Common use of Amendment and Waivers Clause in Contracts

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 32 contracts

Samples: Advisor Agreement (Aterian, Inc.), Independent Contractor Agreement, Advisor Agreement (Aterian, Inc.)

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Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be boundParties. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 11 contracts

Samples: Executive Consulting Services Agreement (Brera Holdings PLC), Executive Consulting Services Agreement (Reticulate Micro, Inc.), Executive Consulting Services Agreement (Reticulate Micro, Inc.)

Amendment and Waivers. Any term or provision No provisions of this Agreement may be amended, and amended or waived without the observance prior written consent of any term of this Agreement may be waived, only by a writing signed by the party to be boundparties hereto. The waiver by either party to this Agreement of a party breach of any breach or default in performance provision of this Agreement shall not be deemed construed to constitute operate as a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be same or any other term or provision or as a waiver of any contemporaneous breach of any other term or provision or as a continuing waiver of the right of such party thereafter to enforce such provisionssame or any other term or provision.

Appears in 6 contracts

Samples: Executive Employment Agreement (Industrial Services of America Inc /Fl), Executive Employment Agreement (Industrial Services of America Inc /Fl), Executive Employment Agreement (Industrial Services of America Inc /Fl)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be boundbound thereby. The waiver by a party Party of any breach hereof or default in performance hereunder shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions provision hereof shall not be construed to be as or constitute a waiver of the right of such party Party thereafter to enforce such provisionsprovision.

Appears in 6 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Amendment and Waivers. Any term This Agreement may be amended or modified, or any provision hereof waived, by written agreement executed by each of the parties hereto. No failure or delay by a party in exercising any right hereunder shall operate as a waiver thereof. No waivers of or exceptions to any term, condition, or provision of this Agreement may be amendedAgreement, and the observance of in any term of this Agreement may be waivedone or more instances, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute be or construed as a further or continuing waiver of any other such term, condition, or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisionsprovision.

Appears in 4 contracts

Samples: Lock Up Agreement (Brilliant Acquisition Corp), Lock Up Agreement (Nukkleus Inc.), Lock Up Agreement (Brilliant Acquisition Corp)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be boundbound thereby. The waiver by a party Party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions hereof provision shall not be construed to be as or constitute a waiver of the right of such party thereafter Party to subsequently enforce such provisionsprovision.

Appears in 3 contracts

Samples: Intermunicipal Agreement, Master Software Subscription and Services Agreement, Confidentiality Agreement

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, amended or waived only by a writing signed by with the party to be boundwritten consent of the Company and the Seller. The Any waiver by any Party hereto of a party breach of any breach or default in performance provision of this Agreement shall not be deemed to constitute a waiver of any other operate as or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. The failure of a Party hereto to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that Party of the right of such party thereafter to enforce such provisionsinsist upon strict adherence to that term or any other term of this Agreement.

Appears in 3 contracts

Samples: Stock Repurchase Agreement (Chewy, Inc.), Stock Repurchase Agreement (Chewy, Inc.), Stock Repurchase Agreement (Chewy, Inc.)

Amendment and Waivers. Any term or provision No provisions of this Agreement may be amended, and amended or waived without the observance prior written consent of any term of this Agreement may be waived, only by a writing signed by the party to be boundparties hereto. The waiver by either party to this Agreement of a party breach of any breach provision of this Agreement shall both be construed or default in performance shall not be deemed to constitute operate as a waiver of any other preceding or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be same or any other term or provision or as a waiver of any contemporaneous breach of any other term or provision or as a continuing waiver of the right of such party thereafter to enforce such provisionssame or any other term or provision.

Appears in 2 contracts

Samples: Executive Employment Agreement (Industrial Services of America Inc /Fl), Executive Employment Agreement (Industrial Services of America Inc /Fl)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance performance, shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 2 contracts

Samples: Licensing Agreement, Licensing Agreement

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing in written form signed by the party Party to be bound. The waiver by a party Party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party Party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party Party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Independent Contractor Agreement (Ivdesk Holdings, Inc.)

Amendment and Waivers. Any term or provision of this Agreement may be amended, as provided herein and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or any succeeding breach or default. The failure of any party to delay or not enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Independent Contractor Agreement

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, amended or otherwise modified only by a writing signed by the each party to be boundhereto. The waiver by a party of any breach hereof or default in performance hereunder shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions provision hereof shall not be construed to be as or constitute a waiver of the right of such party thereafter to enforce such provisionsprovision.

Appears in 1 contract

Samples: Consulting Agreement (Integral Technologies Inc)

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Amendment and Waivers. Any term or provision of this Agreement Contract may be amended, and the observance of any term of this Agreement Contract may be waived, only by a writing written notice signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Service Contract

Amendment and Waivers. Any term or provision and all amendments and modifications of this Agreement may must be amended, in writing and signed by each of the observance of parties hereto. The compliance with any term of this Agreement may be waivedwaived (either generally or in a particular instance either retroactively or prospectively), only by a writing signed by the party to be boundwaiving compliance. The Any such waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other term, provision, condition, or any succeeding breach or defaultthereof, unless such waiver so expressly states. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Share Exchange Agreement (Xenacare Holdings, Inc.)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Independent Contractor Agreement

Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived, waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be boundbound thereby. The waiver by a party of any breach hereof or default in the performance shall hereof will not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Registration Rights Agreement (Oni Systems Corp)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing written and signed by the party to be bound. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Appears in 1 contract

Samples: Services Agreement

Amendment and Waivers. Any term or provision of this Agreement may be amended, --------------------- amended and the observance of any term of this Agreement may be waived, only by a in writing and signed by the party to be boundbound thereby. The waiver by a either party of a breach of or a default under any breach or default in performance provision of this Agreement by the other party shall not be deemed to constitute construed as a waiver of any subsequent breach of the same or any other provisions of this Agreement, nor shall any delay or succeeding breach omission on the part of either party to exercise or default. The failure avail itself of any party to enforce any of the provisions hereof shall not be construed to be right or remedy that it has or may have hereunder operate as a waiver of the any right of or remedy by such party thereafter to enforce such provisionsparty.

Appears in 1 contract

Samples: Developer & Joint Development Agreement (Active Software Inc)

Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a amended with the written consent of the Parties and no waiver shall be effective unless in writing signed by the party said Parties. Any amendment or waiver affected in accordance with this Section shall be binding upon the Parties and their respective successors and assigns. Each Party hereby irrevocably waives and agrees not to be bound. The waiver by a party plead or claim any immunity (sovereign or otherwise) that it has or hereafter may acquire from any legal action, suit or proceeding, from jurisdiction of any breach court or default from any legal process in performance shall not be deemed to constitute a waiver respect of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisionsits obligations under this Agreement.

Appears in 1 contract

Samples: Confidentiality Agreement

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