Common use of Amendment; Waiver; Remedies Cumulative Clause in Contracts

Amendment; Waiver; Remedies Cumulative. This Agreement, including this provision of this Agreement, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this Agreement, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement and in connection with the Closing hereunder. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This Agreement, including this provision of this Agreement, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties heretohereto especially as it pertains to termination notification Section 9, End of Life Notification Section 5.3, and Limited Warranty Section 7. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this Agreement, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement and in connection with the Closing hereunder. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This AgreementLicense, including this provision of this AgreementLicense, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this AgreementLicense, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this AgreementLicense, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement License and in connection with the Closing hereunderAPA. The waiver by any party hereto of a breach of any provision of this Agreement License shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement License are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This AgreementLicense, including this provision of this AgreementLicense, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this AgreementLicense, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this AgreementLicense, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement License and in connection with the Closing hereunderPSA. The waiver by any party hereto of a breach of any provision of this Agreement License shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement License are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This AgreementLicense, including this provision of this AgreementLicense, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this AgreementLicense, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this AgreementLicense, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement License and in connection with the Closing hereunderPurchase Agreement. The waiver by any party hereto of a breach of any provision of this Agreement License shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement License are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This Agreement, including this provision of this Agreement, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof of this Agreement shall be effective binding upon the Parties unless explicitly set forth made in writing and duly executed by the party so waivingParty granting such waiver. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including any investigation No delay or omission by or on behalf of any party or a failure or delay by any party either Party in exercising any power, right or privilege power accruing to it upon the non-compliance or failure of performance by another Party under the provisions of this Agreement, Agreement shall impair any right or power or be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or construed to be delivered pursuant to this Agreement and in connection with the Closing hereundera waiver. The A waiver by any party hereto Party of a breach of any provision of this Agreement the obligations, conditions or agreements to be performed by another Party shall not operate or be construed as a waiver of any subsequent breachsucceeding breach of the same or other obligations, agreements or conditions. All rights and remedies existing under afforded by this Agreement are cumulative tofor a breach hereof shall be cumulative; other equitable and statutory remedies, and not exclusive ofother remedies expressly set forth in this Agreement, are available to either Party with regard to this Agreement. No modification or amendment to this Agreement or any rights or remedies otherwise availableSOW shall be valid unless made in writing and signed by all Parties.

Amendment; Waiver; Remedies Cumulative. This AgreementLicense, including this provision of this AgreementLicense, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties hereto. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this AgreementLicense, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this AgreementLicense, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement License , the APA, IPMA, and in connection with the Closing hereunderany ancillary agreements. The waiver by any party hereto of a breach of any provision of this Agreement License shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this Agreement License are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Amendment; Waiver; Remedies Cumulative. This License Agreement, including this provision of this License Agreement, may be amended, supplemented or otherwise modified only by a written instrument executed by the parties heretoparties. No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this License Agreement, including any investigation by or on behalf of any party or a failure or delay by any party in exercising any power, right or privilege under this License Agreement, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants, or agreements contained herein, and in any documents delivered or to be delivered pursuant to this Agreement and in connection with the Closing hereunder. The waiver by any party hereto of a breach of any provision of this License Agreement shall not operate or be construed as a waiver of any subsequent breach. All rights and remedies existing under this License Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.