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

Amendment and Modification; Waiver of Compliance. This Agreement may not be amended, modified, altered or supplemented except by means of a written instrument executed on behalf of each of the parties hereto. For clarity, each Stockholder may without the consent of any other Person waive or terminate its respective rights to designate directors for nomination to the Board at any time by written notice to the Corporation. Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stockholders Agreement (Fluence Energy, Inc.), Stockholders Agreement (Fluence Energy, Inc.)

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Amendment and Modification; Waiver of Compliance. This Agreement may not be amended, modified, altered or supplemented except by means of a written instrument executed on behalf of each of the parties hereto. For clarity, Corporation each Stockholder of the Original Members; provided that the Corporation may update Schedule A and Schedule B to this Agreement following the admission of additional Original Members and/or Proxy Granting Member pursuant to Section 9 without the consent of any the other Person waive or terminate its respective rights to designate directors for nomination to the Board at any time by written notice to the Corporationparties hereto. Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stockholders Agreement (Bridge Investment Group Holdings Inc.)

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Amendment and Modification; Waiver of Compliance. This Agreement may not be amended, modified, altered or supplemented except by means of a written instrument executed on behalf of each of the parties hereto. For clarityCompany, each Stockholder may without Netmarble and the consent Founder or Founders holding a majority of any other Person waive or terminate its respective rights to designate directors for nomination to the Board at any time outstanding Common Stock then held by written notice to the CorporationFounders who are then serving as an Executive Officer of the Company. Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Business Combination Agreement (DPCM Capital, Inc.)

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