Common use of Waiver; Amendment Clause in Contracts

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 57 contracts

Samples: Employment Agreement (Premier Exhibitions, Inc.), Employment Agreement (Premier Exhibitions, Inc.), Consulting Agreement (Premier Exhibitions, Inc.)

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Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized representatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 48 contracts

Samples: User License Agreement, User License Agreement, User License Agreement

Waiver; Amendment. The waiver by any either party of or the failure by either party to this Agreement of claim a breach of any provision hereof by any other party of this Agreement shall not be, or be construed as held to be, a waiver of any subsequent breach by or affect in any partyway the further effectiveness of any such provision. No provision term or condition of this Agreement may be terminated, amended, supplemented, waived or modified other than except by an instrument in writing signed agreement by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtparties in writing.

Appears in 27 contracts

Samples: Open Access License Agreement, Access License Agreement, Access License Agreement

Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or modification or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized representatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 24 contracts

Samples: Software Upgrade License Agreement, Core License Agreement, Core License Agreement

Waiver; Amendment. The waiver by any party to this This Agreement of a breach of any provision hereof by any other party shall may not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplementedreleased, waived discharged, abandoned, changed, or modified other than in any manner, except by an instrument in writing signed by the party against whom the enforcement each of the terminationparties hereto. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, amendment, supplement, nor in any way to affect the validity of this Agreement or any part thereof or the right of any party thereafter to enforce each and every such provision. No waiver or modification is soughtany breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 21 contracts

Samples: Transition Agreement, Class B Conversion Agreement (Lithia Motors Inc), Transition Agreement (Lithia Motors Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 8 contracts

Samples: Employment Agreement (Schmitt Industries Inc), Employment Agreement (Schmitt Industries Inc), Employment Agreement (Mackie Designs Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 8 contracts

Samples: Employment Agreement (Consolidated Tomoka Land Co), Employment Agreement (Consolidated Tomoka Land Co), Employment Agreement (Consolidated Tomoka Land Co)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any partybreach. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing writing, signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 6 contracts

Samples: Employment Agreement (Tegal Corp /De/), Employment Agreement (Tegal Corp /De/), Employment Agreement (Tegal Corp /De/)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement hereto of a breach by the other party of any provision hereof by any other party of this Agreement shall not operate or be construed as a continuing waiver or a waiver of any subsequent breach by any such party. No provision of this Agreement may Except as otherwise provided herein, no waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument valid unless in writing and signed by the party against whom exercising such waiver. Any modification or amendment of this Agreement shall be in writing and signed by the enforcement of the termination, amendment, supplement, waiver or modification is soughtparties hereto.

Appears in 3 contracts

Samples: Reinsurance Agreement (Ceres Group Inc), Reinsurance Agreement (Provident American Corp), Reinsurance Agreement (Forever Enterprises Inc)

Waiver; Amendment. The No waiver by a party of any party to this Agreement of a breach of any provision hereof by any other party of this Agreement shall not be construed as deemed to be a waiver of any preceding or subsequent breach by of the same or similar nature or of any partyother provision of this Agreement. No Any waiver shall be limited to the specific instance and purpose for which it is given. Any amendment, modification or waiver of any term or provision of this Agreement may shall only be terminatedeffective if such amendment, amended, supplemented, waived modification or modified other than waiver is evidenced by an instrument in writing signed duly executed by the party against whom the enforcement each of the termination, amendment, supplement, waiver or modification is soughtparties hereto.

Appears in 3 contracts

Samples: Services Agreement (Viral Genetics Inc /De/), Joint Venture Agreement (Viral Genetics Inc /De/), Cooperation and Joint Venture Agreement (Interlock Services Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 2 contracts

Samples: Employment Agreement (XRG Inc), Consulting Agreement (XRG Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.. ​

Appears in 2 contracts

Samples: Employment Agreement (CTO Realty Growth, Inc.), Employment Agreement (CTO Realty Growth, Inc.)

Waiver; Amendment. The waiver by any party to this Agreement of a or breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 2 contracts

Samples: Amended Employment Agreement (Dac Technologies Group International Inc), Amended Employment Agreement (Dac Technologies Group International Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived waived, or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 2 contracts

Samples: Employment Agreement (Healthsport, Inc.), Employment Agreement (Healthsport, Inc.)

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Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized represen- tatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 1 contract

Samples: End User License Agreement

Waiver; Amendment. The No waiver by any party to this Agreement of a any breach of any term or provision hereof by any other party of this Agreement shall not be construed as to be, nor be, a waiver of any subsequent preceding, concurrent or succeeding breach by of this Agreement or of any party. No other term or provision of this Agreement may Agreement. No waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument binding on the part of any party unless set forth in a writing signed by the party against whom the enforcement such party. This Agreement may not be modified except by a written agreement signed by an authorized representative of the termination, amendment, supplement, waiver or modification is soughteach party.

Appears in 1 contract

Samples: Mutual Termination Agreement (Viracta Therapeutics, Inc.)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any the other party or the occurrence of an event constituting "cause" shall not be construed as a waiver of any subsequent breach by any partyor event. No provision of this Agreement agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing writing, signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 1 contract

Samples: Form of Employment Agreement (Zebu)

Waiver; Amendment. The waiver by any party to of this Agreement agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. parry No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.agreement may

Appears in 1 contract

Samples: Employment Agreement (Innova Pure Water Inc /Fl/)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement Party hereto of a breach by another Party of any provision hereof by any other party of this Agreement shall not operate or be construed as a continuing waiver or a waiver of any subsequent breach by any partysuch Party. No provision Except as otherwise provided herein, no waiver shall be valid unless in writing and signed by the Party exercising such waiver. Any modification or amendment of this Agreement may shall be terminated, amended, supplemented, waived or modified other than by an instrument in writing and signed by the party against whom the enforcement all of the termination, amendment, supplement, waiver or modification is soughtParties hereto.

Appears in 1 contract

Samples: Assumption Reinsurance Agreement (US Alliance Corp)

Waiver; Amendment. The waiver by any party to of this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 1 contract

Samples: Royalty Agreement (Innova Pure Water Inc /Fl/)

Waiver; Amendment. The No waiver by either party of any breach by the other party to of any of the provisions of this Agreement of a breach of any provision hereof by any other party shall not be construed as deemed a waiver of any subsequent preceding or succeeding breach by any partyof the same or other provision hereof. No provision of this Agreement may such waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument effective unless in writing signed by and then only to the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtextent expressly set forth in writing.

Appears in 1 contract

Samples: Training Grant Services Agreement (First Advantage Corp)

Waiver; Amendment. The waiver by any party to this the Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this the Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 1 contract

Samples: Employment Agreement (Premier Exhibitions, Inc.)

Waiver; Amendment. The waiver by any party to this Agreement of a or breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived waived, or modified other than by an instrument all instruments in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 1 contract

Samples: Employment Agreement (Dac Technologies Group International Inc)

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