Amendment and Modification; No Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by written agreement executed and delivered by each of the respective parties. No provision of this Agreement may be waived, discharged or terminated other than by an instrument in writing signed by the party against whom the enforcement of such waiver, discharge or termination is sought, except that this Agreement may be terminated as set forth in Section 5. The failure of either party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement at law or in equity, or to insist upon compliance by any other party with its obligations under this Agreement, shall not constitute a waiver of such party’s right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 4 contracts
Samples: Voting and Support Agreement (Medytox Solutions, Inc.), Voting and Support Agreement (Medytox Solutions, Inc.), Voting and Support Agreement (CollabRx, Inc.)
Amendment and Modification; No Waiver. This Agreement may be amended, modified and supplemented in any and all respects only by written agreement executed and delivered by each of the respective parties. No provision of this Agreement may be waived, discharged or terminated other than by an instrument in writing signed by the party against whom the enforcement of such waiver, discharge or termination is sought, except that this Agreement may be terminated as set forth in Section 5. The failure of either party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement at law or in equity, or to insist upon compliance by any other party with its obligations under this Agreement, shall not constitute a waiver of by such party’s right to exercise any such or other right, power or ore remedy or to demand such compliance.
Appears in 3 contracts
Samples: Voting and Support Agreement (Amtech Systems Inc), Voting and Support Agreement (Btu International Inc), Voting and Support Agreement (Btu International Inc)
Amendment and Modification; No Waiver. This Agreement may be amended, modified and supplemented in any and all respects aspect only by a written agreement executed and delivered by each of the respective partiesall parties hereto. No provision of this Agreement may be waived, discharged or terminated other than by an instrument in writing signed by the party against which or whom the enforcement of such waiver, discharge or termination is sought, sought except that this Agreement may be terminated for a termination as set forth provided in Section 54. The failure of either any party to exercise any right, power or remedy provided under this Agreement or otherwise available in respect of this Agreement at law or in equityAgreement, or to insist upon compliance by any other party with its obligations under this Agreement, shall not constitute a waiver of such party’s 's right to exercise any such or other right, power or remedy or to demand such compliance.
Appears in 2 contracts
Samples: Agreement (CollabRx, Inc.), Agreement (CollabRx, Inc.)