Amendment; No Waiver. The terms, covenants and conditions of this Agreement may be amended, modified or waived only by a written instrument signed by both Parties, or in the event of a waiver, by the Party waiving such compliance. Any Party’s failure at any time to require performance of any provision will not affect that Party’s right to enforce that or any other provision at a later date. No waiver of any condition or breach of any provision, term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances will be deemed to be or construed as a further or continuing waiver of that or any other condition or of the breach of that or another provision, term or covenant of this Agreement.
Appears in 15 contracts
Samples: Retail Operations Agreement, Buying Agency Agreement, Buying Agency Agreement (Lands' End, Inc.)
Amendment; No Waiver. The terms, covenants and conditions of this Agreement may be amended, modified or waived only by a written instrument signed by both Partiesthe parties hereto, or in the event of a waiver, by the Party party waiving such compliance. Any Partyparty’s failure at any time to require performance of any provision will not affect that Partyparty’s right to enforce that or any other provision at a later date. No waiver of any condition or breach of any provision, term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances will be deemed to be or construed as a further or continuing waiver of that or any other condition or of the breach of that or another provision, term or covenant of this Agreement.
Appears in 4 contracts
Samples: Asset Transfer and Dividend Distribution Agreement (Energy Alliance Technology Corp), Separation and Distribution Agreement (Lands End Inc), Separation and Distribution Agreement (Lands End Inc)
Amendment; No Waiver. The terms, covenants covenants, and conditions of this Agreement may be amended, modified modified, or waived only by a written instrument signed by both Parties, the parties hereto or in the event of a waiver, by the Party waiving such compliance. Any Party’s party's failure at any time to require the performance of any provision will not affect that Party’s party's right to enforce that or any other provision at a later date. No waiver of any condition or breach of any provision, term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances will be deemed to be or construed as a further or continuing waiver of that or any other condition or of the breach of that or another provision, term or covenant of this Agreement.
Appears in 1 contract
Samples: Separation and Distribution Agreement (American Cannabis Company, Inc.)