Common use of Amendment and Waiver; Cumulative Effect Clause in Contracts

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. (b) Neither the failure of any party hereto to exercise any right, power or remedy provided in 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; provided, that this Section 4.3 shall not extend any time period provided for herein.

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 Company and the Escrow AgentHolder. (b) Neither the failure of any party hereto to exercise any right, power or remedy provided in 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; provided, that this Section 4.3 3.3 shall not extend any time period provided for herein.

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 Sellers’ Representative and the Escrow Agent. (b) Neither the failure of any party hereto to exercise any right, power or remedy provided in 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; provided, that this Section 4.3 ý4.3 shall not extend any time period provided for herein.