Common use of Amendment; Waivers, etc Clause in Contracts

Amendment; Waivers, etc. No amendment, modification or discharge of this Agreement, and no waiver under this Agreement, shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the amendment, modification, discharge or waiver is sought. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. The waiver by any of the Parties of a breach of or a default under any of the provisions of this Agreement, or any failure or delay to exercise any right or privilege under this Agreement, shall not be construed as a waiver thereof or otherwise affect any of such provisions, rights or privileges under this Agreement.

Appears in 5 contracts

Samples: Stock Purchase Agreement (CMS Energy Corp), Stock Purchase Agreement (CMS Energy Corp), Purchase Agreement (Brookfield Infrastructure Partners L.P.)

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Amendment; Waivers, etc. No amendment, modification or discharge of this Agreement, and no waiver under this Agreementhereunder, shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the amendment, modification, discharge or waiver is sought. Any such waiver shall constitute a waiver only with respect to Neither the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. The waiver by any of the Parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the Parties, on one or more occasions, to enforce any failure of the provisions of this Agreement or delay to exercise any right or privilege under this Agreementhereunder, shall not be construed as a waiver thereof of any other breach or otherwise affect default of a similar nature, or as a waiver of any of such provisions, rights or privileges under this Agreementhereunder.

Appears in 2 contracts

Samples: Share Exchange Agreement (China Auto Rental Inc.), Share Exchange Agreement (China Auto Rental Inc.)

Amendment; Waivers, etc. No amendment, modification or discharge of this Participation Agreement, and no waiver under this Agreementhereunder, shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the amendment, modification, discharge or waiver is sought. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. The Neither the waiver by any of the Parties of a breach of or a default under any of the provisions of this Participation Agreement, nor the failure by any of the Parties, on one or more occasions, to enforce any failure of the provisions of this Participation Agreement or delay to exercise any right or privilege under this Agreementhereunder, shall not be construed as a waiver thereof of any other breach or otherwise affect default of a similar nature or as a waiver of any of such provisions, rights or privileges under this Agreementhereunder.

Appears in 1 contract

Samples: Participation Agreement (Directv Group Inc)

Amendment; Waivers, etc. (a) No amendment, modification or discharge of this Agreement, and no waiver under this Agreement, shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the amendment, modification, discharge or waiver is sought. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. The waiver by any of the Parties of a breach of or a default under any of the provisions of this Agreement, Agreement or any failure or delay to exercise any right or privilege under this Agreement, shall not be construed as a waiver thereof of any other breach or otherwise affect default of a similar nature, or as a waiver of any of such provisions, rights or privileges under this Agreement. (b) The rights and remedies in this Agreement provided are cumulative and none is exclusive of any other, or of any rights or remedies that any Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Share Purchase Agreement (Cogentrix Energy Inc)

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Amendment; Waivers, etc. No amendment, modification or discharge of this Agreement, and no waiver under this Agreement, shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the amendment, modification, discharge or waiver is sought. Any reference to Sellers “acting together” shall mean that the Sellers have unanimously agreed on any such act or omission described. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. The waiver by any of the Parties of a breach of or a default under any of the provisions of this Agreement, or any failure or delay to exercise any right or privilege under this Agreement, shall not be construed as a waiver thereof or otherwise affect any of such provisions, rights or privileges under this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Uil Holdings Corp)

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