Common use of Waiver of Provisions Clause in Contracts

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 17 contracts

Samples: Employment Agreement (Meritage Corp), Agreement of Purchase and Sale (Hypercom Corp), Employment Agreement (Ugly Duckling Corp)

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Waiver of Provisions. The provisions, terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party hereto waiving compliance. The failure of any party hereto at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right of such party at a later date to enforce the same. No waiver by any party hereto of any condition, condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Republic Airways Holdings Inc), Partnership Interest Purchase Agreement (Navarre Corp /Mn/), Partnership Interest Purchase Agreement (Ws Financing Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, in no manner, provision of this Agreement shall not affect the right exercise of a party's rights at a later date to enforce the samedate. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, Agreement in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Acme Intermediate Holdings LLC), Membership Contribution Agreement (Acme Television LLC), Membership Purchase Agreement (Acme Intermediate Holdings LLC)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 6 contracts

Samples: Asset Purchase and Sale Agreement (Robotic Vision Systems Inc), Asset Purchase and Sale Agreement (Robotic Vision Systems Inc), Asset Sale and Purchase Agreement (Orbital Sciences Corp /De/)

Waiver of Provisions. The terms, covenants, representations, warranties, -------------------- warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 6 contracts

Samples: Stock Purchase and Voting Agreement (Go2net Inc), Stock Purchase and Voting Agreement (Vulcan Ventures Inc), Agreement (Mirage Resorts Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 5 contracts

Samples: Purchase Agreement (Black Hawk Gaming & Development Co Inc), Asset Purchase Agreement (Tranzonic Companies), Purchase Agreement (Diversified Opportunities Group LTD)

Waiver of Provisions. The terms, agreements, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or the breach of any provision, term, agreement, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, Agreement in :any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, agreement, covenant, representation, representation or warranty of this Agreementwarranty.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Electric City Corp), Agreement and Plan of Merger (Electric City Corp), Agreement and Plan of Merger (Electric City Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or waiver of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Meritage Homes CORP), Agreement of Purchase and Sale (Meritage Corp), Master Transaction Agreement (Zenith National Insurance Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 4 contracts

Samples: Stock Purchase Agreement (High Speed Access Corp), Stock Purchase and Voting Agreement (Go2net Inc), Stock Purchase and Voting Agreement (Go2net Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, covenants and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or waiver of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 3 contracts

Samples: Master Transaction Agreement (Zenith National Insurance Corp), Agreement of Purchase and Sale (Meritage Corp), Indemnification Agreement (Zenith National Insurance Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Meritage Homes CORP), Agreement of Purchase (Zila Inc), Master Transaction Agreement (Meritage Homes CORP)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement the Agreements may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreementthe Transaction Agreements, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreementthe Transaction Agreements.

Appears in 2 contracts

Samples: Indemnification Agreement (Meritage Homes CORP), Master Transaction Agreement (Meritage Homes CORP)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Master Transaction Agreement (Meritage Homes CORP), Indemnification Agreement (Meritage Homes CORP)

Waiver of Provisions. The terms, covenants, representations, warranties, -------------------- warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Farm Journal Corp), Stock Purchase Agreement (Farm Journal Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. A breach of any representation, warranty or covenant shall not be affected by the fact that a more general or more specific representation, warranty or covenant was not also breached.

Appears in 2 contracts

Samples: Schedules and Exhibits (Prism Financial Corp), Purchase and Sale Agreement (Prism Financial Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, in no manner, provision of this Agreement shall not affect the right exercise of a party's rights at a later date to enforce the samedate. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (SFX Broadcasting Inc), Asset Purchase Agreement (SFX Broadcasting Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party hereto at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the such party’s right at a later date to enforce the samesame provision or any other provision. No waiver by any party hereto of any condition, condition or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver by such party of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Prime Group Realty Trust)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions provision hereof shall, shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Asset Purchase and Consignment Agreement (Art Renaissance Inc)

Waiver of Provisions. The terms, covenants, -------------------- representations, warranties, and warranties or conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions provision hereof shall, shall in no manner, manner affect the right at a later date time to enforce the same. No waiver by any party of any condition, or the breach of any provision, term, term covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Acquisition Agreement (Smith C D Drug Co)

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Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such 45 condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Monterey Homes Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or waiver of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Escrow Agreement (Meritage Homes CORP)

Waiver of Provisions. The terms, covenants, representations, warranties, -------------------- and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Wesley Jessen Holding Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party Party waiving compliance. The failure of any party either Party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party either Party of any condition, or any breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Investment Agreement (Intrepid Capital Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one anyone or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any .any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cycle Country Accessories Corp)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The rights and remedies of the parties to this Agreement are cumulated and not alternative. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nbty Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party Person waiving compliance. The failure of any party hereto at any time or times to require performance of any provisions hereof shall, provision of this Agreement shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, condition or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Nexstar Broadcasting Group Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.. 5.10

Appears in 1 contract

Samples: Purchase Agreement

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shallwill, in no manner, affect the right of such party at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Diedrich Coffee Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, covenants and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall, provision of the Agreement shall in no manner, manner affect the right at a later date to enforce the samesame or to enforce any future compliance with or performance of any of the provisions hereof. No waiver by any party of any condition, condition or other breach of any provision, term, covenant, representation, term or warranty contained in covenant this Agreement, Agreement whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, term or warranty covenant of this Agreement.

Appears in 1 contract

Samples: License Agreement (Execute Sports Inc)

Waiver of Provisions. The terms, covenants, representations, warranties, warranties and conditions of this Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof shall, shall in no manner, manner affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (LCC International Inc)

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