Common use of Amendment; No Waiver Clause in Contracts

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 34 contracts

Samples: Private Equity Line Agreement (Fonix Corp), Trust Unit Purchase Agreement (Enterra Energy Trust), Common Stock Purchase Agreement (Aksys LTD)

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Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement, the Warrant and the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 18 contracts

Samples: Common Stock Purchase Agreement (Kosan Biosciences Inc), Common Stock Purchase Agreement (Genvec Inc), Common Stock Purchase Agreement (Oxigene Inc)

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Practice Works Inc)

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement, the Warrant and the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 9 contracts

Samples: Common Stock Purchase Agreement (Biosante Pharmaceuticals Inc), Common Stock Purchase Agreement (Somaxon Pharmaceuticals, Inc.), Common Stock Purchase Agreement (Jazz Pharmaceuticals Inc)

Amendment; No Waiver. No party Party shall be liable or bound to any other party Party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party Party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties a Party from thereafter demanding full and complete compliance nor prevent the parties a Party from exercising such a right or remedy in the future.

Appears in 2 contracts

Samples: Loan Agreement (Green Mountain Capital Inc.), Exchange Agreement (Green Mountain Capital Inc.)

Amendment; No Waiver. No party hereto shall be liable or bound to any other party hereto in any manner by any warranties, representations representations, agreements or covenants except as specifically set forth in this Agreement or thereinand the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party hereto to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties hereto from thereafter demanding full and complete compliance nor prevent the parties hereto from exercising such a right or remedy in the future.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Top Ships Inc.), Common Stock Purchase Agreement (Sovereign Holdings Inc.)

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop stop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Stock Purchase Agreement (American Water Star Inc)

Amendment; No Waiver. No party Party shall be liable or bound to any other party Party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties all Parties hereto. The failure of the either party any Party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties a Party from thereafter demanding full and complete compliance nor prevent the parties a Party from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Green Mountain Capital Inc.)

Amendment; No Waiver. No party hereto shall be liable or bound to any other party hereto in any manner by any warranties, representations representations, agreements or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party hereto to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties hereto from thereafter demanding full and complete compliance nor prevent the parties hereto from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Share Purchase Agreement (Paragon Shipping Inc.)

Amendment; No Waiver. No party shall be liable or bound to -------------------- any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dauphin Technology Inc)

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Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, Agreement or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Private Equity Line Agreement (Cyber Care Inc)

Amendment; No Waiver. No party shall be liable or bound -------------------- to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or therein. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cbcom Inc)

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinand the Registration Rights Agreement. Except as expressly provided in this Agreement, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Neurocrine Biosciences Inc)

Amendment; No Waiver. No party Neither Buyer nor Seller shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinAgreement. Except as expressly provided in this Agreement, neither Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Stancorp Financial Group Inc)

Amendment; No Waiver. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth in this Agreement or thereinand the Warrant. Except as expressly provided in this AgreementAgreement and the Warrant, neither this Agreement nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by both parties hereto. The failure of the either party to insist on strict compliance with this Agreement, or to exercise any right or remedy under this Agreement, shall not constitute a waiver of any rights provided under this Agreement, nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a right or remedy in the future.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Discovery Laboratories Inc /De/)

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