Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 6 contracts

Samples: Citeright Services Subscription Agreement, Citeright Services Subscription Agreement, Citeright Services Subscription Agreement

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Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 5 contracts

Samples: Purchase Agreement (Cohen Daniel G), Note Purchase Agreement (Helios & Matheson Analytics Inc.), Termination and Release Agreement (Ricciardi Christopher)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party heretoBuyer and Sellers. No waiver by any Party party of any of the provisions hereof 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, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 4 contracts

Samples: Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 4 contracts

Samples: Master Conveyance Agreement (Ionic Digital Inc.), Investment Agreement (Cohen & Co Inc.), Investment Agreement (Cohen & Co Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 3 contracts

Samples: Management Services Agreement (Denali SPAC Holdco, Inc.), Share Purchase Agreement (Otsego Shares, LLC), Share Purchase Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party heretothe Company and the Holders. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 2 contracts

Samples: Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party hereto. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 2 contracts

Samples: Transition Services Agreement (BK Technologies Corp), Option Agreement and Joint Escrow Instructions (Prospect Global Resources Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement instrument in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 2 contracts

Samples: Asset Purchase Agreement (CUI Global, Inc.), Transition Services Agreement (Orbital Energy Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party heretoParty. No waiver by any either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Stock Purchase Agreement (Salona Global Medical Device Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party heretothe Company and the Holder. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly ​ ​ ​ ​ set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Option Agreement (Axogen, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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 power, or privilege.

Appears in 1 contract

Samples: Lease Agreement (Celadon Group Inc)

Amendment and Modification; Waiver. This Agreement may be amended by the parties only be amended, modified or supplemented by execution of an agreement instrument in writing signed by an authorized representative of each Party heretoPurchaser and the Seller. No waiver Any agreement by any Party of party to any of the provisions hereof such extension or waiver shall be effective unless explicitly valid only if, and to the extent that, set forth in an instrument in writing and signed by on behalf of such party. No failure on the Party so waiving. Except as otherwise set forth in part of any Person to exercise any power, right, privilege or remedy under this Agreement, and no failure to exercisedelay on the part of any Person in exercising any such power, right, privilege or delay in exercisingremedy under this Agreement, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereofof such power, right, privilege or remedy; nor shall any and no single or partial exercise of any such power, right, remedy, power privilege or privilege hereunder remedy shall preclude any other or further exercise thereof or the exercise of any other power, right, privilege or remedy, power or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Emmis Communications Corp)

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

Appears in 1 contract

Samples: Share Purchase Agreement (Orbital Infrastructure Group, Inc.)

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Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Share Purchase Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party heretothe Company, Timios and the Buyer. No waiver by any Party party of any of the provisions hereof 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, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Amended and Restated Option Agreement (Ideanomics, Inc.)

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

Appears in 1 contract

Samples: Membership Interest Assignment Agreement (Cardiff Lexington Corp)

Amendment and Modification; Waiver. This License Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this License Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this License Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Trademark License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. Any Service Exhibit incorporated herein may be amended in accordance with Section 1.01(d) above. No waiver by any Party party of any of the provisions hereof 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, no No failure to exercise, or delay in exercising, any rightsright, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single 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: Regional Recreation Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof 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, no failure to exercise, or delay in exercising, any rightsright, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Management Services Agreement (Ionic Digital Inc.)

Amendment and Modification; Waiver. This License Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Party party hereto. No waiver by any Party party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the Party party so waiving. Except as otherwise set forth in this License Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this License Agreement shall will operate or be construed as a waiver thereof; nor shall will any single 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: Trademark License Agreement

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (Biohaven Pharmaceutical Holding Co Ltd.)

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