Common use of Waiver of Compliance Clause in Contracts

Waiver of Compliance. Any failure of Sellers, on the one hand, or Buyer on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Kti Inc), Securities Purchase Agreement (Kti Inc), Securities Purchase Agreement (Kti Inc)

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Waiver of Compliance. Any failure of Sellersany Seller, on the one hand, or Buyer Buyer, on the other hand, to comply with any an obligation, covenant, agreement or condition herein contained in this Purchase Agreement may be expressly waived in writing by an authorized officer of the other partynon-failing Party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (DCP Midstream Partners, LP), Purchase and Sale Agreement (DCP Midstream Partners, LP)

Waiver of Compliance. Any failure of Sellersthe Seller, on the one hand, or the Buyer on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Kti Inc), Asset Purchase Agreement (Kti Inc), Asset Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of SellersBuyer, on the one hand, or Buyer Seller, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound thereby, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 3 contracts

Samples: Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (Coinstar Inc)

Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer Buyer, on the other hand, to comply with any an obligation, covenant, agreement or condition herein may contained in this Purchase Agreement must be expressly waived in writing by an authorized officer of the other partynon-failing Party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 3 contracts

Samples: Purchase Agreement (PBF Logistics LP), Purchase Agreement (PBF Logistics LP), Purchase Agreement

Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer Buyer, on the other hand, to comply with any an obligation, covenant, agreement or condition herein contained in this Purchase Agreement may be expressly waived in writing by an authorized officer of the other partynon-failing Party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 3 contracts

Samples: Purchase Agreement (Buckeye Partners, L.P.), Purchase Agreement (Buckeye Partners, L.P.), Purchase Agreement (Magellan Midstream Partners Lp)

Waiver of Compliance. Any failure of Sellers, Buyer on the one hand, or Buyer a Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Collegiate Pacific Inc), Stock Purchase Agreement (Emerson Radio Corp)

Waiver of Compliance. Any failure of Sellers, the Buyer on the one hand, or Buyer the Company, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Zayo Group LLC), Agreement and Plan of Merger (Zayo Group LLC)

Waiver of Compliance. Any failure of Sellers, on the one hand, or Buyer Buyer, on the other hand, to comply with any an obligation, covenant, agreement or condition herein contained in this Purchase Agreement may be expressly waived in writing by an authorized officer of the other partynon-failing Parties, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Interest Purchase Agreement (BP Midstream Partners LP), Interest Purchase Agreement

Waiver of Compliance. Any failure of Sellersthe Buyer, on the one hand, or Buyer Sellers, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Exchange Agreement and Plan of Reorganization (Eduverse Com), Stock Exchange Agreement (Eduverse Com)

Waiver of Compliance. Any failure of Sellers, Buyer on the one hand, or Buyer a Selling Stockholder, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Collegiate Pacific Inc), Stock Purchase Agreement (Collegiate Pacific Inc)

Waiver of Compliance. Any failure of Sellers, on the one hand, Company or Buyer on the other hand, Purchaser to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Vialink Co), Securities Purchase Agreement (I2 Technologies Inc)

Waiver of Compliance. Any failure of Sellers, Sellers on the one hand, or Buyer Buyer, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized any duly elected officer of the other partyBuyer or Sellers’ Representative, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Regional Brands Inc.), Asset Purchase Agreement (Gibraltar Industries, Inc.)

Waiver of Compliance. Any failure of Sellers, Seller on the one hand, or Buyer the Company on the other hand, to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived in writing by an authorized officer of the other partyCompany or Seller, respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent subsequent, continuing or other failure.

Appears in 2 contracts

Samples: Stock Repurchase Agreement, Stock Repurchase Agreement (Document Sciences Corp)

Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition herein contained in this Agreement may be expressly waived in writing by an authorized officer of the other partynon-failing Party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Midstream Partners, LP), Purchase and Sale Agreement

Waiver of Compliance. Any failure of Sellers, Parent or Buyer on the one hand, or Buyer Seller, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Collegiate Pacific Inc), Asset Purchase Agreement (Concentra Operating Corp)

Waiver of Compliance. Any failure of Sellers, the Seller Parties on the one hand, or Buyer the Buyer, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized any duly elected officer of the other partyBuyer or the Seller Parties, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Gibraltar Industries, Inc.)

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Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of Sellers, Buyer on the one hand, or Buyer a Seller Party, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by an authorized officer of the other partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Collegiate Pacific Inc)

Waiver of Compliance. Any failure of Sellers, on the one hand, Sellers or Buyer on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or an estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Purchase Agreement (Canandaigua B V)

Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer Buyers on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of Sellers, on the one hand, or Buyer on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer offer of the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of SellersParent and Buyer, on the one hand, or Buyer Seller, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an a duly authorized officer of the other partySeller or Parent and Buyer, respectively, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Purchase Agreement (Intermagnetics General Corp)

Waiver of Compliance. Any failure of the Sellers or Sellers, ’ Agent and the Corporation on the one hand, or Buyer Buyer, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer the President or a Vice President of the other any such party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Stone Consulting Services Inc)

Waiver of Compliance. Any failure of SellersSeller, on the one hand, or Buyer Purchaser on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by an authorized officer of the other partyparty or parties, as the case may be, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to of any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Big Flower Holdings Inc)

Waiver of Compliance. Any failure of Sellers, on the one hand, -------------------- or Buyer Buyer, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer the President or a Vice President of the other any such party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Equity Purchase Agreement (Star Gas Partners Lp)

Waiver of Compliance. Any failure of Sellers, on the one hand, or Buyer Buyer, on the other handother, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by an authorized officer the President or a Vice President of the other any such party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to to, any subsequent or other failure.

Appears in 1 contract

Samples: Equity Purchase Agreement (Star Gas Partners Lp)

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