therapeutics, Inc.), Collaboration Agreement (Amgen Inc)
Waivers and Modifications. The failure of any Party party to insist on the ------------------------- performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe other party to be bound by such waiver, modification, release or amendment.
Appears in 5 contracts
Samples: Sublicense Agreement (Nexell Therapeutics Inc), Sublicense Agreement (Nexell Therapeutics Inc), Sublicense Agreement (Nexell Therapeutics Inc)
Waivers and Modifications. The failure of any Party party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe party to be bound by such waiver, modification, release or amendment.
Appears in 4 contracts
Samples: Second Bd Sublicense Agreement (Vimrx Pharmaceuticals Inc), Chiron Sublicense Agreement (Vimrx Pharmaceuticals Inc), Bd Sublicense Agreement (Vimrx Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties parties hereto.
Appears in 3 contracts
Samples: License Agreement (Intermune Inc), License Agreement (Avi Biopharma Inc), Stock Purchase Agreement (Avi Biopharma Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties heretothe Parties.
Appears in 3 contracts
Samples: Collaboration and License Agreement (IGM Biosciences, Inc.), Collaboration and License Agreement (Nurix Therapeutics, Inc.), Collaboration, Option and License Agreement (Nurix Therapeutics, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.. ********* (Signature page follows)
Appears in 3 contracts
Samples: License Agreement (Amgen Inc), License Agreement (Amgen Inc), Exclusive License and Collaboration Agreement (Amgen Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall is not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall is not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties hereto.
Appears in 3 contracts
Samples: License Option and Exclusive License Agreement (Zomedica Pharmaceuticals Corp.), Exclusive License and Commercialization Agreement (Therapeutics Acquisition Corp.), Exclusive License and Commercialization Agreement (Therapeutics Acquisition Corp.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all both Parties hereto.
Appears in 2 contracts
Samples: Share Purchase Agreement (Xenetic Biosciences, Inc.), Share Purchase Agreement (Xenetic Biosciences, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties hereto.
Appears in 2 contracts
Samples: Collaboration Agreement (Amgen Inc), Collaboration Agreement (Amgen Inc)
Waivers and Modifications. The failure of any Party party to insist on the ------------------------- performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe other party to be bound by such waiver, modification, release or amendment.
Appears in 2 contracts
Samples: Supply Agreement (Nexell Therapeutics Inc), Distribution and License Agreement (Nexell Therapeutics Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth of the Parties.
Appears in 2 contracts
Samples: Collaboration and Option Agreement (OncoMed Pharmaceuticals Inc), Collaboration and Option Agreement (OncoMed Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation obligation, or the failure or delay to exercise any remedy, right, power or privilege, hereunder shall not be deemed to be a waiver of such obligation, remedy, right, power or privilege. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all the Parties hereto.
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Syndax Pharmaceuticals Inc), Development and Commercialization Agreement (Syndax Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiverNo, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 2 contracts
Samples: Development and License Agreement (CureVac B.V.), Development and License Agreement (CureVac B.V.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.. ********* (Signature page immediately follows)
Appears in 1 contract
Samples: Supply Agreement (Amgen Inc)
Waivers and Modifications. The failure of any Party party hereto to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe party to be bound by such waiver, modification, release or amendment.
Appears in 1 contract
Samples: Non Competition and Confidentiality Agreement (Vimrx Pharmaceuticals Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.
Appears in 1 contract
Samples: Collaboration Agreement (Amgen Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under under, or provision of of, this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 1 contract
Samples: Collaboration Agreement (NanoString Technologies Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiverThis Agreement may be amended, modificationor any term hereof modified or waived, release or amendment only by a written instrument duly executed by authorized representative(s) of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all both Parties hereto.
Appears in 1 contract
Samples: Master Collaboration Agreement (Ikena Oncology, Inc.)
Waivers and Modifications. The failure of any Party party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe parties against whom enforcement is sought.
Appears in 1 contract
Samples: Assignment and Joinder Agreement (Celgene Rivot LTD)
Waivers and Modifications. 16.18.1 The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all the Parties hereto.
Appears in 1 contract
Samples: License and Development Agreement (Galena Biopharma, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.
Appears in 1 contract
Samples: Collaboration and Option Agreement (Cytokinetics Inc)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Restated Agreement shall be valid or effective unless in writing and signed by all both Parties hereto.
Appears in 1 contract
Samples: Amended and Restated Agreement (Marinus Pharmaceuticals Inc)
Waivers and Modifications. The failure of any either Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 1 contract
Waivers and Modifications. The failure of any a Party to insist on the performance of any obligation hereunder shall by the other Party will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision provision, or of any breach of any other provision on such occasion or any succeeding other occasion. No Subject to Section 2.8 (Limitations on Authority to Amend or Modify), no waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 1 contract
Samples: Collaboration and License Agreement (Translate Bio, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties hereto.
Appears in 1 contract
Samples: Exclusive License Agreement (Eagle Pharmaceuticals, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation or to exercise any right hereunder shall not be deemed to be a waiver of such obligation, in whole or in part, or impart that provision. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe Parties.
Appears in 1 contract
Samples: Development and Commercialization Agreement (Immatics N.V.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.the Parties. Choice of Law; Waiver of Jury Trial; Dispute Resolution; Jurisdiction
Appears in 1 contract
Samples: License Agreement (Agenus Inc)
Waivers and Modifications. The failure of any either Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties heretothe Parties.
Appears in 1 contract
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties heretothe Parties.
Appears in 1 contract
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoboth Parties.
Appears in 1 contract
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding other occasion. No waiver, modification, release or amendment of any right or obligation under or provision of this Agreement shall will be valid or effective unless in writing and signed by all Parties hereto.. ********* (Signature page follows) 105
Appears in 1 contract
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation obligation, term, provision or condition hereunder shall not be deemed to be a waiver of such obligation, term, provision or condition. Waiver of any breach of any obligation, term, provision hereof or condition hereunder shall not be deemed to be a waiver of any other breach of such obligation, term, provision or condition or any other provision on such occasion or any succeeding occasion. No waiver, modification, release release, or amendment of any obligation under obligation, term, provision or provision condition of this Agreement shall be valid or effective unless in writing and signed by all Parties heretoeach of the Parties.
Appears in 1 contract
Samples: Research Collaboration Agreement (Omega Therapeutics, Inc.)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasionprovision. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties heretothe Party to be bound by such waiver, modification, release or amendment.
Appears in 1 contract
Samples: Developmental Collaboration Agreement (Urogen Corp)
Waivers and Modifications. The failure of any Party to insist on the performance of any obligation hereunder shall will not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall will not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiverThis Agreement may be amended, modificationor any term hereof modified or waived, release or amendment only by a written instrument duly executed by authorized representative(s) of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all both Parties hereto.
Appears in 1 contract
Samples: Exclusive License and Collaboration Agreement (BeiGene, Ltd.)