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. Any agreement on the part of a Party to any extension or waiver in respect of this Agreement 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 4 contracts

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

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Amendment and Modification; Extension; Waiver. This Except with respect to assignments effected in accordance with Section 12, this Agreement may be amended, modified or supplemented only by an instrument in writing signed on behalf of each of the Parties. Any agreement on the part of a Party to any extension or waiver in respect of this Agreement 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: Settlement Agreement and Release (Pepco Holdings Inc), Settlement Agreement and Release (Mirant Americas Generating LLC)

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