Common use of Amendment, Modification and Waiver Clause in Contracts

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 17 contracts

Samples: Registration Rights Agreement (Leonardo DRS, Inc.), Registration Rights Agreement (Rada Electronic Industries LTD), Registration Rights Agreement (Enact Holdings, Inc.)

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Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties. Any failure of any party Party to comply with any term or provision of this Agreement may be waived by the other partyParty, by an instrument in writing signed by such partyParty, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 11 contracts

Samples: Cooperation Agreement (Leonardo DRS, Inc.), Cooperation Agreement (Leonardo DRS, Inc.), Cooperation Agreement (Rada Electronic Industries LTD)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time only by written agreement of executed by the partiesParties. Any failure of any party a Party to comply with any term obligation, covenant or provision of agreement contained in this Agreement may be waived by the other party, Party entitled to the benefits thereof only by an a written instrument in writing signed duly executed by the Party granting such partywaiver, but such waiver or failure to insist upon strict compliance with such term obligation, covenant or provision agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyof compliance.

Appears in 6 contracts

Samples: Stockholder Agreement (BrightSphere Investment Group Inc.), Stockholder Agreement (BrightSphere Investment Group Inc.), Stockholder Agreement (BrightSphere Investment Group Inc.)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesnamed parties hereto without any other party’s agreement or consent. Any failure of any party to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 4 contracts

Samples: Registration Rights Agreement (Sylvamo Corp), Registration Rights Agreement (Sylvamo Corp), Registration Rights Agreement (Warner Music Group Corp.)

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by each Party, except that either Party may waive any obligation owed to such partyParty by the other Party under this Agreement, but provided such waiver or failure to insist upon strict compliance with such term or provision is in writing. The waiver by either Party of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.

Appears in 4 contracts

Samples: Omnibus Agreement (Oroplata Resources, Inc.), Agreement Regarding Outstanding Notes (Oroplata Resources, Inc.), Agreement Regarding Outstanding Notes (Oroplata Resources, Inc.)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesparties hereto. Any failure of any a party to comply with any term or provision of this Agreement may be waived by the other party, parties at any time by an instrument in writing signed by or on behalf of such partyother parties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Oppenheimer Holdings Inc), Purchase Agreement (Fahnestock Viner Holdings Inc), Asset Purchase Agreement (Fahnestock Viner Holdings Inc)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time only by written agreement of signed by the parties. Any parties hereto, and any failure of any a party to comply with any term or provision of this Agreement may be waived by the other partyparties, at any time by an instrument in writing signed by or on behalf of such partyother parties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 3 contracts

Samples: Internalization Agreement (Carey Watermark Investors Inc), Internalization Agreement (Carey Watermark Investors 2 Inc), Internalization Agreement (W. P. Carey Inc.)

Amendment, Modification and Waiver. (a) This Agreement may be amended, modified or supplemented at any time only by written agreement of executed by the partiesParties. Any failure of any party a Party to comply with any term obligation, covenant or provision of agreement contained in this Agreement may be waived by the other party, Party entitled to the benefits thereof only by an a written instrument in writing signed duly executed and delivered by the Party granting such partywaiver, but such waiver or failure to insist upon strict compliance with such term obligation, covenant or provision agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyof compliance.

Appears in 2 contracts

Samples: Shareholder Agreement (ING U.S., Inc.), Shareholder Agreement (ING U.S., Inc.)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties. Any failure of any party Party to comply with any term or provision of this Agreement may be waived by the other party, Parties by an instrument in writing signed by such partyParties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply. No waiver by any Party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

Appears in 2 contracts

Samples: Intellectual Property License Agreement (OM Asset Management PLC), Intellectual Property License Agreement (OM Asset Management LTD)

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by each of the parties hereto, except that any party to this Agreement may waive any obligation owed to such partyparty by another party under this Agreement, but provided such waiver or failure to insist upon strict compliance with such term or provision is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.

Appears in 2 contracts

Samples: Merger Agreement (Osi Systems Inc), Merger Agreement (Osi Systems Inc)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties. Any failure of any party Party to comply with any term or provision of this Agreement may be waived by the other partyParties, by an instrument in writing signed by such partyParties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 2 contracts

Samples: Trademark License Agreement (AXA Equitable Holdings, Inc.), Trademark License Agreement (AXA Equitable Holdings, Inc.)

Amendment, Modification and Waiver. This Agreement may be amendedmodified, modified or amended and supplemented at any time by only upon the unanimous mutual written agreement of the partiesparties hereto. Any failure of Each party may waive any party to comply with any term term, provision or provision of this Agreement may condition intended for its benefit, provided that such waiver be waived in writing and be signed by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyparty so waiving.

Appears in 2 contracts

Samples: Participating Loan Agreement (New Valley Corp), Limited Liability Company Agreement (New Valley Corp)

Amendment, Modification and Waiver. This Agreement may be amended, modified modified, or supplemented at any time only by written agreement of signed by the parties. Any parties hereto, and any failure of any a party to comply with any term or provision of this Agreement may be waived by the other partyparties, at any time by an instrument in writing signed by or on behalf of such partyother parties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 2 contracts

Samples: Internalization Agreement (Carey Watermark Investors 2 Inc), Internalization Agreement (Carey Watermark Investors Inc)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time only by written agreement signed by all of the parties. Any Parties hereto, and any failure of any party a Party to comply with any term or provision of this Agreement may be waived by the other partyParties, at any time by an instrument in writing signed by or on behalf of such partyother Parties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Commitment Agreement (Carey Watermark Investors 2 Inc)

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party to comply with any term or provision of this Agreement may be waived by the other party, except by an instrument or instruments in writing signed by such party, but such and delivered on behalf of each of the Parties. The waiver or failure to insist upon strict compliance with such term or provision by a Party of a breach of this Agreement shall not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent breach or violation by any Party of the same or any other failure to complyprovision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Employers Holdings, Inc.)

Amendment, Modification and Waiver. This Agreement may not be ----------------------------------- amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by each of the parties hereto, except that any party to this Agreement may waive any obligation owed to such partyparty by another party under this Agreement, but provided such waiver or failure to insist upon strict compliance with such term or provision is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.

Appears in 1 contract

Samples: Joint Venture Agreement (Interplay Entertainment Corp)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesparties hereto. Any failure of any by either party to comply with any term or provision of this Agreement may be waived by the other party, party at any time by an instrument in writing signed by such partyor on behalf of both parties, but such waiver or other failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Trademark License Agreement (Revel Entertainment Group, LLC)

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Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesparties hereto. Any failure of any party Seller or Buyer to comply with any term or provision of this Agreement may be waived by the other party, party at any time by an instrument in writing signed by or on behalf of such other party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kaman Corp)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesparties hereto. Any failure of any party Sellers or Buyer to comply with any term or provision of this Agreement may be waived by the other party, party at any time by an instrument in writing signed by or on behalf of such other party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Stock Purchase Agreement (Applied Industrial Technologies Inc)

Amendment, Modification and Waiver. This Agreement may only be amended, amended or modified in writing signed by the Party against whom enforcement of such amendment or supplemented at any time by written agreement modification is sought. Any of the parties. Any failure of any party to comply with any term terms or provision conditions of this Agreement may be waived at any time by the other partyParty or Parties entitled to the benefit thereof, but only by an instrument in a writing signed by the Party or Parties waiving such party, but such waiver terms or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyconditions.

Appears in 1 contract

Samples: Bank Purchase and Assumption Agreement (Center Bancorp Inc)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties. Any failure of any party Party to comply with any term or provision of this Agreement may be waived by the other party, Parties at any time by an instrument in writing signed by or on behalf of such partyother Parties, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Securities Purchase Agreement (Oppenheimer Holdings Inc)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesparties hereto. Any failure of any party Seller or Buyer to comply with any term or provision of this Agreement may be waived by the other party, party at any time by an instrument in writing signed by or on behalf of such other party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Purchase Agreement (Armco Inc)

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time by written agreement of the parties. Any failure of any party except pursuant to comply with any term or provision of this Agreement may be waived by the other party, by an instrument in writing signed by such partyeach of the parties hereto, but such except that any party to this Agreement may waive any obligation owed to that party by another party under this Agreement, provided the waiver or failure to insist upon strict compliance with such term or provision shall is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement will not operate or be construed as a waiver of, or estoppel with respect to, of any subsequent or other failure to complybreach.

Appears in 1 contract

Samples: Contributor Agreement

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties. Any failure of any party Seller or Buyer to comply with any term or provision of this Agreement may be waived by the other party, party at any time only by an instrument in writing signed by such other party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Stock Purchase Agreement (Montpelier Re Holdings LTD)

Amendment, Modification and Waiver. This Agreement may only be amended, amended or modified in writing signed by the party against whom enforcement of such amendment or supplemented at any time by written agreement modification is sought. Any of the parties. Any failure of any party to comply with any term terms or provision conditions of this Agreement may be waived at any time by the other partyparty or parties entitled to the benefit thereof, but only by an instrument in a writing signed by the party or parties waiving such party, but such waiver terms or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyconditions.

Appears in 1 contract

Samples: Asset Purchase Agreement (Momentum Software Corp)

Amendment, Modification and Waiver. This Agreement may not be amended, modified or supplemented at any time waived except by written agreement an instrument or instruments in writing signed by and delivered on behalf of each of the parties. Any failure The waiver by a party of a breach of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation by any party to comply with of the same or any term or other provision of this Agreement may Agreement. The rights and remedies herein provided shall be waived cumulative and not exclusive of any rights or remedies provided by the other party, by an instrument in writing signed by such party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to complyApplicable Law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Employers Holdings, Inc.)

Amendment, Modification and Waiver. This Agreement may be amended, modified or supplemented at any time by written agreement of the partiesParties hereto. Any failure of any party a Party to comply with any term or provision of this Agreement may be waived by the other party, Party at any time by an instrument in writing signed by or on behalf of such partyother Party, but such waiver or failure to insist upon strict compliance with such term or provision shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure to comply.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Safety Razor Co)

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