Common use of Modification; Waiver Clause in Contracts

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Mainstreet Bankshares Inc), Cross License Agreement (Asthmatx Inc), Cross License Agreement (Broncus Technologies Inc/Ca)

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Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesthe parties hereto. The failure of a party to enforce any rights or provisions of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyparties.

Appears in 5 contracts

Samples: S Fee Agreement (Laredo Oil, Inc.), Stockholders Agreement (Laredo Oil, Inc.), License Agreement (Laredo Oil, Inc.)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.

Appears in 5 contracts

Samples: License Agreement Execution (Regen BioPharma Inc), License Agreement (Bio-Matrix Scientific Group, Inc.), License Agreement (Ligand Pharmaceuticals Inc)

Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except by pursuant to a writing written instrument signed by both parties. The failure waiver by either party of a party to enforce breach of any rights or provisions of the Agreement shall provision hereof will not be construed to be as a waiver of such rights any succeeding breach of the same or provisionsany other provision, nor will any delay or a waiver by omission on the part of such party to thereafter enforce such rights avail itself of any right, power or provision privilege that it has or may have hereunder operate as a waiver of any other rights right, power or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyprivilege.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

Modification; Waiver. This Agreement may not be altered, amended modified or modified in any way supplemented except by a writing written instrument signed by both partiesthe Parties. The No action or failure of a party to enforce any rights or provisions of the Agreement act by either Party shall not be construed deemed to be a waiver of such rights any default or provisions, or a waiver by such party to thereafter enforce such rights breach of any agreement or provision or any other rights or provisions hereunderherein contained unless such waiver is set forth in writing. No waiver of any default or breach of any agreement or provision herein contained shall be effective unless made in writing and signed by the waiving partydeemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained.

Appears in 4 contracts

Samples: And Ameded Administrative Services Agreement (Cryomass Technologies, Inc.), Marketing Services Agreement (First Colombia Development Corp.), Administrative Services Agreement (First Colombia Development Corp.)

Modification; Waiver. This Agreement may not be altered, amended modified or modified in any way supplemented except by a writing written instrument signed by both partiesthe Parties. The No action or failure of a party to enforce any rights or provisions of the Agreement act by either Party shall not be construed deemed to be a waiver of unless such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunderis expressly set forth in writing. No waiver of any default or breach of any agreement or provision herein contained shall be effective unless made in writing and signed by the waiving partydeemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained.

Appears in 4 contracts

Samples: Intellectual Property License Agreement (First Colombia Development Corp.), Procurement Agreement, Intellectual Property License Agreement

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesBroncus and Asthmatx. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.

Appears in 4 contracts

Samples: Cross License Agreement (Asthmatx Inc), Cross License Agreement (Asthmatx Inc), Cross License Agreement (Asthmatx Inc)

Modification; Waiver. This No waiver, modification, amendment or alteration of any provision of this Agreement may not will be altered, amended valid or modified effective unless made in any way except by a writing and signed by both partieseach of the Parties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision provisions or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.

Appears in 3 contracts

Samples: License Agreement (Lipocine Inc.), License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)

Modification; Waiver. This Agreement may not be altered, amended amended, or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 3 contracts

Samples: Amendment Agreement (Thermage Inc), Amendment Agreement (Thermage Inc), Amendment Agreement (Thermage Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall will not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 3 contracts

Samples: Drug Discovery Agreement (SGX Pharmaceuticals, Inc.), Drug Discovery Agreement (SGX Pharmaceuticals, Inc.), Drug Discovery Agreement (SGX Pharmaceuticals, Inc.)

Modification; Waiver. This Agreement may shall not be altered, amended or modified in any way except by a an instrument in writing duly signed by both partieson behalf of the party against whom enforcement of such modification is sought. The No waiver of any provision of this Agreement shall be effective unless in writing and similarly signed, nor shall any failure of a any party to enforce any rights right or provisions of the Agreement shall not remedy hereunder be construed to be deemed a waiver of such rights right or provisions, or a waiver by such party to thereafter enforce such rights or provision remedy for the future in the same or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partysituation.

Appears in 3 contracts

Samples: Royalty Agreement (FBEC Worldwide Inc.), Royalty Agreement (Bloomin' Brands, Inc.), Royalty Agreement (Osi Restaurant Partners, LLC)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by authorized representatives of both of the parties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.

Appears in 3 contracts

Samples: Confidential Treatment (Otonomy, Inc.), Confidential Treatment (Otonomy, Inc.), License and Commercialization Agreement (Durect Corp)

Modification; Waiver. This Agreement may not be altered, amended or -------------------- modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 3 contracts

Samples: Development and Supply Agreement (Somnus Medical Technologies Inc), Patent License Agreement (Somnus Medical Technologies Inc), Technology License Agreement (Urogen Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure Waiver of a party any term or provision of this Agreement or forbearance to enforce any rights term or provisions provision by either party shall not constitute a waiver as to any subsequent breach or failure of the Agreement shall not be construed to be same term or provision or a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights any other term or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyof this Agreement.

Appears in 2 contracts

Samples: Consulting Agreement (Fox Hollow Technologies Inc), Consulting Agreement (Adolor Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 2 contracts

Samples: Services Agreement, Cross License Agreement (Vermillion, Inc.)

Modification; Waiver. This No alleged waiver, modification or amendment to this Agreement may not shall be alteredeffective against either party hereto, amended or modified unless in any way except by a writing writing, signed by both partiesthe party against which such waiver, modification or amendment is asserted. The failure or delay of a either party to enforce any rights or provisions insist upon the other party’s strict performance of the provisions in this Agreement or to exercise in any respect any right, power, privilege, or remedy provided for under this Agreement shall not be construed to be operate as a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrelinquishment thereof.

Appears in 2 contracts

Samples: Patent Purchase Agreement (Shuffle Master Inc), Patent Purchase Agreement (Mikohn Gaming Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of the right of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 2 contracts

Samples: Collaboration and License Agreement (Introgen Therapeutics Inc), Collaboration and License Agreement (Introgen Therapeutics Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both the parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.

Appears in 2 contracts

Samples: Exclusive License Agreement, Exclusive License Agreement (Ultragenyx Pharmaceutical Inc.)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing written agreement signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.

Appears in 1 contract

Samples: Research Collaboration and License Agreement (Evotec SE)

Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except by a writing written instrument signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunderParties. No waiver shall will be implied from conduct or failure to enforce rights, and no waiver will be effective unless made in writing and signed on behalf of the Party against whom the waiver is asserted. The exercise of any right or remedy provided in this Agreement will be without prejudice to the right to exercise any other right or remedy provided by the waiving partylaw or equity, except as expressly limited in this Agreement.

Appears in 1 contract

Samples: Investment Agreement

Modification; Waiver. This Agreement may not be altered, ------------------- amended or modified in any way except by a an agreement in writing signed by both parties. The failure of a party to enforce at any rights or time any of the provisions of the Agreement Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: International Distributor Agreement (Fusion Medical Technologies Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing document signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: License Agreement (Utek Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision provisions or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.

Appears in 1 contract

Samples: License Agreement (Ligand Pharmaceuticals Inc)

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Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partieseach party. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to so be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Joint Venture Agreement (Gemini Genomics PLC)

Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except only by a writing signed executed by both partiesall Parties hereto. The failure waiver by any Party of a party to enforce any such Party's rights or provisions of the under this Agreement shall not be construed to be constitute a waiver of any future rights and/or enforcement of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrights.

Appears in 1 contract

Samples: Shareholders Agreement (Aramex International LTD)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesall parties of this Agreement. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Product Development Agreement (Life Usa Inc)

Modification; Waiver. This Agreement may not be altered, amended -------------------- or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Development and Supply Agreement (Somnus Medical Technologies Inc)

Modification; Waiver. This No alleged waiver, modification or amendment to this Agreement may not will be alteredeffective against either Party, amended or modified unless in any way except by a writing writing, signed by both partiesthe Party against which such waiver, modification or amendment is asserted. The failure or delay of a party either Party to enforce any rights or provisions insist upon the other Party’s strict performance of the provisions in this Agreement shall or to exercise in any respect any right, power, privilege, or remedy provided for under this Agreement will not be construed to be operate as a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrelinquishment thereof.

Appears in 1 contract

Samples: Asset Purchase and License Agreement (Progressive Gaming International Corp)

Modification; Waiver. This No modification or amendment to this Agreement may not be altered, amended or modified made except in any way except by a writing signed by authorized representatives of both partiesParties. The failure No waiver of a party to enforce any rights or provisions of will be effective unless assented to in writing by the Agreement shall not be construed Party to be charged, and the waiver of any breach or default will not constitute a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision any other right hereunder or any other rights subsequent breach or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partydefault.

Appears in 1 contract

Samples: Patent License Agreement (Broadcom Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.

Appears in 1 contract

Samples: License Agreement (Affymax Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesthe parties hereto. The failure of a party to enforce any rights or provisions of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.parties. la-1119735

Appears in 1 contract

Samples: Additional Interests Grant Agreement (Laredo Oil, Inc.)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. hereunder No waiver shall be he effective unless made in writing and signed by the waiving party.

Appears in 1 contract

Samples: Sub License Agreement (Rampart Detection Systems Ltd.)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed written agreement executed by both all of the parties. The failure No waiver of a party to enforce any rights or of the provisions of the this Agreement shall not be construed to be deemed, or shall constitute, a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights provision, whether or provisions hereundernot similar, nor shall any waiver constitute a continuing waiver unless expressly so stated in writing. No waiver shall be effective implied from conduct or a failure to enforce rights or delay in enforcing rights. No waiver shall be binding unless made executed in writing and signed by the waiving partyparty making the waiver.

Appears in 1 contract

Samples: Amended Private Label Product Supply Agreement (Span America Medical Systems Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of the right of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Agency Agreement (TearLab Corp)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure Waiver of a party any term or provision of this Agreement or forbearance to enforce any rights term or provisions provision by either party will not constitute a waiver as to any subsequent breach or failure of the Agreement shall not be construed to be same term or provision or a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights any other term or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyof this Agreement.

Appears in 1 contract

Samples: Transition Services Agreement (Coherent Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Product Supply Agreement (Bellacasa Productions Inc)

Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall will not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.

Appears in 1 contract

Samples: Xiid Saas License Agreement

Modification; Waiver. This Agreement may shall not be altered, amended or modified in any way -------------------- except by a an instrument in writing duly signed by both partieson behalf of the party against whom enforcement of such modification is sought. The No waiver of any provision of this Agreement shall be effective unless in writing and similarly signed, nor shall any failure of a any party to enforce any rights right or provisions of the Agreement shall not remedy hereunder be construed to be deemed a waiver of such rights right or provisions, or a waiver by such party to thereafter enforce such rights or provision remedy for the future in the same or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partysituation.

Appears in 1 contract

Samples: Asset Purchase Agreement (Auction Anything Com Inc)

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