Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 26 contracts

Samples: Asset Purchase Agreement (Cloudastructure, Inc.), Service Agreement (Unifund Financial Technologies, Inc.), Asset Purchase Agreement (STRATA Skin Sciences, Inc.)

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Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 22 contracts

Samples: Enterprise License Agreement, Software as a Service (Saas) Agreement (Brag House Holdings, Inc.), Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoparty’s authorized Representative. No waiver by any party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 14 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. This Except as set forth herein, no amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 13 contracts

Samples: Software and Services License Agreement (Tirios Propco Series LLC), Software and Services License Agreement (Casa Shares Assets, LLC), Software and Services License Agreement (Ysmd, LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 12 contracts

Samples: Software Evaluation License Agreement, Software Evaluation License Agreement, Software Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 11 contracts

Samples: Preferred Stock Purchase Option Agreement (FlexShopper, Inc.), Share Exchange Agreement (Blackboxstocks Inc.), Merger Agreement (Blackboxstocks Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 9 contracts

Samples: Participating Addendum, Software Subscription Agreement, Software License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 8 contracts

Samples: Exclusive Reseller Agreement, Nanthealth License Agreement, Exclusive Reseller Agreement (NantHealth, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 8 contracts

Samples: Software as a Service Agreement, Software Platform Service Agreement, Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. .. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 7 contracts

Samples: Exclusive License, Assignment and Talent Agreement (Manse Usa LLC), Exclusive License, Assignment and Talent Agreement (Manse Usa LLC), Exclusive License, Assignment and Talent Agreement (Manse Usa LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Samples: Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Samples: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC), Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoof the Parties. No waiver by any party of the Parties of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Samples: Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Samples: Purchase Agreement (Cohen Daniel G), Note Purchase Agreement (Helios & Matheson Analytics Inc.), Termination and Release Agreement (Ricciardi Christopher)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingboth Parties. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 5 contracts

Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. This Agreement Agreement, including the Service Schedules, may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 5 contracts

Samples: Transition Services Agreement (Bloomios, Inc.), Transition Services Agreement (Smith & Wesson Brands, Inc.), Transition Services Agreement (American Outdoor Brands, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Samples: Put Option Agreement (Innoviz Technologies Ltd.), Put Option Agreement (Collective Growth Corp), Call Option Agreement (Global Clean Energy Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Samples: Mutual License and Reseller Agreement, Strategic Alliance Agreement (Phreesia, Inc.), Mutual License and Reseller Agreement (Nant Health, LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Contribution Agreement, Contribution Agreement (Pattern Energy Group Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoBuyer and Sellers. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Master Conveyance Agreement (Ionic Digital Inc.), Investment Agreement (Cohen & Co Inc.), Investment Agreement (Cohen & Co Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented any Order is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented by identified as an agreement in writing amendment to this Agreement and signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Enterprise Software Trial Agreement, Enterprise Software License Agreement, Enterprise Software Trial Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Software License, Hardware, and Services Agreement, Software License Agreement (TOP Financial Group LTD), Licensing Agreement (MYnd Analytics, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Data License Agreement, Linkage Data Agreement, Linkage Data Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Management Services Agreement (Ionic Digital Inc.), Aircraft Management Services Agreement (Flyexclusive Inc.), Aircraft Management Services Agreement (Volato Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Management Services Agreement (Denali SPAC Holdco, Inc.), Share Purchase Agreement (Otsego Shares, LLC), Share Purchase Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: KSG Subscription Agreement, KSG Subscription Agreement, Sublicense and Saas Subscription Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Call Option Agreement, Merger Agreement (Amerant Bancorp Inc.), Master Subscription Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Amendment and Modification; Waiver. This No amendment to or modification of the Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in the Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this the Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Software License Agreement, Software License Agreement, Product Terms

Amendment and Modification; Waiver. This Agreement may only be amended, modified No amendment to or supplemented modification of these Terms is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall these Terms will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Software as a Service Terms, Software as a Service Terms, Software as a Service Terms

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Lock Up Letter Agreement (Winnebago Industries Inc), Agreement and Plan of Merger (NewAge, Inc.), Lock Up Letter Agreement (Winnebago Industries Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by each party heretoParty. No waiver by any party either Part of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Samples: Contribution and Exchange Agreement (RoyaltyTraders LLC), Contribution and Exchange Agreement (RoyaltyTraders LLC), Cultivation Management and Sales Agreement (MJ Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Transition Services Agreement (Blum Holdings, Inc.), Post Closing Covenant Agreement (SharpLink Gaming Ltd.), Asset Purchase Agreement (Applied UV, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Call Option Agreement (Empire Petroleum Corp), Call Option Agreement (Empire Petroleum Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Partnership Interest Purchase Agreement (America First Multifamily Investors, L.P.), Management Services Agreement (Heritage Global Inc.)

Amendment and Modification; Waiver. This Agreement may be amended or modified only be amended, modified if such amendment or supplemented by an agreement modification is in writing and is signed by each party heretoto this Agreement. No waiver by any party Any failure of any of the provisions hereof shall parties to comply with any obligation, covenant, agreement or condition in this Agreement may be effective unless explicitly set forth in writing and waived by any of the parties entitled to the benefit thereof only by a written instrument signed by the each such party so waivinggranting such waiver. No failure to exercise, or delay by any party in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by applicable Law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (IsoPlexis Corp), Voting Agreement (Berkeley Lights, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (RCM Technologies, Inc.), Asset Purchase Agreement (AeroVironment Inc)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty with the same formality as this Agreement. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Agreement Between the City of Doral and Carrothr Inc., Dba Assembly, Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Terms of Service, Gideon Software Terms and Conditions

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Terms and Conditions, Master Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Beta Testing Software License Agreement, Retailer Network Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement instrument in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (CUI Global, Inc.), Transition Services Agreement (Orbital Energy Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Transition Services Agreement (BK Technologies Corp), Option Agreement (Prospect Global Resources Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any either party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Trademark License Agreement (Blum Holdings, Inc.), Trademark License Agreement (Nommi, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified identified as such, and signed physically or supplemented by an agreement in writing signed electronically by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed physically or electronically by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Memberpass Trust Registry Agreement, Memberpass Trust Registry Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving Party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Trademark Co Existence Agreement (Valvoline Inc), Equity Purchase Agreement (Valvoline Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Standstill Agreement (Otsego Shares, LLC), Standstill Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Terms and Conditions, Master Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Platform Agreement, Platform Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Contribution and Exchange Agreement (RHINO BIOTECH LTD), Contribution and Exchange Agreement (RHINO BIOTECH LTD)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Subscription Agreement, Standard Contract for Cals Sales

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Holders. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (NewAge, Inc.), Agreement and Plan of Merger (NewAge, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof of that or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: General Terms of Service

Amendment and Modification; Waiver. This Agreement may be amended by the parties only be amended, modified or supplemented by execution of an agreement instrument in writing signed by each party heretoPurchaser and the Seller. No waiver Any agreement by any party of to any of the provisions hereof such extension or waiver shall be effective unless explicitly valid only if, and to the extent that, set forth in an instrument in writing and signed by the party so waivingon behalf of such party. No failure on the part of any Person to exerciseexercise any power, or delay in exercising, any right, remedyprivilege or remedy under this Agreement, power and no delay on the part of any Person in exercising any such power, right, privilege or privilege arising from remedy under this Agreement Agreement, shall operate or be construed as a waiver thereofof such power, right, privilege or remedy; nor shall any and no single or partial exercise of any such power, right, remedy, power privilege or privilege hereunder remedy shall preclude any other or further exercise thereof or the exercise of any other power, right, privilege or remedy, power or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Emmis Communications Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cardiff Lexington Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Purchase Agreement (Celadon Group Inc)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized Representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Software License Agreement

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Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Reciprocal License Agreement (800 Degrees Go, Inc.)

Amendment and Modification; Waiver. This No amendment to this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Subscription Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Terms of Service

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of the provisions hereof shall be effective unless explicitly set forth in writing a similar or different character, and signed by the party so waivingwhether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Residential Corporate Lease Agreement

Amendment and Modification; Waiver. This Agreement and the schedules and exhibits attached hereto may only be amended, modified or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party a Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Transition Services Agreement (Fusion Connect, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Mobile Application Development and Licensing Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Services and Business Associate Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company, Timios and the Buyer. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Option Agreement (Ideanomics, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. Any Service Exhibit incorporated herein may be amended in accordance with Section 1.01(d) above. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Regional Recreation Services Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Patent License Agreement (Lucid Diagnostics Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the Agreement provisions hereof shall will be effective unless explicitly set forth made in writing and signed by the party so waivingwaiving Party. No Except as otherwise indicated in this Agreement: (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereofto that right, remedy, power or privilege; nor shall any and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder under this Agreement will preclude any other or the further exercise thereof of that right, remedy power, or privilege, or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Master License and Services Agreement

Amendment and Modification; Waiver. This License Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this License Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this License Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Trademark License Agreement

Amendment and Modification; Waiver. This Agreement Assignment may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Assignment, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement Assignment shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Assignment of Limited Liability Company Interests (Uil Holdings Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilegeprivilege hereunder.

Appears in 1 contract

Samples: Web Traffic Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Transition Services Agreement (VerifyMe, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by au- thorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agree- ment, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedyreme- dy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Enterprise Terms & Conditions

Amendment and Modification; Waiver. This Subject to applicable Law, this Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party heretoof the Parties. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any , and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Merger Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Professional Services

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any 2 ‌ ​ ​ right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Services Agreement (Capstone Green Energy Holdings, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party of parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Termination and Transfer Agreement (MxEnergy Holdings Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed andsigned by the party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor thereof;nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any precludeany other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: License and Support Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofthereof unless expressly provided herein to the contrary; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Content Partner Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofwaiver; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Trademark License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoof the Parties. No waiver by any party either Party of any of the provisions hereof shall be effective effective, unless explicitly set forth in writing and signed by the party each Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Contribution Agreement (GameSquare Holdings, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by a Representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Truli Technologies, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, exercise or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Trademark Coexistence Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Investor Parties. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Verastem, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Contribution Agreement (Blackboxstocks Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (a) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (b) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Software License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Salona Global Medical Device Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (a) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any and (b) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Mobile Convenience App Development Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or o the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Master Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Share Purchase Agreement

Amendment and Modification; Waiver. This No amendment to or modification of or rescission, termination or discharge of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Software as a Service (Saas) Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay by either party in exercising, exercising any right, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Samples: Consulting Agreement (Par Technology Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Advance Payment Escrow Agreement (Woodgrain, Inc.)

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