Common use of Waiver; Consent Clause in Contracts

Waiver; Consent. This Agreement may not be changed, amended, --------------- augmented, or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded, or discharged (other than by performance), in whole or in part, except by a writing executed signed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, ----------- --------------- amended, --------------- terminated, augmented, rescinded, or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by all the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed parties claiming to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any condition of this Agreement or breach by the any other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the such other party, nor shall any forbearance by the first any party to seek a remedy for any noncompliance or breach by the any other party be deemed to be a waiver by the first any party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no . No waiver of any of the provisions or conditions of this Agreement or of any of the rights of a party hereto shall be effective or binding unless such that waiver shall be is in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the any other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the that other party, nor shall any forbearance by the first any party to seek a remedy for any noncompliance or breach by the any other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, ; and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties Parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent that a party Party hereto may have otherwise agreed in writing, no waiver by that party Party of any condition of this Agreement or breach by the other party Party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other partyParty, nor shall any forbearance by the first party Party to seek a remedy for any noncompliance or breach by the other party Party be deemed to be a waiver by the first party Party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, ----------- --------------- terminated, augmented, rescinded, or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performancein accordance with its terms), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed claiming to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed agree in writing, no waiver by that party of any condition of this Agreement Agreement, or breach by the other party of any of his or its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other partyparty or parties, nor shall any forbearance by the first party or parties to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party or parties of his, its or their rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties Parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent that a party Party hereto may have otherwise agreed in writing, no waiver by that party Party of any condition of this Agreement or breach by the other party Party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other partyParty, nor shall any forbearance by the first party Party to seek a remedy for any noncompliance or 139 154 breach by the other party Party be deemed to be a waiver by the first party Party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by each of the parties hereto, hereto and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any condition of this Agreement or breach by the any other party of any of its obligations obligations, representations or representations warranties hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation or warranty by the such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the such other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, ------------------------------ amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.. Section 12.7

Waiver; Consent. This Agreement may not be changed, amended, --------------- augmentedterminated, augmented rescinded, or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any any, other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, part except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties heretoBuyer and each of the Sellers, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding (and no party shall waive any provision or condition of, or right under this Agreement) unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other another party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other another party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- augmented, or discharged (other than by performance), in whole or in --------------- part, except by a writing executed by the parties hereto, ; and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto; provided, however, that a writing executed by Company Shareholders that held immediately prior to the closing at least a majority of the shares of outstanding Company Capital Stock shall constitute a writing executed by all Company Shareholders. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, ; and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This (i) Except as expressly provided herein, this -------------- License Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performancein accordance with its terms), in whole or in part, except by a writing executed by the parties Parties hereto, and no . No waiver of any of the provisions or conditions of this License Agreement or any of the rights of a party Party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party Party claimed to have given or consented thereto. Except to the extent that a party Party hereto may have otherwise agreed in writing, no waiver by that party Party of any term, condition or other provision of this Agreement License Agreement, or any breach thereof by the any other party of any of its obligations or representations hereunder or thereunder Party shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent or prior breach of the same term, condition or any other obligation or representation provision by the other partyParty, nor shall any forbearance by the first party Party or Parties to seek a remedy for any noncompliance or breach by the other party Party be deemed to be a waiver by the first party Party of its its, his, her or their rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performancein accordance with its terms), in whole or in part, except by a writing executed by the parties hereto, and no . No waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any term, condition or other provision of this Agreement Agreement, or any breach thereof by the any other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent or prior breach of the same term, condition or any other obligation or representation provision by the other party, nor shall any forbearance by the first party or parties to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its its, her or their rights and remedies with respect to such noncompliance or breach.. 8.9

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by each of the parties heretohereto (which may include a writing executed by Sellers' Agent on behalf of each of the Sellers), and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any condition of this Agreement or breach by the any other party of any of its obligations obligations, representations or representations warranties hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation or warranty by the such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the such other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, ; and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.

Waiver; Consent. This Agreement may not be changed, amended, --------------- terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.. 7.7

Waiver; Consent. This Agreement may not be changed, amended, --------------- augmented, terminated or discharged (other than by performance)modified, in whole or in part, except by a writing executed by the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed in writing, no waiver by that party of any condition of this Agreement or breach by the other party of any of its obligations or representations hereunder or thereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation by the other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by the other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.