Common use of Alterations and Waivers Clause in Contracts

Alterations and Waivers. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy under this Agreement, whether by agreement of the parties or by custom, course of dealing or trade practice, will not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will operate as a waiver of such provisions with respect to such occurrences.

Appears in 9 contracts

Samples: Contribution Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.)

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Alterations and Waivers. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy under this Agreementhereunder, whether by agreement of the parties or by custom, course of dealing or trade practice, will shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will operate as a waiver of such provisions with respect to such occurrences.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Pacific Magtron International Corp), Asset Purchase Agreement (Imge Inc)

Alterations and Waivers. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy under this Agreementhereunder, whether by agreement of the parties or by custom, course of dealing or trade practice, will shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will shall operate as a waiver of such provisions with respect to such occurrences.

Appears in 1 contract

Samples: Asset Purchase Agreement (Vista Medical Technologies Inc)

Alterations and Waivers. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy under this Agreement, whether by agreement of the parties or by custom, course of dealing or trade practice, will shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will shall operate as a waiver of such provisions with respect to such occurrences.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bioject Medical Technologies Inc)

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Alterations and Waivers. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy under this Agreementthereunder, whether by agreement of the parties or by custom, course of dealing or trade practice, will shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will shall operate as a waiver of such provisions with respect to such occurrences.

Appears in 1 contract

Samples: Patent License Agreement (International Remote Imaging Systems Inc /De/)

Alterations and Waivers. The waiver, amendment amendment, or modification of any provision of this Agreement or any right, power or remedy under this Agreementhereunder, whether by agreement of the parties or by custom, course of dealing or trade practice, will shall not be effective unless in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. No failure or delay by either party in exercising any right, power or remedy with respect to any of the provisions of this Agreement will shall operate as a waiver of such provisions with respect to such occurrencesoccurrence.

Appears in 1 contract

Samples: Product Purchase Agreement (Level 8 Systems)

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