Common use of Amendment, Modification and Waiver Clause in Contracts

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party hereto. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 15 contracts

Samples: Master Services Agreement (Bank of Chile), Master Services Agreement, Master Services Agreement (Bank of Chile)

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Amendment, Modification and Waiver. No amendment to this This Agreement shall may not be effective unless it shall be amended or modified except by an instrument in writing and signed by each Party heretoof the Parties. Any failure of a Party to comply with any obligation, covenant, agreement or condition of such Party contained in this Agreement herein may be waived only if set forth in an instrument in writing signed by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiverbe bound thereby, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliancefailure.

Appears in 6 contracts

Samples: Exchange Agreement (Advanced Emissions Solutions, Inc.), Exchange Agreement (Advanced Emissions Solutions, Inc.), Exchange Agreement (Advanced Emissions Solutions, Inc.)

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party heretoParty. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 5 contracts

Samples: Selling Agreement (Primerica, Inc.), Selling Agreement (Primerica, Inc.), Acquisition Agreement (Metlife Inc)

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party heretoParty. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior, subsequent or other failure of compliance.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Intercontinental Exchange, Inc.), Stock Purchase Agreement (Intercontinental Exchange, Inc.), Stock Purchase Agreement (Intercontinental Exchange, Inc.)

Amendment, Modification and Waiver. No amendment to or modification of this Agreement shall be effective unless it shall be in writing and signed by each Party heretoParty. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 4 contracts

Samples: Shareholders’ Agreement, Share Sale and Purchase Agreement (Central European Distribution Corp), Share Sale and Purchase Agreement (Central European Distribution Corp)

Amendment, Modification and Waiver. No amendment to of any provision of this Agreement shall be effective effective, unless it the same shall be in writing and signed by each Party heretoof the Partnership and the Operating Company. Any failure of a Party party to comply with any obligation, covenant, obligation or agreement or condition contained in this Agreement hereunder may only be waived in writing by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiverother party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No failure by a party to take any action with respect to any breach of compliancethis Agreement or default by the other party shall constitute a waiver of such party’s right to enforce any provision hereof or to take any such action.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Sunpower Corp), Equity Purchase Agreement (8point3 Energy Partners LP), Equity Purchase Agreement (8point3 Energy Partners LP)

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party hereto. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any prior, subsequent or other failure of compliance.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (BGC Partners, Inc.)

Amendment, Modification and Waiver. No amendment to this Agreement letter agreement shall be effective unless it shall be in writing and signed by each Party party hereto. Any failure of a Party party to comply with any obligation, covenant, agreement or condition contained in this Agreement letter agreement may be waived by the Party party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 2 contracts

Samples: GFI Group Inc., BGC Partners, Inc.

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Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be is in writing and signed by each Party hereto. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by in a written instrument duly executed and writing delivered by the Party granting such waiver: provided, but that such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 1 contract

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

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be is in writing and signed by each Party hereto. Any failure of a Party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party entitled to the benefits thereof only by in a written instrument duly executed and writing delivered by the Party granting such waiver: provided, but that such waiver or failure to insist upon strict 64 compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.. Section 11.6

Appears in 1 contract

Samples: Viii Stock Purchase Agreement

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party heretoparty. Any failure of a Party party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 1 contract

Samples: Transition Services Agreement (Metlife Inc)

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party hereto. Any failure of a Party party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.. 97

Appears in 1 contract

Samples: Purchase Agreement (Nasdaq Omx Group, Inc.)

Amendment, Modification and Waiver. No amendment to this Agreement shall be effective unless it shall be in writing and signed by each Party hereto. Any failure of a Party party to comply with any obligation, covenant, agreement or condition contained in this Agreement may be waived by the Party party entitled to the benefits thereof only by a written instrument duly executed and delivered by the Party party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure of compliance.

Appears in 1 contract

Samples: Purchase Agreement (BGC Partners, Inc.)

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