Common use of Amendment; Extension; Waiver Clause in Contracts

Amendment; Extension; Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by an instrument in writing signed on behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. At any time prior to the Effective Time, the parties (treating Parent and Merger Sub as one party for this purpose) may (i) extend the time for the performance of any of the obligations or other acts of the other party, (ii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (iii) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Notwithstanding the foregoing, there shall be made no amendment, modification or supplement to this Agreement (x) after receipt of the Company Stockholder Approval which requires further approval by the stockholders of the Company without the further approval of such stockholders or (y) after the Effective Time. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Amendment; Extension; Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by an instrument in writing signed on behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. At any time prior to the Merger Effective Time, SST IV (in all events subject to the parties prior approval of the SST IV Special Committee) and SmartStop (treating Parent for itself and Merger Sub on behalf of the other SmartStop Parties, and in all events subject to the prior approval of the SmartStop Special Committee) may, to the extent permitted under applicable Law and except as one party for otherwise set forth herein, (a) amend any provision of this purpose) may Agreement, (ib) extend the time for the performance of any of the obligations or other acts of the other partyParty, (iic) waive any inaccuracies in the representations and warranties of the other party Party contained in this Agreement or in any document delivered pursuant to this Agreement or (iiid) subject to the requirements of applicable Law, waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Notwithstanding the foregoing, there Any such amendment of this Agreement shall be made no amendment, modification valid only if specifically set forth in an instrument in writing signed on behalf of all Parties. Any such grant by a Party of an extension or supplement to waiver in respect of any provision of this Agreement (x) after receipt of the Company Stockholder Approval which requires further approval shall be valid only if specifically set forth in an instrument in writing by the stockholders of the Company without the further approval of such stockholders or (y) after the Effective TimeParty. The failure of any party Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such those rights. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Law, except to the extent expressly provided otherwise in Section 9.3 (Fees and Expenses).

Amendment; Extension; Waiver. This Subject to Legal Requirement, the parties hereto may amend this Agreement may be amended, modified and supplemented in by authorized action at any and all respects only by time pursuant to an instrument in writing signed on behalf of each of the partiesparties hereto. To the extent permitted by Legal Requirement, Purchaser and Seller may cause this Agreement to be amended at any time after the Closing by execution of an instrument in writing signed on behalf of Purchaser and Seller. At any time, Seller or Purchaser may, to the extent legally allowed, (a) extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto and (c) waive compliance with any of the agreements or conditions for the benefit of such party contained herein. Any agreement on the part of a party hereto to any such extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. At any time prior to Without limiting the Effective Time, the parties (treating Parent and Merger Sub as one party for this purpose) may (i) extend the time for the performance of any generality or effect of the obligations or other acts of the other partypreceding sentence, (ii) waive no delay in exercising any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (iii) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Notwithstanding the foregoing, there shall be made no amendment, modification or supplement to this Agreement (x) after receipt of the Company Stockholder Approval which requires further approval by the stockholders of the Company without the further approval of such stockholders or (y) after the Effective Time. The failure of any party to this Agreement to assert any of its rights right under this Agreement or otherwise shall not constitute a waiver of such rightsright, and no waiver of any breach or default shall be deemed a waiver of any other breach or default of the same or any other provision in this Agreement.

Amendment; Extension; Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by an instrument in writing signed on behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. At any time prior to the Effective Time, the parties (treating Parent and Merger Sub as one party for this purpose) may (i) extend the time for the performance of any of the obligations or other acts of the other party, (ii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement or in any document delivered pursuant to this Agreement or (iii) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Notwithstanding the foregoing, there shall be made no amendment, modification or supplement to this Agreement (xi) after receipt of the Company Stockholder Approval which requires further approval by the stockholders of the Company without the further approval of such stockholders or (yii) after the Effective Time. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Amendment; Extension; Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by an instrument in writing signed on behalf of each of the parties. Any agreement on the part of a party to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. At any time prior to the Effective Time, the parties (treating Parent and Merger Sub as one party for this purpose) may hereto, by action taken or authorized by their respective Board of Directors, may, to the extent legally allowed, (i) amend any term or provision of this Agreement, (ii) extend the time for the performance of any of the obligations or other acts of the other partyparties hereto, (iiiii) waive any inaccuracies in the representations and warranties of the other party contained in this Agreement herein or in any document delivered pursuant to this Agreement or hereto and (iiiiv) waive compliance by the other party with any of the agreements or conditions contained in this Agreement. Notwithstanding herein; provided, however, that after any approval of the foregoing, there shall be made no amendment, modification or supplement to transactions contemplated by this Agreement (x) after receipt of the Company Stockholder Approval which requires further approval by the stockholders of the Company VSA, there may not be, without the further approval of such stockholders stockholders, any amendment, extension or (y) after the Effective Time. The failure waiver of any party to this Agreement which reduces the amount or changes the form of the consideration to assert be delivered to the holders of VSA Stock hereunder other than as contemplated by this Agreement. Any agreement on the part of a party hereto to any such amendment, extension or waiver shall be valid only if set forth in a written instrument signed on behalf of its rights under such party, but such amendment, extension or waiver or failure to insist on strict compliance with any obligation, covenant, agreement or condition in this Agreement or otherwise shall not constitute operate as a waiver of such rightsof, or estoppel with respect to, any subsequent or other failure. 22 27 ARTICLE IX.