Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 70 contracts
Samples: Custody and Control Agreement (Synchrony Card Issuance Trust), Custodian Agreement (North American Government Bond Fund Inc), Bankers Trust (DMC Tax Free Income Trust Pa)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties heretohereto (except that Exhibit B may be amended as provided for therein). No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 7 contracts
Samples: Custodian Agreement (Forum Funds), Agreement (Forum Funds), Sub Custodial Account Agreement Institutional Trust Department (Core Trust /De)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right. The Custodian shall not be obligated to enter into any amendment which affects its rights, duties or obligations hereunder.
Appears in 4 contracts
Samples: Custodian Agreement (Oppenheimer Senior Floating Rate Fund), Custodian Agreement (Oppenheimer Senior Floating Rate Plus Fund), Custodian Agreement (Oppenheimer Senior Floating Rate Plus Fund)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude precludes any other or further exercise thereof or the exercise of any other power or right.
Appears in 3 contracts
Samples: Administrative Service Agreement (Aul American Unit Trust), Services and Distribution Services Agreement (Corporate Sponsored Vul Separate Account I), Administrative Service Agreement (Dimensional Investment Group Inc/)
Amendment, Modifications, etc. No provision provisions of this Agreement may be amended, amended modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 2 contracts
Samples: Custodial Agreement (DMR Mortgage Opportunity Fund LP), Allied Capital Corp
Amendment, Modifications, etc. No provision provisions of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Samples: Bankers Trust (Redwood Trust Inc)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto hereof shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Samples: Custodian Agreement (Ark Funds/Ma)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designateddesigned. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either any party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude precludes any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Samples: Service Agreement (VARIABLE ANNUITY ACCT C OF VOYA RETIREMENT INSURANCE & ANNUITY Co)
Amendment, Modifications, etc. No provision of this Agreement may be maybe amended, modified or waived except in a writing signed by the parties theparties hereto. No waiver of any provision hereto shall be deemed a continuing acontinuing waiver unless it is so designated. No failure or delay on the onthe part of either party in exercising any power or right under this Agreement thisAgreement operates as a waiver, nor does any single or partial exercise partialexercise of any power or right preclude any other or further exercise thereof exercisethereof or the exercise of any other power or right.
Appears in 1 contract
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either any party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties heretohereto which satisfies the Rating Agency Condition. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
Samples: Custody and Control Agreement (GE Capital Credit Card Master Note Trust)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right. 21.
Appears in 1 contract
Samples: Custodian Agreement (Flag Investors Portfolios Trust)
Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto. No waiver of any provision hereto shall be deemed a continuing waiver unless it is so designated. No failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor not does any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right.
Appears in 1 contract
