Common use of Amendment and Modification; Extension; Waiver Clause in Contracts

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party may (i) extend the time for the performance of any of the obligations or other acts of the other Party, (ii) waive any inaccuracies in the representations and warranties of the other Party contained in this Agreement or (iii) waive compliance by the other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 8 contracts

Samples: Turbine Asset Purchase and Sale Agreement (Consolidated Edison Co of New York Inc), Asset Purchase and Sale Agreement (NRG Energy Inc), Generating Plant and Gas Turbine Asset Purchase and Sale Agreement (Consolidated Edison Co of New York Inc)

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Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party may (i) extend the time for the performance of any of the obligations or other acts of the other Party, (ii) waive any inaccuracies in the representations and warranties of the other Party contained in this Agreement or (iii) waive compliance by the other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Interconnection Agreement (Southern Energy Inc), Interconnection Agreement (Potomac Electric Power Co)

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party The Parties may (i) extend the time for the performance of any of the obligations or other acts of the other a Party, (ii) waive any inaccuracies in the representations and warranties of the other a Party contained in this Agreement or (iii) waive compliance by the other a Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party the Parties to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Partyall Parties. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Ch Energy Group Inc), Asset Purchase and Sale Agreement (Ch Energy Group Inc)

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Partiesparties. Either Party party may (i) extend the time for the performance of any of the obligations or other acts of the other Partyparty, (ii) waive any inaccuracies in the representations and warranties of the other Party party contained in this Agreement or (iii) waive compliance by the other Party party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of by such Partyparty. The failure of a Party any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Subscription Agreement (Northeast Optic Network Inc), Subscription Agreement (Northeast Optic Network Inc)

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party The Parties may (ia) extend the time for the performance of any of the obligations or other acts of the other a Party, (iib) waive any inaccuracies in the representations and warranties of the other a Party contained in this Agreement or (iiic) waive compliance by the other a Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party the Parties to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Partyall Parties. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dynegy Holdings Inc)

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Amendment and Modification; Extension; Waiver. This Agreement --------------------------------------------- may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party may (i) extend the time for the performance of any of the obligations or other acts of the other Party, (ii) waive any inaccuracies in the representations and warranties of the other Party contained in this Agreement or (iii) waive compliance by the other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 1 contract

Samples: License and Attachment Agreement (Mirant Mid Atlantic LLC)

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party Seller, on the one hand, and Buyers, on the other hand, may (i) extend the time for the performance of any of the obligations or other acts of the any other Party, (ii) waive any inaccuracies in the representations and warranties of the any other Party contained in this Agreement or (iii) waive compliance by the any other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Allegheny Energy Inc)

Amendment and Modification; Extension; Waiver. This Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Either Party may (i) extend the time for the performance of any of the obligations or other acts of the other Party, (ii) waive any inaccuracies in the representations and warranties of the other Party contained in this Agreement or (iii) waive compliance by the other Party with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a Party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such Party. The failure of a Party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.. 8.8

Appears in 1 contract

Samples: License and Attachment Agreement (Potomac Electric Power Co)

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