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 157 contracts
Samples: Stadium Lease Agreement, Registration Rights Agreement (Sunstone Hotel Investors, Inc.), Asset Purchase Agreement (Metalico 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 110 contracts
Samples: Purchase and Merger Agreement (BSK & Tech, Inc.), Stock Exchange Agreement (mBeach Software, Inc.), Stock Option Agreement (Matrixx Initiatives Inc)
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 55 contracts
Samples: Contribution Agreement (American Midstream Partners, LP), Cash Reserve Agreement (ASTROTECH Corp), Contribution Agreement (Southcross Energy Partners, L.P.)
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 24 contracts
Samples: Stock for Stock Exchange Agreement (Senetek PLC /Eng/), Agreement and Plan of Merger (PSM Holdings Inc), Agreement and Plan of Merger (PSM 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 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 17 contracts
Samples: Asset Purchase Agreement (Gatx Financial Corp), Asset Purchase Agreement, Membership Interest and Share Purchase Agreement (Residential Capital, LLC)
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 16 contracts
Samples: Manufacturing and Supply Agreement (Lantheus Medical Imaging, Inc.), Manufacturing and Supply Agreement (Lantheus Medical Imaging, Inc.), Manufacturing and Supply Agreement (Lantheus Medical Imaging, 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
Samples: Distribution and Equity Acquisition Agreement (Cosmos Holdings Inc.), Asset Purchase Agreement (EPIX Pharmaceuticals, Inc.), Asset Purchase Agreement (Rosewind 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
Samples: Alliance Chesapeake (Uici), Afs (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
Samples: Change in Control Agreement (Material Sciences Corp), Ecw Redemption Agreement (Boston Properties Inc), Agreement and Plan of Mergers (Security Capital 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 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
Samples: Agreement and Plan of Merger (American Electromedics Corp), Agreement and Plan of Merger (Giant Group LTD), Agreement and Plan of Merger (Advanced NMR Systems 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 6 contracts
Samples: Agreement (Conseco Inc), Agreement (Conseco Inc), Contribution Agreement (Boston Properties 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 5 contracts
Samples: Development Agreement, Development Agreement, Development Agreement
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 5 contracts
Samples: Solicitation and Non Disclosure Agreement (Fleetcor Technologies Inc), Escrow Agreement (China Liberal Education Holdings LTD), Escrow Agreement (Ceridian LLC)
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
Samples: Toys 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
Samples: Consulting and Support Agreement (Wordcruncher Internet Technologies), Service Level Agreement (Digitalwork Com Inc), Service Level Agreement (Digitalwork Com 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 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 4 contracts
Samples: Stock Purchase Agreement (Blue Star Foods Corp.), Purchase Agreement (Blue Star Foods Corp.), Investment Agreement (PCMT 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 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
Samples: Asset Purchase and Sale Agreement (Land O Lakes Inc), Asset Purchase and Sale Agreement (Land O Lakes Inc), Asset Purchase and Sale Agreement (Golden Oval Eggs 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 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 3 contracts
Samples: Management Services Agreement (Paincare Holdings Inc), Service Agreement (Millstream Acquisition Corp), Management Services Agreement (Paincare Holdings Inc)
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
Samples: Escrow Agreement, Escrow Agreement (Crown Media Holdings Inc), Escrow Agreement (Cosmo Communications 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
Samples: Agreement (Optimized Transportation Management, Inc.), Agreement (Optimized Transportation Management, Inc.), Agreement (United Restaurant Management, 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
Samples: Release Agreement (Lawson Products Inc/New/De/), Registration Rights Agreement (Lawson Products Inc/New/De/), Release Agreement (Lawson Products Inc/New/De/)
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
Samples: Stock Purchase Agreement (Corel Corp), Agreement and Plan of Merger (TLC Vision Corp), Stock Purchase Agreement (Corel Corp)
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
Samples: Asset Purchase Agreement (Lantheus Holdings, Inc.), Asset Purchase Agreement (Lantheus Holdings, Inc.), Share Purchase Agreement (Lantheus 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 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
Samples: Agreement (Conseco Inc), Agreement and Plan of Reorganization (Corvis Corp), Agreement (Conseco 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 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 2 contracts
Samples: Community Benefits Agreement, Community Benefits 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
Samples: 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
Samples: Stock Purchase Agreement (Parlux Fragrances Inc), Stock Purchase Agreement (E Com Ventures 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
Samples: Escrow Agreement (Sportsmans Guide Inc), Escrow Agreement (Red Hat 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
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
Samples: 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 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
Samples: Agreement for Supplemental Services, Professional 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 2 contracts
Samples: Stock Purchase Agreement (Mutual Risk Management LTD), Services Agreement (Hewitt Associates Inc)
Waivers. The failure of a any party hereto to 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 Agreement of any such condition or of any breach of any term, covenant, 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 or warrantywarranty contained in this Agreement.
Appears in 2 contracts
Samples: Escrow Agreement (Special Acquisitions Inc), Settlement Agreement and Release (Precision Standard 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.warranty.
Appears in 2 contracts
Samples: 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 1 contract
Samples: 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 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 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
Samples: 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 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 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
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 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 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
Samples: Transition Services Agreement (Allied Capital Corp)
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
Samples: 1 Agreement and Plan of Merger (Dycom Industries 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 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
Samples: Asset Purchase and Sale Agreement (International Home Foods Inc)
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
Samples: Asset Purchase Agreement (Songbird Development 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 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
Samples: 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 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 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 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
Samples: Stock Purchase Agreement (Cheshire Distributors 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 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 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
Samples: Sample Selling Agent Agreement (Aspen Diversified Fund LLC)
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 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
Samples: Asset Purchase 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 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
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 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
Samples: Master Agreement (Fountain Powerboat Industries 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 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
Samples: Asset Purchase Agreement (Information Management Associates 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 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 1 contract
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
Samples: Share Option Agreement (Univec 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 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
Samples: 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
Samples: 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 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
Samples: Agreement and Plan of Merger (Initial Acquisition 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 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
Samples: Agreement (Trustees of the Estate of Bernice Pauahi Bishop)
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 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
Samples: 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
Samples: Transaction Agreement and Plan of Merger (Horizon Pharma, 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 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 1 contract
Samples: 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 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 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
Samples: 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 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
Samples: Stadium Lease 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 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
Samples: Assets Purchase Agreement (American Electromedics Corp)
