Common use of Amendment, Modification and Waiver Clause in Contracts

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreement. The waiver by any Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 4 contracts

Samples: Media Services Agreement, Media Services Agreement (dELiAs, Inc.), Media Services Agreement (dELiAs, Inc.)

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Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 4 contracts

Samples: Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) the Buyer and Company(ii) the Seller; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 4 contracts

Samples: Asset Purchase Agreement (GBT Technologies Inc.), Asset Purchase Agreement (Trend Innovations Holding Inc.), Asset Purchase Agreement (Avalon Globocare Corp.)

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchaser and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc)

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Uf Clinical Study Agreement, Clinical Study Agreement

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companyeach of the parties hereto; providedPROVIDED, howeverHOWEVER, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Option Agreement (GHS Inc), Option Agreement (Dreamlife Inc)

Amendment, Modification and Waiver. This Agreement shall ---------------------------------- not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Information Management Associates Inc), Stock Purchase Agreement (Information Management Associates Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach party to be charged therewith, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Auto Underwriters of America, Inc.), Asset Purchase Agreement (Auto Underwriters of America, Inc.)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent and the Company; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Electro Catheter Corp)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Buyer, Parent and the Company; provided, however, that any Party . Any party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alloy Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent, the Buyer, the Seller and Company; provided, however, that any Party Alloy. Any party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alloy Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementall of the parties hereto. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Student Advantage Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by Agent the Buyer, the Seller and Company; the Members, provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Patrick Industries Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by Agent the Buyer and Company; the Seller, provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Patrick Industries Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companythe party against whom or which enforcement thereof is sought ; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Annexes and Schedules (Alloy Online Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Buyer, the Sellers and Companythe Seller Parent; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Youthstream Media Networks Inc)

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchaser and Company; providedthe Sellers, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Information Management Associates Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Parent, (ii) the Company and Company(iii) the Stockholders; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ivillage Inc)

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Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent and the Company; provided, however, that any Party party to this Agreement -------- ------- any other party under this Agreement. The waiver by any party hereto of a breach may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cardiac Control Systems Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Buyer, (ii) Seller and Company(iii) the Partners; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Answers CORP)

Amendment, Modification and Waiver. This Agreement shall not be altered or of otherwise amended except pursuant to an instrument in writing signed executed by Agent the TARGET, COMPANY, and CompanyPARENT; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Merger (21st Century Holding Co)

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent Alloy, Acquisition Sub and CompanyMarketSource; provided, however, that any Party party to -------- ------- this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alloy Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Parent, (ii) the Company and Company(iii) the Stockholder; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ivillage Inc)

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and Company; providedthe Sellers, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Information Management Associates Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) the Buyer, (ii) the Seller and Company(iii) the Partners; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Purchase Agreement (Answers CORP)

Amendment, Modification and Waiver. 15.1. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. UPENN-Merck Standard 7

Appears in 1 contract

Samples: Clinical Study Agreement

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Alloy, CASS and CompanyStockholder; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Alloy Online Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companyeach party hereto; providedPROVIDED, howeverHOWEVER, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dreamlife Inc)

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Buyer and CompanySeller; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Progress Software Corp /Ma)

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