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 the holder(s) of a majority of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreement. 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 waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement Except as otherwise provided herein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) each party hereto. This is one of a majority series of Warrants issued pursuant to the Seller Shares then subject Agreement. The Company shall not amend any other Warrant that makes the terms and conditions more favorable to that Warrant holder unless the Company agrees to amend this Agreement and Warrant in the holder(s) of a majority of the Purchaser Shares then subject to this Agreementsame manner. No waiver by any party the Company or the Holder of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. 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 a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement Warrant 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement The Majority Stockholder and the holder(s) Minority Stockholder; provided, however, that any such amendment, modification or supplement that affects any Stockholder in an adverse manner disproportionately to all other Stockholders shall require the prior written consent of a majority of the Purchaser Shares then subject to this Agreementsuch disproportionately affected Stockholder. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of BUYER and the Seller Shares then subject SELLER(S), which amendment, once so executed, shall be binding on all parties to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementas though direct signatories 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. (a) This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto. For clarity, the holder(s) of Parties agree that any agreement contained in an electronic mail communication shall not constitute a majority of the Seller Shares then subject to this Agreement “written agreement” and the holder(sAgreement will be varied, amended or extended only pursuant to a written separate document that is signed with “wet” signatures by duly authorized officers or representatives, specifically referring to the Agreement. (b) of a majority of the Purchaser Shares then subject to this Agreement. 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 so waiving. No waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement These Operating Parameters and Indemnity may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto or, in the holder(s) of a majority case of the Seller Shares then subject to this Agreement and Indemnitors, by the holder(s) of a majority of the Purchaser Shares then subject to this AgreementGrantee Administrative Agent. 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 waivingwaiving or, in the case of the Indemnitors, by the Grantee Administrative Agent. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement these Operating Parameters and Indemnity 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.

Amendment and Modification; Waiver. This Agreement may be amended only be amended, modified or supplemented by an agreement in writing a written instrument signed by the holder(s) of Company and Shareholders holding a majority of the Seller Shares then subject Common Stock held by all Shareholders and the Sponsor; provided, however, that no such amendment shall materially adversely change the rights or obligations of any Shareholder disproportionately generally vis a vis other Shareholders party to this Agreement and without the holder(s) written approval of a majority of the Purchaser Shares then subject to this Agreementsuch disproportionately affected Shareholder. 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 waivingwaiving and the Sponsor. 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 a similar or different character, and whether 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; 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement Acquiror and the holder(s) of a majority of the Purchaser Shares then subject to this AgreementTransferors’ Representative. 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 waivingwaiving (provided that any right of the Transferors may be waived by the Transferors’ Representative on behalf of the Transferors). 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement These Operating Parameters and Indemnity may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto or, in the holder(s) of a majority case of the Seller Shares then subject to this Agreement and Indemnitors, by the holder(s) of a majority of the Purchaser Shares then subject to this AgreementAdministrative Agent. 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 waivingwaiving or, in the case of the Indemnitors, by the Administrative Agent. No waiver by any 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 a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement these Operating Parameters and Indemnity 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Buyer and a Majority of Sellers. No amendment signed by a Majority of Sellers shall have the holder(s) effect of a majority expanding the scope of any warranty or representation given by any Seller nor of increasing the Seller Shares then subject to this Agreement and the holder(s) duties or liabilities of a majority of the Purchaser Shares then subject to this Agreementany Seller. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of Buyer and Seller Representative. No amendment signed by the Seller Shares then subject to this Agreement and Representative shall have the holder(s) effect of a majority expanding the scope of any warranty or representation given by any Seller nor of increasing the Purchaser Shares then subject to this Agreementduties or liabilities of any Seller. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Xxxxx, the holder(s) Company, the Stockholder Representative and Sellers having an aggregate Percentage Interest in excess of a majority of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreement70%. 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, except that Sellers having an aggregate Percentage Interest in excess of 70% may waive provisions of this Agreement on behalf of all Sellers. 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Initial Shareholder; provided that any amendment that would materially and adversely affect the holder(s) rights or duties of a majority party shall require the consent of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementsuch party. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement Acquiror and the holder(s) of a majority of the Purchaser Shares then subject to this AgreementTransferors. 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 waivingwaiving (provided that any right of the Transferors may be waived by the Transferors on behalf of the Transferors). 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement Except as otherwise provided herein, this Warrant may only be amended, modified modified, or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementeach party hereto. No \\4140-6447-8783 v164123-4063-4962 v3 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 waivingparty granting such waiver. No waiver by any Party party hereto shall operate or be construed as a waiver in respect of any failure, breach breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement Warrant 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed (i) by the holder(s) of a majority of the Seller Shares then subject to this Agreement and Agreement, (ii) the holder(s) of a majority of the Purchaser Shares Symmetric shares then subject to this AgreementAgreement and (iii) the Company. 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 waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Buyer, the holder(s) of a majority of the Seller Shares then subject to this Agreement Shareholder Representative, Seller, and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementsuch Shareholder or Shareholders affected by such amendment, modification or supplement. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of Buyer and the Seller Shares then subject to this Agreement and Representative. No amendment signed by the holder(s) Seller Representative shall have the effect of a majority expanding the scope of any warranty or representation given by any Seller nor of increasing the Purchaser Shares then subject to this Agreementduties or liabilities of any Seller. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Prior to the Effective Time, this Agreement may only be amended, modified, or supplemented by an agreement in writing signed by the Parties hereto. Following the Effective Time, this Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement Purchaser and the holder(s) of a majority of the Purchaser Shares then subject to this AgreementEquityholder Representative. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each Party hereto or, in the holder(s) case of a majority of Sellers, by the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this AgreementAdministrative Agent. 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 so waivingwaiving or, in the case of Sellers, by the Administrative Agent. No waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Equity Restructuring Agreement (including, for the avoidance of doubt, the VAST Membership Interest Purchase Agreement and the SPA Membership Interest Purchase Agreement) may only be amended, modified modified, or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementall Parties. 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 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 a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Equity Restructuring 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the (i) holder(s) of a majority of the Seller Shares then subject to this Agreement and the Agreement, (ii) holder(s) of a majority of the Purchaser Shares Symmetric shares then subject to this AgreementAgreement (iii) and the Company and the Company. 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 waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Subject to Section 2.02(a), this Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) Company and the Trident Shareholders; provided that any amendment that would materially and adversely affect the rights or duties of a majority Shareholder shall require the consent of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementsuch Shareholder. 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Symmetric Shares then subject to this Agreement. 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 waiver by any 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by the holder(s) of a majority of Buyer, on the one hand, and the Seller Shares then subject to this Agreement and Representative, on the holder(s) of a majority of the Purchaser Shares then subject to this Agreementother hand. No Except as set forth in Section 3.02(c), 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 party so waiving. No waiver by any Party shall party will operate or be construed as a waiver in respect of any failure, breach breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority of Buyer and the Seller Shares then subject Sellers, which amendment, once so executed, shall be binding on all parties to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this Agreementas though direct signatories 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 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 a similar or different character, and whether 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.

Amendment and Modification; Waiver. This Agreement Except as otherwise provided herein, this Warrant may only be amended, modified or supplemented by an agreement in writing signed by the holder(s) of a majority Company and the Holder, the successors of the Seller Shares then subject to this Agreement Company and the holder(s) of a majority successors and permitted assigns of the Purchaser Shares then subject to this AgreementHolder. No waiver by any party the Company or the Holder of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party party so waiving. 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 a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement Warrant 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.

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. Notwithstanding the holder(s) foregoing, Buyer shall not be entitled to amend any of a majority Sections 8.2, 9.8, this 9.9, 9.10, or 9.13 without the advance written consent of the Seller Shares then subject to this Agreement and the holder(s) of a majority of the Purchaser Shares then subject to this AgreementCommitted Lenders. 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 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 a similar or different character, and whether occurring before or after that waiver. No Except as otherwise set forth herein, 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.