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. No waiver of any breach of this Agreement, and no course of dealing between the Parties, shall be construed as a waiver of any subsequent breach thereof.
Appears in 10 contracts
Samples: Apryse Itext Software License Agreement, Apryse Itext Software License Agreement, Apryse Itext Software License Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an written agreement in writing signed (referring specifically to this Agreement) of the parties. The waiver by an authorized representative of each Party. No waiver either party of any breach or violation of any provision of this Agreement, and no course of dealing between the Parties, agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 8 contracts
Samples: Employment Agreement (Schein Henry Inc), Employment Agreement (Schein Henry Inc), Employment Agreement (Schein Henry Inc)
Amendment and Modification; Waiver. This Any provision of this Agreement may only be amended, modified modified, supplemented or supplemented by an agreement waived if, but only if, such amendment, modification, supplement or waiver is in writing signed and is signed, in the case of an amendment, modification or supplement by an authorized representative each Party or, in the case of a waiver, by each PartyParty against whom the waiver is to be effective. No waiver failure or delay by any Party to assert any of any breach of its rights under this Agreement, and no course of dealing between the Parties, Agreement or otherwise shall be construed as constitute a waiver of any subsequent breach thereofsuch rights.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Territorial Bancorp Inc.), Voting and Support Agreement (Mandarich David D), Voting and Support Agreement (Mizel Larry A)
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 Partyparty hereto. No waiver by any party of any breach of this Agreement, the provisions hereof shall be effective unless explicitly set forth in writing and no course of dealing between signed by the Parties, party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any subsequent failure, breach thereofor default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
Appears in 4 contracts
Samples: Credit Party Representative Agreement (Apex Global Brands Inc.), Credit Party Representative Agreement (Apex Global Brands Inc.), Asset Purchase Agreement (Impac Mortgage Holdings Inc)
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. No waiver of any breach of this Agreement, and no course of dealing between the Partiesparties, shall be construed as a waiver of any subsequent breach thereof.
Appears in 3 contracts
Samples: Itext Software License Agreement, Itext Software License Agreement, Itext Software License Agreement
Amendment and Modification; Waiver. This Except as otherwise provided herein, this Agreement may only be amended, modified or and supplemented by an agreement in writing signed by an authorized representative of each Party. No waiver and the application of any breach provision of this AgreementAgreement or any rights or obligations of any party hereunder may be waived (either retroactively or prospectively) only by written agreement of the parties hereto affected by such amendment, and no course of dealing between the Partiesmodification, supplement or waiver. Further, any waiver shall be construed as a waiver of any subsequent breach thereofeffective only in the specific instance and for the specific purpose stated in such writing.
Appears in 3 contracts
Samples: Registration Rights Agreement (Redneck Foods Inc), Promotion Agreement (Redneck Foods Inc), Convertible Preferred Stock Purchase Agreement (Redneck Foods Inc)
Amendment and Modification; Waiver. This Agreement may only be amended, amended or modified or supplemented by an agreement in a writing signed by an authorized representative the party against whom enforcement of each Partysuch amendment or modification is sought. No waiver Any of any breach the terms or conditions of this AgreementAgreement may be waived at any time by the party entitled to the benefit thereof, and no course of dealing between but only by a writing signed by the Parties, shall be construed as a waiver of any subsequent breach thereofparty waiving such terms or conditions.
Appears in 2 contracts
Samples: Stock Option Agreement (Logimetrics Inc), Stock Option Agreement (Logimetrics Inc)
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 PartyParty 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. The waiver by any Party of a breach of any provision of this Agreement, and no course of dealing between the Parties, shall Agreement will not be construed as deemed a continuing waiver or waiver of any subsequent breach thereofwhether of the same or another provision of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Timberline Resources Corp), Purchase and Sale Agreement (Timberline Resources Corp)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by an authorized representative of each Partyparty to this Agreement. No waiver by any party of any breach of the provisions of this Agreement, and no course of dealing between the Parties, Agreement shall be construed as a waiver of any subsequent breach thereofeffective unless explicitly set forth in writing and signed by the party so waiving.
Appears in 2 contracts
Samples: Assignment of Equipment and Debt (Soluna Holdings, Inc), Assignment of Equipment (Soluna Holdings, Inc)
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by an authorized representative of each Party. No waiver by either Party of any breach of this Agreement, and no course of dealing between the Parties, provisions hereof shall be construed as a waiver of any subsequent breach thereofeffective unless explicitly set forth in writing and signed by the Party so waiving.
Appears in 1 contract
Samples: License and Services Agreement (Serve Robotics Inc. /DE/)
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing duly signed by an authorized representative of each Party. No waiver of any breach of Except as otherwise expressly set forth in this Agreement, and no course waiver by any Party of dealing between any of the Parties, provisions EXECUTION VERSION of this Agreement shall be construed as a waiver of any subsequent breach thereofeffective unless explicitly set forth in writing and signed by the Party so waiving.
Appears in 1 contract
Samples: Co Ownership Agreement (Dirtt Environmental Solutions LTD)
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. No waiver by any Party of any breach of the provisions of this Agreement, and no course of dealing between the Parties, Agreement shall be construed as a waiver of any subsequent breach thereofeffective unless explicitly set forth in writing and signed by the Party so waiving.
Appears in 1 contract
Samples: Purchase Agreement (Universal Logistics Holdings, Inc.)
Amendment and Modification; Waiver. This No waiver, 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 an authorized representative of each Partyparty. No waiver of any breach violation or nonperformance of this Agreement, and no course of dealing between the Parties, shall Agreement in one instance will be construed as deemed to be a waiver of any subsequent breach thereofviolation or nonperformance.
Appears in 1 contract
Samples: Managed Services Agreement
Amendment and Modification; Waiver. This No provision of this Agreement may only be waived, amended, supplemented or modified by either party, unless such waiver, amendment, supplement or supplemented by an agreement modification is explicitly set forth in writing signed and executed by an the authorized representative of each Partythe party against whom it is sought to enforce such waiver, amendment, supplement or modification. No The waiver by any party hereto of a breach of any breach provisions of this Agreement, and no course of dealing between the Parties, Agreement shall not operate or be construed as a waiver of any other or subsequent breach thereofbreach.
Appears in 1 contract
Samples: Bill of Sale and Assignment and Assumption Agreement (SRAX, Inc.)
Amendment and Modification; Waiver. This No provision of this Agreement may only be amended, amended or modified or supplemented by an agreement unless agreed to in writing and signed by an authorized representative of each Partyall Parties. No waiver by either Party of any breach by the other Party of any condition or provision of this Agreement, and no course of dealing between the Parties, Agreement shall be construed as deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent breach thereoftime.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by an authorized representative of each Party. No waiver of failure to exercise any breach of rights, remedy, power or privilege arising from this Agreement, and no course of dealing between the Parties, Agreement shall operate or be construed as a waiver of any subsequent breach thereof.
Appears in 1 contract
Amendment and Modification; Waiver. β This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each Partyparty hereto. No waiver by any party of any breach of this Agreement, the provisions hereof shall be effective unless explicitly set forth in writing and no course of dealing between signed by the Parties, party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any subsequent failure, breach thereofor default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
Appears in 1 contract
Samples: Asset Transfer Agreement
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an written agreement in writing signed (referring specifically to this Agreement) of the parties.The waiver by an authorized representative of each Party. No waiver either party of any breach or violation of any provision of this Agreement, and no course of dealing between the Parties, agreement shall not operate or be construed as a waiver of any subsequent breach thereofbreach.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an the written agreement in writing signed (referring specifically to this Agreement) of the parties. The waiver by an authorized representative of each Party. No waiver either party of any breach or violation of any provision of this Agreement, and no course of dealing between the Parties, Agreement shall not operate or be construed as a waiver of any subsequent breach thereofor violation.
Appears in 1 contract
Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by an authorized representative of each Partythe parties. No Any waiver of any breach of relating to this AgreementAgreement must be expressly set forth in a writing executed by the party to be charged with the waiver, and no course of dealing between the Parties, shall waiver will operate or be construed as a continuing or subsequent waiver of any subsequent breach thereofunless expressly provided for in the writing.
Appears in 1 contract