Amendments, Modifications and Waivers. This Agreement may not be amended or modified except by an instrument in writing signed on behalf of each of the parties hereto. Any agreement on the part of a party hereto to any waiver of any term or condition hereof shall be valid only if set forth in a written instrument signed on behalf of such party. Such waiver shall not be deemed to apply to any term or condition other than that which is specified in such waiver. 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.
Appears in 20 contracts
Samples: Agreement and Plan of Merger (Trans1 Inc), Merger Partner (Pernix Therapeutics Holdings, Inc.), Stockholder Agreement (Pernix Therapeutics Holdings, Inc.)
