Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 156 contracts
Sources: Stadium Lease Agreement, Stadium Lease Agreement, Asset Contribution and Purchase Agreement (Trinity Industries Inc)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a any party of any condition condition, or of any the breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 115 contracts
Sources: Securities Purchase Agreement (Lazar David E.), Securities Purchase Agreement (Framework Ventures IV L.P.), Securities Purchase Agreement (Lazar David E.)
Waivers. The failure of a any party hereto to this Agreement at any time or times to require performance of any provision hereof under this Agreement shall in no manner affect its the right at a later time to enforce the samesame performance. No A waiver by a any party to this Agreement of any such condition or of any breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver in any one or more instances instances, shall neither be deemed to be construed as a further or continuing waiver of any such condition or breach in other instances or nor a waiver of any other condition or breach of any other term, covenant, representation representation, or warrantywarranty contained in this Agreement.
Appears in 64 contracts
Sources: Escrow Agreement (Dare Bioscience, Inc.), Escrow Agreement (Trident Digital Tech Holdings LTD), Escrow Agreement (Wellchange Holdings Co LTD)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right of such party at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 31 contracts
Sources: Stock Exchange and Acquisition Agreement (BlueOne Card, Inc.), Stock Exchange Agreement (Rennova Health, Inc.), Stock Exchange Agreement (Foxo Technologies Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner not affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement herein shall be effective unless in writing, and no . No such waiver in any one or more instances instance shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty in any other instance.
Appears in 19 contracts
Sources: Membership Interest and Share Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement (Ocwen Financial Corp)
Waivers. The failure of a party hereto Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 18 contracts
Sources: Stadium Land Dedication Agreement, Stadium Land Dedication Agreement, Stadium Land Dedication Agreement
Waivers. (a) The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. .
(b) No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 13 contracts
Sources: Stock Purchase Agreement (DigitalTown, Inc.), Stock Purchase Agreement (Dutch Gold Resources Inc), Stock Purchase Agreement (Dutch Gold Resources Inc)
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 10 contracts
Sources: Distribution and Equity Acquisition Agreement (Cosmos Holdings Inc.), Asset Purchase Agreement (Aytu Bioscience, Inc), Stock Purchase Agreement (Imprimis Pharmaceuticals, Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 9 contracts
Sources: Campus Operations and Use Agreement, Site Coordination Agreement, Development Agreement
Waivers. The failure of a party hereto any Party at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a party any Party of any condition condition, or of any the breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 9 contracts
Sources: Stock Purchase Agreement (Marla Investments Inc.), Securities Purchase Agreement (Minim, Inc.), Intangible Assets & Machinery Option to Purchase Agreement (Blue Star Foods Corp.)
Waivers. The failure of a party either Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the samesame or any other provision. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 8 contracts
Sources: Vendor Agreement (Uici), Vendor Agreement (Uici), Vendor Agreement (Uici)
Waivers. The failure of a party hereto at any time or times to ------- require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 8 contracts
Sources: Asset Purchase Agreement (Old America Stores Inc), Three Ecw Redemption Agreement (Boston Properties Inc), Change in Control Agreement (Material Sciences Corp)
Waivers. The failure of a party hereto at any ------- time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 7 contracts
Sources: Merger Agreement (American Eco Corp), Stock Purchase Agreement (Unistar Financial Service Corp), Merger Agreement (American Electromedics Corp)
Waivers. The failure of a party hereto any Party to this Agreement at any time or times to require performance of any provision hereof under this Agreement shall in no manner affect its the right at a later time to enforce the samesame performance. No A waiver by a party any Party to this Agreement of any such condition or of any breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver in any one or more instances instances, shall neither be deemed to be construed as a further or continuing waiver of any such condition or breach in other instances or nor a waiver of any other condition or breach of any other term, covenant, representation representation, or warrantywarranty contained in this Agreement.
Appears in 7 contracts
Sources: Escrow Agreement (Webuy Global LTD), Merger Agreement, Escrow Agreement (China Liberal Education Holdings LTD)
Waivers. The failure of a party hereto at any time or times ------- to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 6 contracts
Sources: 1997 Director & Officer Loan Credit Agreement (Conseco Inc), Contribution Agreement (Boston Properties Inc), Asset Purchase and Sale Agreement (Agway Inc)
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingwriting and signed by the waiving Party, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances another instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 5 contracts
Sources: Management Services Agreement, Management Services Agreement, Service Agreement (Millstream Acquisition Corp)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall will in no manner way affect its right at a later time to enforce require the sameperformance of that provision. No waiver by a any party of any condition or of any breach of any term, covenant, representation term or warranty condition contained in this Agreement shall will be effective unless in writing, and no . No waiver in any one or more instances shall will be deemed to be a further or continuing waiver of any such condition or breach in any other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warrantybreach.
Appears in 5 contracts
Sources: Class B Common Stock Issuance Agreement (Hub Group Inc), Stockholders Agreement (Hub Group Inc), Stockholders' Agreement (Hub Group Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one anyone or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 4 contracts
Sources: Supply Agreement (Rizzen Inc.), Fertilizer Supply Agreement (Mosaic Co), Asset Purchase and Sale Agreement (Gerdau Ameristeel Corp)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the samesame unless the same is waived in writing. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. A valid waiver is limited to the specific situation for which it was given.
Appears in 4 contracts
Sources: Master Services Agreement (Digitalwork Com Inc), Consulting and Support Agreement (Wordcruncher Internet Technologies), Master Services Agreement (Digitalwork Com Inc)
Waivers. The failure of a party hereto at any time or times Party to require performance of any provision hereof shall in no manner not affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach Party of any term, covenant, representation or warranty contained in this Agreement herein shall be effective unless in writing, and no . No such waiver in any one or more instances instance shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty in any other instance.
Appears in 4 contracts
Sources: Transition Services Agreement (EVO Transportation & Energy Services, Inc.), Management Agreement (ALST Casino Holdco, LLC), Management Agreement (ALST Casino Holdco, LLC)
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty provision contained in this Agreement CBA shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Community Benefits Agreement, Community Benefits Agreement, Community Benefits Agreement
Waivers. The failure of a any party hereto to the Agreement at any time or times to require performance of any provision hereof under this Agreement shall in no manner affect its the right at a later time to enforce the samesame performance. No A waiver by a any party to the Agreement of any such condition or of any breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver in any one or more instances instances, shall neither be deemed to be construed as a further or continuing waiver of any such condition or breach in other instances or nor a waiver of any other condition or breach of any other term, covenant, representation representation, or warrantywarranty contained in this Agreement.
Appears in 3 contracts
Sources: Escrow Agreement, Escrow Agreement (Cosmo Communications Corp), Escrow Agreement (Crown Media Holdings Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingwriting and signed by the waiving party, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Short Form Agreement for Professional Services, Professional Services, Supplemental Services Agreement
Waivers. The failure of a party hereto at any time or --------------------- times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Corvis Corp), 1999 Director & Officer Loan Credit Agreement (Conseco Inc), 1999 Director & Officer Loan Credit Agreement (Conseco Inc)
Waivers. The failure of a party hereto any Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Corel Corp), Merger Agreement (TLC Vision Corp), Stock Purchase Agreement (Corel Corp)
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right of such Party at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Acquisition Agreement (United Restaurant Management, Inc.), Acquisition Agreement (Optimized Transportation Management, Inc.), Acquisition Agreement (Optimized Transportation Management, Inc.)
Waivers. The failure of a party hereto Party to this Agreement at any time or times to require performance of any provision hereof shall of this Agreement will in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall will be effective unless in writing, and no waiver in any one or more instances shall will be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Share Purchase Agreement (Lantheus Holdings, Inc.), Asset Purchase Agreement (Lantheus Holdings, Inc.), Asset Purchase Agreement (Lantheus Holdings, Inc.)
Waivers. The failure of a party hereto at Party any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or Party of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more other instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Registration Rights Agreement (Lawson Products Inc/New/De/), Merger Agreement (Lawson Products Inc/New/De/), Merger Agreement (Lawson Products Inc/New/De/)
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Development Agreement, Development Agreement, Development Agreement
Waivers. The failure of a party hereto Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 3 contracts
Sources: Asset Purchase and Sale Agreement (Golden Oval Eggs LLC), Asset Purchase and Sale Agreement (Land O Lakes Inc), Asset Purchase Agreement (Land O Lakes Inc)
Waivers. The failure of a party hereto at any time or times to require ------- performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Mutual Risk Management LTD), Services Agreement (Hewitt Associates Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party hereto of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingwriting and signed by the waiving party, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Management Services Agreement, Management Services Agreement (Vein Associates of America Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Escrow Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Sportsmans Guide Inc), Escrow Agreement (Red Hat Inc)
Waivers. The failure of a party hereto either Party at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a party either Party of any condition condition, or of any the breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Minim, Inc.), Securities Purchase Agreement (Lazar David E.)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a any party of any condition condition, or of any breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writingherein, and no waiver in any one or more instances instances, shall be deemed to be construed as a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or of any breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Encroachment Agreement, Encroachment Agreement
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingwriting and signed by the waiving Party, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Management Services Agreement (Vein Associates of America Inc), Management Services Agreement (Vein Associates of America Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Stock Purchase Agreement (E Com Ventures Inc), Stock Purchase Agreement (Parlux Fragrances Inc)
Waivers. The failure of a party hereto at any time or ------- times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Loan Agreement (Conseco Inc), 1998 Director & Officer Loan Credit Agreement (Conseco Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless (i) in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.writing and
Appears in 2 contracts
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.warranty.
Appears in 2 contracts
Sources: Site Coordination Agreement, Development and Funding Agreement
Waivers. The failure of a party hereto at any time or times to ------- require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 2 contracts
Sources: Management Services Agreement (Argosy Education Group Inc), Management Services Agreement (Argosy Education Group Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in provision of this Agreement shall be effective unless set forth in writingan instrument in writing signed by the party or parties to be bound thereby and specifically referencing the breach of the provision to be waived, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantyprovision.
Appears in 1 contract
Waivers. The failure of a party hereto any Party at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a party any Party of any condition condition, or of any the breach of any term, covenant, representation representation, or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any ------- provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement herein shall be effective unless in writing, and no . No waiver in any one or more instances instance shall be deemed to be a further or continuing waiver of in any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Stock Purchase Agreement (National Equipment Services Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No The waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Stock Purchase Agreement (Cheshire Distributors Inc)
Waivers. The failure of a party hereto at any time ------- or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or of more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Stock Purchase Agreement (Trustees of the Estate of Bernice Pauahi Bishop)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a any party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.in
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof in this Agreement shall not affect , in no manner affect its any manner, such party's right at a later time to enforce the samesuch provision. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right to enforce the same at a later time to enforce the sametime. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.warranty.
Appears in 1 contract
Sources: Stadium Lease Agreement
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall will in no manner affect its the right of such party at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall will be effective unless in writing, and no waiver in any one or more instances shall will be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Asset Purchase Agreement (Songbird Development Inc.)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Transition Services Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Transition Services Agreement (Allied Capital Corp)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right rights at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Master Agreement (Fountain Powerboat Industries Inc)
Waivers. The failure of a party hereto Party at any time or times to require performance of any provision hereof of this Agreement shall in no manner affect its right at a later time to enforce the samesame provision. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach of this Agreement in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 1 contract
Sources: Asset Purchase Agreement (Maxco Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, except as provided in Section 5.6. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (International Home Foods Inc)
Waivers. The failure or delay of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The delay or failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party hereto of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Asset Purchase Agreement (Information Management Associates Inc)
Waivers. The failure or delay of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenantrepresentation, representation warranty or warranty covenant contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, representation, warranty or covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a any party of any condition condition, or of any the breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingwhether by conduct or otherwise, and no waiver in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach term of any other term, covenant, representation or warrantythis Agreement.
Appears in 1 contract
Sources: Share Option Agreement (Univec Inc)
Waivers. The failure of a any party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a any party of any condition condition, or of any the breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, term covenant, representation or warrantywarranty of this Agreement.
Appears in 1 contract
Sources: Share Exchange Agreement (Map Financial Group, Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Management Services Agreement (Medical Manager Corp)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the samesame unless the same is waived in writing. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in or any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. A valid waiver is limited to the specific situation for which it was given.
Appears in 1 contract
Sources: Consulting and Support Agreement (Wordcruncher Internet Technologies)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Asset Purchase Agreement
Waivers. The Unless otherwise provided in this Agreement, the failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Tripartite Framework Agreement
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in *** Certain information on this Agreement shall be effective unless in writing, page has been omitted and no filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Share Purchase Agreement (Emergent BioSolutions Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Site Coordination Agreement
Waivers. The failure of a party hereto Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, except as provided in Section 5.7. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Transaction Agreement and Plan of Merger (Horizon Pharma, Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Merger Agreement (Envestnet, Inc.)
Waivers. The failure of a party hereto at any time or ------- times to require required performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a any party hereto at any time or times to require ------- performance of any provision hereof shall in no manner affect its the right at a later time to enforce the same. No waiver by a any party of any condition condition, or of any the breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writingAgreement, and no waiver 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 breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warrantywarranty of this Agreement.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, covenant or representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation covenant or warrantyrepresentation.
Appears in 1 contract
Sources: Selling Agent Agreement (Aspen Diversified Fund LLC)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall will in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall will be effective unless in writing, and no waiver in any one or more instances shall will be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to ------- require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, 52 covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party Party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty term contained in this Agreement shall be effective unless in writingit is writing and signed by the party to be charged with such waiver, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Interim Management Agreement
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its the right of such party at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this A&R Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Acquisition and Share Exchange Agreement (Knowledge Machine International, Inc.)
Waivers. The failure of a party hereto at any time or times to require ------- performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be is effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Merger Agreement (M Wave Inc)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement herein shall be effective unless in writing, and no . No waiver in any one or more instances instance shall be deemed to be a further or continuing waiver of in any such condition or breach in other instances instance or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof of this Agreement shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Referral Agreement
Waivers. The failure of a party hereto Party at any time or times to require performance of any provision hereof of this Agreement shall in no manner affect its right at a later time to enforce the samesame provision. No waiver by a party Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless (i) in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.writing and
Appears in 1 contract
Sources: Stadium Lease Agreement
Waivers. The failure of a by any party hereto at any time or times to require performance of any provision hereof shall in no manner not affect its or her right at a later time to enforce the samerequire such performance. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall (except as otherwise stated therein) be deemed to be a further or continuing waiver of any such condition or breach in any other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Consulting Agreement (CoLucid Pharmaceuticals, Inc.)
Waivers. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right rights at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
Appears in 1 contract
Sources: Assets Purchase Agreement (American Electromedics Corp)