Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. This Agreement may be amended, modified or supplemented only by written agreement (referring specifically to this Agreement) of the parties. The waiver by either party of any breach or violation of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 8 contracts

Samples: Employment Agreement (Schein Henry Inc), Employment Agreement (Schein Henry Inc), Employment Agreement (Micro Bio Medics Inc)

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Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to this Agreement) in writing signed by an authorized representative of the partieseach Party. The No waiver by either party of any breach or violation of any provision of this agreement Agreement, and no course of dealing between the Parties, shall not operate or be construed as a waiver of any subsequent breachbreach thereof.

Appears in 8 contracts

Samples: Apryse Itext Software License Agreement, Apryse Itext Software License Agreement, Itext Software License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to this Agreement) of the partiesin writing signed by each party hereto. The No waiver by either any party of any breach or violation of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any provision of this agreement party shall not operate or be construed as a waiver in respect of any subsequent breachfailure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.

Appears in 4 contracts

Samples: Credit Party Representative Agreement (Apex Global Brands Inc.), Credit Party Representative Agreement (Apex Global Brands Inc.), Asset Purchase Agreement (Impac Mortgage Holdings Inc)

Amendment and Modification; Waiver. This Any provision of this Agreement may be amended, modified modified, supplemented or supplemented waived if, but only if, such amendment, modification, supplement or waiver is in writing and is signed, in the case of an amendment, modification or supplement by written agreement (referring specifically each Party or, in the case of a waiver, by each Party against whom the waiver is to be effective. No failure or delay by any Party to assert any of its rights under this Agreement) of the parties. The waiver by either party of any breach Agreement or violation of any provision of this agreement otherwise shall not operate or be construed as constitute a waiver of any subsequent breachsuch rights.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Territorial Bancorp Inc.), Voting and Support Agreement (Mandarich David D), Agreement and Plan of Merger (M.D.C. Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to this Agreement) in writing signed by an authorized representative of the partieseach Party. The No waiver by either party of any breach or violation of any provision of this agreement Agreement, and no course of dealing between the parties, shall not operate or be construed as a waiver of any subsequent breachbreach thereof.

Appears in 3 contracts

Samples: Itext Software License Agreement, Itext Software License Agreement, Itext Software License Agreement

Amendment and Modification; Waiver. This Except as otherwise provided herein, this Agreement may be amended, modified or and supplemented only by written agreement (referring specifically to this Agreement) of and the parties. The waiver by either party of any breach or violation application of any provision of this agreement shall not operate Agreement or be construed as a waiver any rights or obligations of any subsequent breachparty hereunder may be waived (either retroactively or prospectively) only by written agreement of the parties hereto affected by such amendment, modification, supplement or waiver. Further, any waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Appears in 3 contracts

Samples: Registration Rights Agreement (Redneck Foods Inc), Promotion Agreement (Redneck Foods Inc), Convertible Preferred Stock Purchase Agreement (Redneck Foods Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to this Agreement) in writing signed by each Party hereto. No waiver by any Party of any of the partiesprovisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. The waiver by either party any Party of any a breach or violation of any provision of this agreement shall Agreement will not operate be deemed a continuing waiver or be construed as a waiver of any subsequent breachbreach whether of the same or another provision of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Timberline Resources Corp), Purchase and Sale Agreement (Timberline Resources Corp)

Amendment and Modification; Waiver. This Agreement may only be amendedamended or modified in a writing signed by the party against whom enforcement of such amendment or modification is sought. Any of the terms or conditions of this Agreement may be waived at any time by the party entitled to the benefit thereof, modified or supplemented but only by written agreement (referring specifically to this Agreement) of a writing signed by the parties. The waiver by either party of any breach waiving such terms or violation of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breachconditions.

Appears in 2 contracts

Samples: Stock Option Agreement (Logimetrics Inc), Stock Option Agreement (Logimetrics Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to this Agreement) in writing signed by each Party. No waiver by any Party of any of the parties. The waiver by either party of any breach or violation of any provision provisions of this agreement Agreement shall not operate or be construed as a waiver of any subsequent breacheffective unless explicitly set forth in writing and signed by the Party so waiving.

Appears in 1 contract

Samples: Purchase Agreement (Universal Logistics Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by written an agreement (referring specifically to this Agreement) of the partiesin writing signed by each Party. The No waiver by either party Party of any breach or violation of any provision of this agreement the provisions hereof shall not operate or be construed as a waiver of any subsequent breacheffective unless explicitly set forth in writing and signed by the Party so waiving.

Appears in 1 contract

Samples: License and Services Agreement (Serve Robotics Inc. /DE/)

Amendment and Modification; Waiver. This No provision of this Agreement may be amended, amended or modified or supplemented only unless agreed to in writing and signed by written agreement (referring specifically to this Agreement) of the partiesall Parties. The No waiver by either party Party of any breach or violation by the other Party of any condition or provision of this agreement Agreement shall not operate or be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent breachtime.

Appears in 1 contract

Samples: Employee Leasing Agreement (Parking REIT, Inc.)

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Amendment and Modification; Waiver. This No waiver, amendment to or modification of this Agreement may be amended, modified or supplemented only is effective unless it is in writing and signed by written agreement (referring specifically to this Agreement) an authorized representative of the partieseach party. The No waiver by either party of any breach violation or violation of any provision nonperformance of this agreement shall not operate or Agreement in one instance will be construed as deemed to be a waiver of any subsequent breachviolation or nonperformance.

Appears in 1 contract

Samples: Managed Services Agreement

Amendment and Modification; Waiver. This Agreement may be amended, modified or supplemented only by the written agreement (referring specifically to this Agreement) of the parties. The waiver by either party of any breach or violation of any provision of this agreement Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation.

Appears in 1 contract

Samples: Employment Agreement (Micro Bio Medics Inc)

Amendment and Modification; Waiver. This Agreement may be amended, modified modified, or supplemented only by written an agreement (referring specifically in writing signed by each Party. No failure to exercise any rights, remedy, power or privilege arising from this Agreement) of the parties. The waiver by either party of any breach or violation of any provision of this agreement Agreement shall not operate or be construed as a waiver of any subsequent breachthereof.

Appears in 1 contract

Samples: Shared Services Agreement (ProFrac Holding Corp.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by written an agreement (referring specifically to this Agreement) of in writing signed by the parties. The No waiver by either party of any breach or violation of any provision of this agreement the provisions hereof shall not operate or be construed as a effective unless expressly set forth in writing signed by the waiving party, nor shall the waiver of any subsequent breachsingle or partial exercise of any right, remedy, power, or privilege hereunder 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

Amendment and Modification; Waiver. This No provision of this Agreement may be waived, amended, supplemented or modified by either party, unless such waiver, amendment, supplement or supplemented only modification is explicitly set forth in writing and executed by written agreement (referring specifically to this Agreement) the authorized representative of the partiesparty against whom it is sought to enforce such waiver, amendment, supplement or modification. The waiver by either any party hereto of a breach of any breach or violation of any provision provisions of this agreement Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Bill of Sale and Assignment and Assumption Agreement (SRAX, Inc.)

Amendment and Modification; Waiver. This Agreement may be amended, modified or supplemented only by written agreement (referring specifically to this Agreement) of the parties. .The waiver by either party of any breach or violation of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Employment Agreement (Schein Henry Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by written an agreement (referring specifically to in writing duly signed by each Party. Except as otherwise expressly set forth in this Agreement) , no waiver by any Party of any of the parties. The waiver by either party of any breach or violation of any provision provisions EXECUTION VERSION of this agreement Agreement shall not operate or be construed as a waiver of any subsequent breacheffective unless explicitly set forth in writing and signed by the Party so waiving.

Appears in 1 contract

Samples: Co Ownership Agreement (Dirtt Environmental Solutions LTD)

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