Common use of No Waiver; Modifications in Writing Clause in Contracts

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 28 contracts

Samples: Securities Purchase Agreement (vTv Therapeutics Inc.), Securities Purchase Agreement (vTv Therapeutics Inc.), Securities Purchase Agreement (vTv Therapeutics Inc.)

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No Waiver; Modifications in Writing. No failure or delay by a party on the part of Mortgagee in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification modification, supplement, termination or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification waiver of or to any provision of this AgreementMortgage, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the party to be charged with the enforcement thereof. Any amendment, modification or supplement of or to any provision of this Mortgage, any waiver of any provision of this AgreementMortgage, and any consent to any departure from the terms of any provision of this AgreementMortgage, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 7 contracts

Samples: Mortgage (Glimcher Realty Trust), Statement and Fixture Filing (Industrial Income Trust Inc.), Mortgage, Security Agreement (Industrial Income Trust Inc.)

No Waiver; Modifications in Writing. No failure or delay by a on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as may be otherwise expressly provided herein with respect to any right of indemnificationherein, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No amendment, modification, supplement, termination or waiver of or to any provision of this Agreement, nor consent to any departure by a party from any provision of this Agreement therefrom, shall be effective unless signed the same shall be in writing and signed by each of the parties entitled to the benefit thereofhereto. No Any amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 3 contracts

Samples: Distributor Agreement (Mirenco Inc), Agreement (Seracare Life Sciences Inc), Agreement (Seracare Life Sciences Inc)

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 3 contracts

Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Alcohol Sensors International LTD), Shareholders Agreement (Alcohol Sensors International LTD), Convertible Preferred Stock and Warrant Purchase Agreement (American International Group Inc)

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties party entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Vasomedical Inc), Registration Rights Agreement (Vasomedical Inc)

No Waiver; Modifications in Writing. No failure or delay by a party Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party Party at law or in equity or otherwise. No waiver of or consent to any departure by a party Party from any provision of this Agreement shall be effective unless signed in writing by the parties Parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all partiesParties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 2 contracts

Samples: Stock Purchase & Registration Rights Agreement (Steinberg Arthur Jay), Stock Purchase (Startech Environmental Corp)

No Waiver; Modifications in Writing. No failure or delay by a on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No amendment, modification, supplement, termination or waiver of or to any provision of this Agreement, or consent to any departure by a party from any provision of this Agreement therefrom, shall be effective unless signed the same shall be in writing and signed by or on behalf of the parties entitled party to be charged with the benefit enforcement thereof. No Any amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Renewable Energy Group, Inc.), Agreement for Purchase and Sale (Renewable Energy Group, Inc.)

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all partiesthe Company and Lender. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 2 contracts

Samples: Registration Rights Agreement (Electric City Corp), And Warrant Purchase Agreement (Cit Group Inc)

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any exercisingany right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single anysingle or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Stock Purchase & Registration Rights Agreement (Startech Environmental Corp)

No Waiver; Modifications in Writing. No failure or delay by a party on the part of Grantee in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification modification, supplement, termination or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification waiver of or to any provision of this AgreementDeed, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the party to be charged with the enforcement thereof. Any amendment, modification or supplement of or to any provision of this Deed, any waiver of any provision of this AgreementDeed, and any consent to any departure from the terms of any provision of this AgreementDeed, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Security Agreement (Industrial Income Trust Inc.)

No Waiver; Modifications in Writing. No Except as otherwise provided herein, no failure or delay by a on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any a party at law Law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No Except as otherwise provided herein, no amendment, waiver, consent, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all partieseach of the parties hereto or thereto affected by such amendment, waiver, consent, modification or termination. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, Agreement and any consent to any departure from the terms of any provision of this Agreement, Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on a Party in any case shall entitle a Party to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Stock Purchase Agreement (Trupanion, Inc.)

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No Waiver; Modifications in Writing. No failure or delay by a on the part of any party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No amendment, modification, supplement, termination or waiver of or to any provision of this Agreement, or consent to any departure by a party from any provision of this Agreement therefrom, shall be effective unless signed the same shall be in writing and signed by or on behalf of the parties entitled party to be charged with the benefit enforcement thereof. No Any amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which it is made or given.

Appears in 1 contract

Samples: Asset Purchase Agreement (Soy Energy, LLC)

No Waiver; Modifications in Writing. No failure or delay by a party on the part of Beneficiary in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification modification, supplement, termination or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification waiver of or to any provision of this AgreementDeed of Trust, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the party to be charged with the enforcement thereof. Any amendment, modification or supplement of or to any provision of this Deed of Trust, any waiver of any provision of this AgreementDeed of Trust, and any consent to any departure from the terms of any provision of this AgreementDeed of Trust, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Industrial Income Trust Inc.

No Waiver; Modifications in Writing. No failure or delay by a party on the part of Grantee in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification modification, supplement, termination or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification waiver of or to any provision of this AgreementSecurity Deed, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the party to be charged with the enforcement thereof. Any amendment, modification or supplement of or to any provision of this Security Deed, any waiver of any provision of this AgreementSecurity Deed, and any consent to any departure from the terms of any provision of this AgreementSecurity Deed, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Secure Debt and Security Agreement (Strategic Storage Trust, Inc.)

No Waiver; Modifications in Writing. No failure or delay by a party on the ----------------------------------- part of any Issuer or the Initial Purchasers in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party Issuer or the Initial Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by a party any Issuer or Initial Purchasers from any provision of this Agreement shall be effective unless signed in writing by the parties party entitled to the benefit thereof, provided -------- that notice of any such waiver shall be given to each party hereto as set forth below. No Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification on behalf of or to any provision each of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.the

Appears in 1 contract

Samples: Purchase Agreement (Muzak Holdings Finance Corp)

No Waiver; Modifications in Writing. No failure or delay by a party on the part of any Party in exercising any right, power or remedy hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the The remedies provided for herein in this Agreement are cumulative and are not exclusive of any remedies that may be available to any party Party at law or law, in equity or otherwise. No amendment, modification, supplement, termination or waiver of or to any provision of this Agreement, or consent to any departure by a party from any provision of this Agreement therefrom, shall be effective unless signed the same shall be in writing and signed by all of the parties entitled to the benefit thereofParties. No Any amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Asset Purchase Agreement (Staffing 360 Solutions, Inc.)

No Waiver; Modifications in Writing. No failure or delay by a party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Except as otherwise expressly provided herein with respect to any right of indemnification, the remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any party at law or in equity or otherwise. No waiver of or consent to any departure by a party from any provision of this Agreement shall be effective unless signed in writing by the parties entitled to the benefit thereof. No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by all parties. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, Agreement and any consent to any departure from the terms of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Stock Purchase & Registration Rights Agreement (Startech Environmental Corp)

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