Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged. (b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 221 contracts
Samples: Master Broker Dealer Agreement, Broker Dealer Agreement (RMR Asia Pacific Real Estate Fund), Broker Dealer Agreement (Tortoise Energy Infrastructure Corp)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 63 contracts
Samples: Auction Agency Agreement (Pimco Corporate & Income Strategy Fund), Auction Agency Agreement (Pimco Corporate & Income Opportunity Fund), Auction Agency Agreement (Blackrock Florida Municipal 2020 Term Trust)
Amendment; Waiver. (a) This The Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 48 contracts
Samples: Auction Agency Agreement, Auction Agency Agreement (Federated Premier Municipal Income Fund), Auction Agency Agreement (Federated Premier Intermediate Municipal Income Fund)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be chargedparties hereto.
(b) Failure of either any party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 36 contracts
Samples: Auction Agency Agreement, Broker Dealer Agreement (Federated Premier Municipal Income Fund), Broker Dealer Agreement (Federated Premier Municipal Income Fund)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled modified or waived, discharged in whole or in part, part except by a written instrument an Agreement in writing signed by a duly authorized representative both of the party to be charged.
(b) Failure parties hereto. The failure of either party of the parties to this Agreement require the performance of a term or obligation or to exercise any right or remedy hereunder in the event of a breach of under this Agreement by or the other party waiver of any breach hereunder shall not constitute prevent subsequent enforcement of such term or obligation or exercise of such right or the enforcement at any time of any other right hereunder or be deemed a waiver of any such right subsequent breach of the provision so breached, or remedy with respect to of any subsequent breachother breach hereunder.
Appears in 35 contracts
Samples: Employment Agreement (Harvest Health & Recreation Inc.), Employment Agreement (Albany Molecular Research Inc), Employment Agreement (Albany Molecular Research Inc)
Amendment; Waiver. (a) This Each Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either any party to this any Agreement to exercise any right or remedy hereunder thereunder in the event of a breach of this Agreement thereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 27 contracts
Samples: Broker Dealer Agreement (Nuveen Dividend Advantage Municipal Fund 2), Broker Dealer Agreement (Nuveen Investment Quality Municipal Fund Inc), Broker Dealer Agreement (Nuveen Premium Income Municipal Fund 4 Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either any party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 26 contracts
Samples: Broker Dealer Agreement (Calamos Global Dynamic Income Fund), Broker Dealer Agreement (Franklin Templeton Limited Duration Income Trust), Broker Dealer Agreement (New America High Income Fund Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedcharged and by the Fund.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 24 contracts
Samples: Broker Dealer Agreement (PIMCO Floating Rate Strategy Fund), Auction Agency Agreement (PIMCO Floating Rate Strategy Fund), Broker Dealer Agreement (Blackrock Municipal 2020 Term Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 21 contracts
Samples: Broker Dealer Agreement (Muniyield Michigan Fund Inc), Broker Dealer Agreement (Muniyield Florida Fund), Broker Dealer Agreement (Blackrock Investment Quality Municipal Trust Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 18 contracts
Samples: Auction Agency Agreement (Blackrock Global Floating Rate Income Trust), Auction Agency Agreement (Ing Clarion Real Estate Income Fund), Auction Agency Agreement (Ing Clarion Global Real Estate Income Fund)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right rights or remedy remedies with respect to any subsequent breach.
Appears in 15 contracts
Samples: Auction Agency Agreement (Calamos Global Dynamic Income Fund), Auction Agency Agreement (Nuveen Tax-Advantaged Dividend Growth Fund), Auction Agency Agreement (Calamos Convertible Opportunities & Income Fund)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled modified or waived, ----------------- discharged in whole or in part, part except by a written instrument an Agreement in writing signed by a duly authorized representative both of the party to be charged.
(b) Failure parties hereto. The failure of either party of the parties to this Agreement require the performance of a term or obligation or to exercise any right or remedy hereunder in the event of a breach of under this Agreement by or the other party waiver of any breach hereunder shall not constitute prevent subsequent enforcement of such term or obligation or exercise of such right or the enforcement at any time of any other right hereunder or be deemed a waiver of any such right subsequent breach of the provision so breached, or remedy with respect to of any subsequent breachother breach hereunder.
Appears in 11 contracts
Samples: Employment Agreement (Albany Molecular Research Inc), Employment Agreement (Albany Molecular Research Inc), Employment Agreement (Albany Molecular Research Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 10 contracts
Samples: Auction Agency Agreement, Auction Agency Agreement (Real Estate Income Fund Inc), Auction Agency Agreement (Travelers Corp Loan Fund Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either any party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 9 contracts
Samples: Auction Agency Agreement (Van Kampen High Income Trust Ii), Broker Dealer Agreement (Van Kampen Municipal Trust), Broker Dealer Agreement (Alliance National Municipal Income Fund)
Amendment; Waiver. (a1) This The Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b2) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 8 contracts
Samples: Auction Agency Agreement (Blackrock New Jersey Municipal Bond Trust), Auction Agency Agreement (Blackrock Florida Municipal Bond Trust), Auction Agency Agreement (Blackrock Maryland Municipal Bond Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to parties hereto. This Agreement may not be chargedamended without first obtaining the prior written consent of the Issuer.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 7 contracts
Samples: Broker Dealer Agreement (Education Funding Capital Trust I), Broker Dealer Agreement (Education Capital I LLC), Broker Dealer Agreement (Education Capital I LLC)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 7 contracts
Samples: Broker Dealer Agreement (Aberdeen Asia Pacific Income Fund Inc), Broker Dealer Agreement (Aberdeen Asia Pacific Income Fund Inc), Broker Dealer Agreement (Aberdeen Global Income Fund Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either any party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 6 contracts
Samples: Broker Dealer Agreement (Boulder Total Return Fund Inc), Broker Dealer Agreement (Boulder Total Return Fund Inc), Broker Dealer Agreement (Boulder Total Return Fund Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative representatives of the party to be chargedparties hereto.
(b) Failure of either a party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 3 contracts
Samples: Assignment and Assumption Agreement (Education Loans Inc /De), Assignment and Assumption Agreement (Education Loans Inc /De), Assignment and Assumption Agreement (Education Loans Inc /De)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be chargedCompany, the Tender Agent, the Administrative Trustees and the Remarketing Agent.
(b) Failure of either any party to this Agreement to exercise any right or remedy hereunder under this Agreement in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 3 contracts
Samples: Remarketing Agreement (Calpine Corp), Remarketing Agreement (Calpine Corp), Remarketing Agreement (Calpine Capital Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be charged.
(b) parties hereto. Failure of either any party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 3 contracts
Samples: Broker Dealer Agreement (Blackrock California Municipal 2018 Term Trust), Broker Dealer Agreement (Blackrock New York Municipal 2018 Term Trust), Broker Dealer Agreement (Gabelli Equity Trust Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement breach-hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 2 contracts
Samples: Auction Agency Agreement (Zenix Income Fund Inc), Auction Agency Agreement (Zenix Income Fund Inc)
Amendment; Waiver. (a) This Each Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either any party to this any Agreement to exercise any right or remedy hereunder thereunder in the event of a breach of this Agreement thereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.. 14
Appears in 2 contracts
Samples: Broker Dealer Agreement (Nuveen New York Investment Quality Municipal Fund Inc), Broker Dealer Agreement (Nuveen New York Select Quality Municipal Fund Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedeach party.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right rights or remedy remedies with respect to any subsequent breach.
Appears in 2 contracts
Samples: Paying Agent Agreement (Putnam Municipal Opportunities Trust), Agency Agreement (Kemper Municipal Income Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative representatives of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 2 contracts
Samples: Broker Dealer Agreement (Hancock John Patriot Premium Dividend Fund Ii), Broker Dealer Agreement (Hancock John Patriot Premium Dividend Fund Ii)
Amendment; Waiver. (a) This Subject to Section 5.05, this Agreement shall not be, and not be deemed or construed to be be, modified, amended, rescinded, canceled terminated or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedeach party.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 2 contracts
Samples: Calculation and Paying Agent Agreement (Eaton Vance Municipal Income Trust), Calculation and Paying Agent Agreement (Eaton Vance New York Municipal Bond Fund)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) . Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 2 contracts
Samples: Subscription Agreement (Baron Capital Funds Trust), Reimbursement Agreement (Peak Trends Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right fight or remedy with respect to any subsequent breach.
Appears in 1 contract
Samples: Broker Dealer Agreement (Collegiate Funding Services Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b) . Failure of either any party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach. SECTION 7.
Appears in 1 contract
Samples: Put/Call Agreement (Interpool Inc)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be chargedCompany, the Tender Agent the Administrative Trustees and the Remarketing Agent.
(b) Failure of either any party to this Agreement to exercise any right or remedy hereunder under this Agreement in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a) This Agreement shall not may be deemed amended or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by modified solely through a written instrument writing signed by a duly authorized representative persons on behalf of the party to be charged.
(b) Failure both parties. The failure of either party to insist upon the strict observation or performance of any term or provision of this Agreement or to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall will not impair or waive any such right or remedy or constitute a waiver of any such right subsequent breach of the same term or remedy with respect to provision or any subsequent breachother term or provision hereof.
Appears in 1 contract
Amendment; Waiver. (a) This Agreement and shall not be deemed modified or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, amended except by the execution of a written instrument signed by a duly authorized representative the Parties hereto. Any waiver, consent or approval of any kind or character on the party part of any Party of any provisions or conditions of this Agreement must be made in writing and shall be effective only to be charged.
(b) Failure the extent specifically set forth in such writing. The failure of either party to this Agreement assert a right hereunder or to exercise insist upon compliance with any right term or remedy hereunder in the event of a breach condition of this Agreement by the other party shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such right term or remedy with respect to any subsequent breachcondition by the other party.
Appears in 1 contract
Samples: Services Agreement
Amendment; Waiver. (a) This Subject to Section 2.01(e), this Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be chargedeach party.
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right rights or remedy remedies with respect to any subsequent breach.
Appears in 1 contract
Samples: Paying Agent Agreement (Delaware Investments Minnesota Municipal Income Fund Ii Inc)
Amendment; Waiver. (ai) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(bii) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Samples: Broker Dealer Agreement (Blackrock Florida Insured Municipal 2008 Term Trust)
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be chargedparties hereto.
(b) Failure of either party to this Agreement to exercise any right or remedy hereunder in the event of a breach of this Agreement by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a) This Agreement shall not be deemed or ------------------ construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of each of the party to be chargedCompany, the Tender Agent and the Remarketing Agent.
(b) Failure of either any party to this Agreement to exercise any right or remedy hereunder under this Agreement in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.the
(b) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a) This Assumption Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative representatives of the party to be chargedparties hereto.
(b) Failure of either a party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the any other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Amendment; Waiver. (a1) This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled cancelled or waived, in whole or in part, except by a written instrument signed by a duly authorized representative of the party to be charged.
(b2) Failure of either party to this Agreement hereto to exercise any right or remedy hereunder in the event of a breach of this Agreement hereof by the other party shall not constitute a waiver of any such right or remedy with respect to any subsequent breach.
Appears in 1 contract
Samples: Auction Agency Agreement (Blackrock Insured Municipal Income Trust)
