Common use of Amendment, Waiver, etc Clause in Contracts

Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to require performance of any provisions shall in no manner affect the rights at a later time to enforce the same. No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 10 contracts

Samples: License and Royalty Agreement, License Agreement (Medarex Inc), Development Agreement (Osi Pharmaceuticals Inc)

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Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party Party or, in the case of waiver, by the party Party or parties Parties waiving compliance. The delay or failure of any party Party at any time or times to require performance of any provisions shall in no manner affect the rights at a later time to enforce the same. No waiver by any party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 3 contracts

Samples: License Agreement (Atrix Laboratories Inc), Technology Transfer Agreement (Molecular Insight Pharmaceuticals, Inc.), Technology Transfer Agreement (Molecular Insight Pharmaceuticals, Inc.)

Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceled, and any of the its terms may be waived, only by a written instrument executed by each party both Parties or, in the case of waiver, by the party Party or parties Parties waiving compliance. The delay or failure of any party Party at any time or times to require performance of any provisions provision shall in no manner affect the rights of such Party at a later time to enforce the same. No waiver by any party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, be or considered as, construed as a further or continuing waiver of any such condition breach or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: License Agreement (Jazz Pharmaceuticals Inc), License Agreement (Jazz Pharmaceuticals Inc)

Amendment, Waiver, etc. This Agreement may be amended, modified, ---------------------- superseded or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party hereto or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instances, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Option Agreement (Isonics Corp), Option Agreement (Isonics Corp)

Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party Party hereto or, in the case of waiver, by the party Party or parties Parties waiving compliance. The delay or failure of any party Party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by any party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instancesinstance, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 2 contracts

Samples: Convertible Preferred Stock Purchase Agreement (Osi Pharmaceuticals Inc), Collaborative Research, Development and Commercialization Agreement (Oncogene Science Inc)

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Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceled, and any of the terms hereof may be waived, only by a written instrument executed by each party hereto or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instancesinstance, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaborative Research, Development and Commercialization Agreement (Osi Pharmaceuticals Inc)

Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms hereof may be waived, only by a written instrument executed by each party Party hereto or, in the case of waiver, by the party Party or parties Parties waiving compliance. The delay or failure of any party Party at any time or times to require performance of any provisions provision hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by any party Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, conduct or otherwise, in any one or more instancesinstance, shall be deemed to be, or considered construed as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: Collaborative Research, Development and Commercialization Agreement (Oncogene Science Inc)

Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceledcancelled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to require performance of any provisions shall in no manner affect the rights at a later time to enforce the same. No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.

Appears in 1 contract

Samples: License, Development and Commercialization Agreement (Guilford Pharmaceuticals Inc)

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