Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 17 contracts

Samples: Entire Agreement, Service Agreement, A Service Agreement

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Amendment and Modification; Waiver. No Except as set forth herein, no amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 12 contracts

Samples: Software and Services License Agreement (Tirios Propco Series LLC), Software and Services License Agreement (Casa Shares Assets, LLC), Software and Services License Agreement (Ysmd, LLC)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 9 contracts

Samples: Hosted Software Solution, Software Service Agreement, Healthcare Consultlink LLC Service Subscription Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 8 contracts

Samples: Nantomics Exclusive Reseller Agreement, License Agreement, Nantomics Exclusive Reseller Agreement (NantHealth, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 8 contracts

Samples: Share Exchange Agreement (Blackboxstocks Inc.), Contribution Agreement (Probation Tracker, Inc.), Management Services Agreement (LiquidValue Development Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 7 contracts

Samples: Service Agreement, f.hubspotusercontent40.net, Deposit Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an each party’s authorized representative of each PartyRepresentative. No waiver by any Party party of any of the provisions hereof will be is effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 7 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 6 contracts

Samples: Loftware Master Software and Services Agreement, Software and Services Agreement, Software and Services Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 6 contracts

Samples: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC), Website Content License Agreement (Empirical Ventures, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative each of each Partythe Parties. No waiver by any Party of the Parties of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 6 contracts

Samples: Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 5 contracts

Samples: Put Option Agreement (Innoviz Technologies Ltd.), Subscription Agreement (Collective Growth Corp), Call Option Agreement (Global Clean Energy Holdings, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 4 contracts

Samples: License and Reseller Agreement, Strategic Alliance Agreement (Phreesia, Inc.), Mutual License and Reseller Agreement (Nant Health, LLC)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waivingboth Parties. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 4 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Contribution Agreement, Contribution Agreement (Pattern Energy Group Inc.)

Amendment and Modification; Waiver. No amendment to This Escrow Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Escrow Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Escrow Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 4 contracts

Samples: Escrow Agreement (ARC Group Worldwide, Inc.), Escrow Agreement (ARC Group Worldwide, Inc.), Escrow Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing writing, identified as an amendment to this Agreement and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be is effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 3 contracts

Samples: Software Trial Agreement, Software License Agreement, Coder Enterprise Software Trial Agreement

Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination or discharge of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 3 contracts

Samples: Service User Agreement, Service User Agreement, Cor Fluxsuite Software as a Service Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partythe parties hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 3 contracts

Samples: Lock Up Letter Agreement (Winnebago Industries Inc), Letter Agreement (NewAge, Inc.), Lock Up Letter Agreement (Winnebago Industries Inc)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement these Terms is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreementthese Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement these Terms will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 3 contracts

Samples: www.intellinetics.com, www.intellinetics.com, www.intellinetics.com

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing writing, identified as an amendment to this Agreement and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 3 contracts

Samples: Sublicence and Saas Subscription Agreement, www.kerauno.io, www.kerauno.io

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 3 contracts

Samples: Linkage Data Agreement, Data License Agreement, Linkage Data Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement or any Order is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 3 contracts

Samples: End User License, Software and Support Agreement, License, Software and Support Agreement, License, Software and Support Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may be amended, modified, or modification of this Agreement is effective unless it is supplemented only by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party either Part of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 3 contracts

Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be is effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Platform Agreement, Platform Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may be amended, modified or modification of this Agreement is effective unless it is supplemented only by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Standstill Agreement (Otsego Shares, LLC), Standstill Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Closing Covenant Agreement (SharpLink Gaming Ltd.), Asset Purchase Agreement (Applied UV, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Contribution and Exchange Agreement (RHINO BIOTECH LTD), Contribution and Exchange Agreement (RHINO BIOTECH LTD)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Partnership Interest Purchase Agreement (America First Multifamily Investors, L.P.), Management Services Agreement (Heritage Global Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Beta Testing Software License Agreement, Retailer Network Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Attachment 1, d7umqicpi7263.cloudfront.net

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Call Option Agreement (Empire Petroleum Corp), Call Option Agreement (Empire Petroleum Corp)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Software License Agreement (TOP Financial Group LTD), Agreement (MYnd Analytics, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing writing, identified as such, and signed physically or electronically by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed physically or electronically by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Agreement, Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyboth Parties. No waiver by any either Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving Party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Trademark Co Existence Agreement (Valvoline Inc), Equity Purchase Agreement (Valvoline Inc)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: 4 Agreement and Plan of Merger (Amerant Bancorp Inc.), Master Subscription Agreement by And

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 2 contracts

Samples: Services Agreement, Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing writing, identified as an amendment to this Agreement and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Terms of Service, Gideon Software Terms and Conditions

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (RCM Technologies, Inc.), Asset Purchase Agreement (AeroVironment Inc)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Terms and Conditions, Biotricity Master Agreement

Amendment and Modification; Waiver. No amendment to or modification of this the Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this the Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this the Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Software License Terms, Product Terms

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, ; and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Test Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any either Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Terms of Service

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Cultivation Management and Sales Agreement (MJ Holdings, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed andsigned by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no thereof;nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any precludeany other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: License and Support Services Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: A Service Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Subscription Agreement

Amendment and Modification; Waiver. No amendment to or modification of this the Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this the Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this the Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: docs.elotouch.com

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no thereof; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Vet2pet Mobile Application Development and Licensing Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege. 12.

Appears in 1 contract

Samples: 1 Agreement and Plan of Merger (Better Choice Co Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no thereof unless expressly provided herein to the contrary; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Partner Beta Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Patent License Agreement (Lucid Diagnostics Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative a Representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Truli Technologies, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.. ​

Appears in 1 contract

Samples: Reorganization Agreement (Inter & Co, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any either Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Salona Global Medical Device Corp)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (ia) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, ; and (iib) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Mobile Convenience App Development Agreement

Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination or discharge of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Service (Saas) Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege. 14.

Appears in 1 contract

Samples: Stock Purchase Agreement

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Amendment and Modification; Waiver. No amendment to This Agreement may be amended, modified or modification of this Agreement is effective unless it is supplemented only by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Transition Services Agreement (VerifyMe, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Professional Services Agreement

Amendment and Modification; Waiver. No amendment to or modification of this This Agreement is effective unless it is may be amended by an instrument in writing and signed by an authorized representative on behalf of each Partyof the parties hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Northstar Realty Finance Corp.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof of that or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: General Terms Of

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Applied UV, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement these Terms is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreementthese Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement these Terms will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Pharmalytiq Platform Terms of Use

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: License Agreement (Wewards, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege. 21.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hyzon Motors Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth stated in writing and signed by the Party party so waiving. Except as otherwise set forth stated in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Software License Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no waiver; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Trademark License Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party either party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: , and Distribution Agreement (ALKALINE WATER Co INC)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any 2 ‌ ​ ​ right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Reorganized Publicco Services Agreement (Capstone Green Energy Holdings, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party either party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Trademark License Agreement (Nommi, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative each of each Partythe Parties. No waiver by any either Party of any of the provisions hereof will shall be effective effective, unless explicitly set forth in writing and signed by the each Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Contribution Agreement (GameSquare Holdings, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth outlined in writing and signed by the Party party so waiving. Except as otherwise set forth outlined in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: agencystack.global

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party hereto of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Contribution Agreement (Blackboxstocks Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (ia) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (iib) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Genesis Network Software License Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Development, License and Service Agreement

Amendment and Modification; Waiver. No Except as set forth in Section 16, no amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: License and Terms of Purchase Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will be is effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay by either party in exercising, exercising any rightsright, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 9.9.

Appears in 1 contract

Samples: Execution Consulting Agreement (Par Technology Corp)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waivingwaiving party. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Reciprocal License Agreement (800 Degrees Go, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Services and Business Associate Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement XXXX is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this AgreementXXXX, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement XXXX will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: End User License Agreement

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of exerciseof any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: docs.mstarcfd.com

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the Agreement provisions hereof will be effective unless explicitly set forth made in writing and signed by the Party so waivingwaiving Party. Except as otherwise set forth indicated in this Agreement, : (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereofto that right, remedy, power or privilege; and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder under this Agreement will preclude any other or the further exercise thereof of that right, remedy power, or privilege, or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Forcenow Master License and Services Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof of this Agreement will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Escrow Agreement (Woodgrain, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Amended Settlement Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Amended Settlement Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Adequate Protection and Settlement Agreement (GT Advanced Technologies Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may be amended, modified or modification of this Agreement is effective unless it is supplemented only by an agreement in writing and signed by an authorized representative of each Partythe Parties. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Shared Services Agreement (Hall of Fame Resort & Entertainment Co)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilegeprivilege hereunder.

Appears in 1 contract

Samples: Web Traffic Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative each of each Partyparties hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Termination and Transfer Agreement (MxEnergy Holdings Inc)

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified, or modification supplemented by a formal written instrument (and not by an email or series of this Agreement is effective unless it is in writing and emails) signed by an authorized representative of each PartyParty hereto. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Consulting Services Agreement (Mastech Digital, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Master License and Services Agreement (usell.com, Inc.)

Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination, or discharge of this Agreement is effective unless it is in writing writing\ and signed by an authorized representative of each Partyboth parties. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightsright, remedy, power, or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Sublicense Agreement

Amendment and Modification; Waiver. No Except as set forth herein, no amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.. 15.9

Appears in 1 contract

Samples: Software and Services License Agreement (VV Markets LLC)

Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Appears in 1 contract

Samples: Service Subscription Agreement

Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination or discharge of this Agreement is effective unless it is in writing and signed by an authorized representative of each Partyparty. No waiver by any Party party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Hosted Services Agreement

Amendment and Modification; Waiver. No amendment to This Agreement may only be amended, modified or modification of this Agreement is effective unless it is supplemented by an agreement in writing and signed by an authorized representative of each Partyparty hereto. No waiver by any Party party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rightsright, remedy, power, power or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) no ; nor will any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Transitional Services Agreement (Resource Real Estate Opportunity REIT, Inc.)

Amendment and Modification; Waiver. No amendment to This Agreement may be amended, modified, or modification of this Agreement is effective unless it is supplemented only by an agreement in writing and signed by an authorized representative of each PartyParty hereto. No waiver by any Party of any of the provisions hereof will shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no No failure to exercise, or delay in exercising, any rights, remedy, power, power or privilege arising from this Agreement will shall operate or be construed as a waiver thereof, and (ii) no ; nor shall any single or partial exercise of any right, remedy, power, power or privilege hereunder will preclude any other or further exercise thereof or o the exercise of any other right, remedy, power, power or privilege.

Appears in 1 contract

Samples: Master Services Agreement

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