Common use of Amendment, Modifications, etc Clause in Contracts

Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto (except that Exhibit D may be amended as provided in Section 4 hereof and 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 6 contracts

Samples: Custodial Services Agreement (Monarch Funds), Master Subcustody Agreement (Forum Funds), Custodial Services Agreement (Monarch Funds)

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Amendment, Modifications, etc. No provision of this Agreement may be amended, modified or waived except in a writing signed by the parties hereto (except that Exhibit D may be amended as provided in Section 4 hereof by Instructions approving a Subcustodian and 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 1 contract

Samples: Custodial Services Agreement (Monarch Funds)

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