Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged in any manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.
Appears in 23 contracts
Samples: Change of Control Agreement, Change of Control Agreement, Change of Control Agreement (Surmodics Inc)
Amendment; Waivers. This Agreement may not be modified, amended, waived modified or discharged in any manner amended except by an instrument agreement in writing signed by both the parties hereto. The waiver by either A party may waive any of compliance with the conditions contained herein or any provision of this Agreement by the obligations of the other party hereunder, but any such waiver shall not operate be effective only if in writing and signed by the party waiving such conditions or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementobligations.
Appears in 8 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Quarterly Report
Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged in any manner except amended only by an a written instrument in writing signed by both parties heretoparties. The waiver No breach of any agreement, warranty or representation shall be deemed waived unless expressly waived in writing and signed by the party who might assert such breach. No failure or delay by either party of compliance with in exercising any provision of right under this Agreement by the other party shall not operate or be construed as a waiver of such right nor shall any single or partial exercise of any right preclude any other provision or further exercise of this Agreement, such right or the exercise of any subsequent breach by such party of a provision of this Agreementother right.
Appears in 5 contracts
Samples: Employment Agreement (Cutter & Buck Inc), Employment Agreement (Cutter & Buck Inc), Employment Agreement (Cutter & Buck Inc)
Amendment; Waivers. This Agreement may shall not be modified, amended, waived supplemented or discharged in any manner modified except by an instrument in writing signed executed by both parties heretoauthorized representatives of the Parties. The waiver Waiver by either party a Party of compliance with any breach of any provision of this Agreement by the other party Party shall not operate operate, or be construed construed, as a waiver of any subsequent or other provision breach and no Party's undertakings or agreements contained in this Agreement shall be deemed to have been waived unless such waiver is made by an instrument in writing signed by an authorized representative of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthat Party.
Appears in 5 contracts
Samples: Emergency Medical Service Standby Agreement, Emergency Medical Service Standby Agreement, Interlocal Agreement
Amendment; Waivers. This Agreement may shall not be modified, amended, waived supplemented or discharged modified except in a writing executed by authorized representatives of the Parties. Waiver by a Party of any manner except by an instrument in writing signed by both parties hereto. The waiver by either party breach of compliance with any provision of this Agreement by the other party Party shall not operate operate, or be construed construed, as a waiver of any subsequent or other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.
Appears in 4 contracts
Samples: Proprietary Software License Agreement, Proprietary Software License Agreement (Allscripts-Misys Healthcare Solutions, Inc.), Merger Agreement (Misys PLC)
Amendment; Waivers. This Agreement agreement may not be modified, amended, waived or discharged in any manner except amended only by an instrument in a writing signed by both parties each party hereto. The waiver by either Any party of compliance with may waive any provision breach of this Agreement by the other party other; provided, however, that no such waiver shall not operate or be construed as deemed to constitute a waiver of any similar or other provision of this Agreement, or of any subsequent breach breaches by such party of a provision of this Agreementother party.
Appears in 4 contracts
Samples: Strategic Relationship Agreement, Strategic Relationship Agreement, Participant Supervisory Rights and Responsibility Acknowledgement
Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged in any manner except by an instrument in writing signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement by the other party shall will not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.
Appears in 4 contracts
Samples: Executive Security Agreement (Delcath Systems, Inc.), Executive Security Agreement (Delcath Systems, Inc.), Executive Security Agreement (Delcath Systems, Inc.)
Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged amended only in any manner except by an instrument in a writing signed by both parties hereto. The waiver by either party of compliance with any Any provision of this Agreement may be waived only in a writing signed by the other party shall not operate or to be construed as a waiver of any other provision of this Agreement, or of any subsequent breach bound by such party waiver. No course of a dealing between the parties shall be effective to amend or waive any provision of this Agreement.
Appears in 2 contracts
Samples: Flavor Supply Agreement (MBW Foods Inc), Co Pack Agreement (MBW Foods Inc)
Amendment; Waivers. This Agreement may not be modified, amended, waived modified or discharged in any manner supplemented except by an instrument agreement in writing signed by both parties heretothe parties. The waiver Waiver by either any party of compliance with any provision breach of this Agreement by the other party shall not operate or be construed as a continuing waiver or as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.
Appears in 2 contracts
Samples: Stock Purchase Right Agreement (Primoris Services Corp), Restricted Stock Unit Agreement (Primoris Services Corp)
Amendment; Waivers. This Agreement letter agreement may not be modified, amended, waived or discharged in any manner amended except by an instrument in writing signed by both on behalf of each of the parties hereto. The waiver by either any party of compliance with a breach of any provision of this Agreement by the other party hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereunder.
Appears in 2 contracts
Samples: Merger Agreement (Media General Inc), Merger Agreement (Buffett Warren E)
Amendment; Waivers. This Agreement may not be modified, amended, waived amended or discharged in any manner modified except by an instrument in writing signed by both the written consent of the parties hereto. The waiver by either the Executive or the Company of a breach by the other party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementthe breaching party.
Appears in 2 contracts
Samples: Noncompetition Agreement (Whiting Petroleum Corp), Executive Excise Tax Gross Up Agreement (Whiting Petroleum Corp)
Amendment; Waivers. This Agreement may not be modified, amended, waived modified or discharged in any manner except by an instrument in amended only via a writing signed by both parties heretoparties. The waiver by either party Party of compliance with any provision of this Agreement by the other party on any occasion shall not operate or be construed as a waiver of any other such provision of this Agreement, Agreement on any other occasion or of any subsequent breach by such party of a provision of this Agreementupon and other circumstance.
Appears in 1 contract
Samples: Articulation Agreement
Amendment; Waivers. This Agreement may not be modified, amended, waived modified or discharged in any manner amended except by an a written instrument in writing duly signed by both parties heretothe parties. The No waiver by either party of compliance with a breach of any term, provision or condition of this Agreement by the other party shall not operate or be construed as constitute a waiver of any succeeding breach of the same or any other term, provision of this Agreement, or of any subsequent breach condition hereof. No such waiver shall be valid unless executed in writing by such the party of a provision of this Agreementmaking the waiver.
Appears in 1 contract
Samples: Retirement and General Release Agreement (Dex Media Inc)
Amendment; Waivers. This Agreement may not be modified, amended, amended or modified only by a writing executed by the parties. None of the terms of this Agreement will be deemed to be waived or discharged in any manner except amended by an instrument either party unless such a waiver or amendment specifically references this Agreement and is in writing signed by both parties heretoan authorized representative of the party to be bound. The Any such signed waiver by either party of compliance with any provision of this Agreement by will be effective only in the other party shall not operate specific instance and for the specific purpose for which it was made or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementgiven.
Appears in 1 contract
Samples: Transition and Retirement Agreement (Pacira BioSciences, Inc.)
Amendment; Waivers. This Agreement may not be modified, amended, waived modified or discharged in any manner supplemented except by an instrument agreement in writing signed by both parties heretothe Parties. The waiver Waiver by either party any Party of compliance with any provision breach of this Agreement by the other party shall not operate or be construed as a continuing waiver or as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.
Appears in 1 contract
Amendment; Waivers. This Agreement may not be amended, modified, amendedsuperseded or canceled, waived or discharged in and any manner except of the terms of this Agreement may be waived, only by an a written instrument in writing signed by duly authorized representatives of both parties heretoParties or, in the case of waiver, signed by duly authorized representatives of the Party waiving compliance. The Any waiver by either party of compliance with or failure to enforce any provision of this Agreement by the other party on one occasion shall not operate or be construed as deemed a waiver of any other provision of this Agreement, or of such provision on any subsequent breach by such party of a provision of this Agreementother occasion.
Appears in 1 contract
Amendment; Waivers. This Agreement may not be amended or modified, amended, waived or discharged in any manner except by an instrument in writing signed by both parties hereto. The waiver by either party of nor may compliance with any provision condition or covenant set forth herein be waived, except by a writing duly and validly executed by each of the parties hereto, or in the case of a waiver, the party that is waiving compliance. Waiver of any term or condition of this Agreement by the other a party shall will not operate or be construed as a waiver of any subsequent breach or waiver of the same term or condition by such party, or a waiver of any other provision term or condition of this Agreement, or of any subsequent breach Agreement by such party of a provision of this Agreementparty.
Appears in 1 contract
Amendment; Waivers. This Agreement may not only be modified, amended, waived amended or discharged in any manner except modified by an instrument agreement in writing signed by both among the parties hereto. The failure by any party to enforce any of its rights hereunder shall not be deemed to be a waiver by either party of compliance with any provision of this Agreement such rights, unless such waiver is an express written waiver which has been signed by the other party waiving party. Waiver of any one breach shall not operate or be construed as deemed to be a waiver of any other breach of the same or any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementhereof.
Appears in 1 contract
Amendment; Waivers. This Agreement may not be modified, amended, waived or discharged in any manner except by an instrument in writing signed by both parties hereto. The execution of any such modification, amendment or waiver shall be in the sole discretion of an authorized officer of Target. The waiver by either party of compliance with any provision of this Agreement by the other party shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.
Appears in 1 contract
Samples: Non Competition, Non Solicitation and Confidentiality Agreement (Target Corp)
Amendment; Waivers. This Agreement may shall not be modified, amended, waived supplemented, or discharged modified except in a writing executed by authorized representatives of the Parties. Waiver by a Party of any manner except by an instrument in writing signed by both parties hereto. The waiver by either party breach of compliance with any provision of this Agreement by the other party Party shall not operate operate, or be construed construed, as a waiver of any subsequent or other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementbreach.
Appears in 1 contract
Amendment; Waivers. This Agreement may not be modified, amended, amended or modified only by a writing executed by the parties to this Agreement. None of the terms of this Agreement shall be deemed to be waived or discharged in any manner except amended by an instrument either party unless such a waiver or amendment specifically references this Agreement and is in writing signed by both parties heretoan authorized representative of the party to be bound. The Any such signed waiver by either party of compliance with any provision of this Agreement by shall be effective only in the other party shall not operate specific instance and for the specific purpose for which it was made or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by such party of a provision of this Agreementgiven.
Appears in 1 contract
Samples: Executive Employment Agreement (International Isotopes Inc)