Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.
Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and signed by the party against whom enforcement of the same is sought. Neither the failure of any party to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations under this Agreement, nor any custom or practice of the parties at variance with the terms of this Agreement, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. To the maximum extent permitted by applicable law, (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other party; (ii) no waiver that may be given by a party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement. The rights and remedies of the parties are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter at law, in equity, by statute or otherwise.
Amendment and Waiver; Cumulative Effect. (a) To be effective, any amendment or waiver of or under this Agreement must be in writing and signed by Buyer, the Securityholder Representative and the Escrow Agent.
Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and signed by the Party against whom enforcement of the same is sought. Neither the failure of any Party to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other Party with its obligations under this Agreement, nor any custom or practice of the Parties at variance with the terms of this Agreement, shall constitute a waiver by such Party of its right to exercise any such right, power or remedy or to demand such compliance. To the maximum extent permitted by applicable law, (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement. The rights and remedies of the Parties are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter at law, in equity, by statute or otherwise.
Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and signed by the party against whom enforcement of the same is sought. Neither the failure of any party hereto to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise. Notwithstanding anything herein to the contrary, this Agreement shall not be amended, nor shall any right of Company hereunder be waived, without the prior written consent of Parent (as such term is defined in the Asset Purchase Agreement).
Amendment and Waiver; Cumulative Effect. 35 9.08 Entire Agreement; No Third Party Beneficiaries..........................35 9.09 Severability............................................................36 9.10 Counterparts............................................................36 This Stock Purchase Agreement ("Agreement"), dated as of June 30, 1997, by and among CENTRAL NEW YORK COACH SALES & SERVICE, INC., a New York corporation with an office located at 0000 Xxxxxxxx Xxxx, Xxxxxxxxxxx, XX 00000, ("Central"); JERSEY BUS SALES, INC., a New Jersey corporation with an office at 0000 Xxxxx 000, Xxxxxxxxxx, XX 00000 ("Jersey"); XXXXXX X. XXXXXX, residing at 000 Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxxxx, Xxx Xxxx 00000;
Amendment and Waiver; Cumulative Effect. To be effective, any amendment or waiver under this Agreement must be in writing and be signed by the party against whom enforcement of the same is sought. The rights and remedies of the parties hereto are cumulative and not exclusive of the rights and remedies that they otherwise might have now or hereafter, at law, in equity, by statute or otherwise.
Amendment and Waiver; Cumulative Effect. To be effective, any amendment of this Agreement must be in writing and signed by all the parties and any waiver must be in writing and signed by the party against whom enforcement of the same is sought. Neither the failure of any party to exercise any right, power or remedy provided under this Agreement or to insist upon compliance by any other party with its obligations under this Agreement, nor any custom or practice of the parties at variance with the terms of this Agreement, shall constitute a waiver by such party of its right to exercise any such right, power or remedy or to demand such compliance. To the maximum extent permitted by applicable law, (a) no waiver that may be given by a party will be applicable except in the specific instance for which it is given and (b) no notice to or demand on any party will be deemed to be a waiver of any obligation of such party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.
Amendment and Waiver; Cumulative Effect. 46 8.7 Set-off............................................................................... 46 8.8 Entire Agreement; No Third Party Beneficiaries........................................ 47 8.9 Severability.......................................................................... 47 Counterparts.......................................................................... 47
Amendment and Waiver; Cumulative Effect. 29 9.6 Entire Agreement; No Third Party Beneficiaries.................................................29 9.7 Severability...................................................................................30 9.8 Counterparts...................................................................................30 9.9 Attorneys'Fees, Expenses and Travel Costs......................................................30 EXHIBIT A - List of Sellers EXHIBIT B - February 1, 1998 SCC Financial Statements EXHIBIT C - Form of Xxx & Xxxxxx Opinions STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (the "AGREEMENT"), is entered into as of April 28, 1998, by and among XXXXX'X COFFEE CORPORATION, a Washington corporation, ("BUYER"), XXXXXXXX COFFEE COMPANY, a California corporation ("SCC"), and the individuals identified on EXHIBIT A attached hereto (individually, a "SELLER" and collectively, the "SELLERS").
