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

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Coram Healthcare Corp), Asset Purchase Agreement (Summit Technology Inc), Non Solicitation and Referral Agreement (Greenpoint Financial Corp)

AutoNDA by SimpleDocs

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, termterms, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, Agreement in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Interpool Inc), Asset Purchase Agreement (Interpool Inc)

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, amended or modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement. Any waiver must be in writing.

Appears in 1 contract

Samples: Asset Purchase Agreement (Opticare Health Systems Inc)

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, termterms, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Transamerica Finance Corp)

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Saxon Capital Inc)

AutoNDA by SimpleDocs

Amendment and Modification; Waiver of Provisions. This ------------------------------------------------ Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, termterms, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, Agreement in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Union Tank Car Co)

Amendment and Modification; Waiver of Provisions. This Agreement may be amended, modified or waived only by a written instrument executed by all of the parties hereto. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right of such party at a later date to enforce the same. No waiver by any party of any condition or the breach of any provision, term, covenant, representation, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, representation or warranty of this Agreement.. 25

Appears in 1 contract

Samples: Residual Assignment and Services Agreement (Saxon Capital Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.