Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 50 contracts
Samples: Stock Purchase Agreement, Agreement and Plan of Merger (Premier Alliance Group, Inc.), Stock Purchase Agreement (Aquacell Technologies Inc)
Amendment; Waivers. This Agreement may not be modified, amended, modified waived or supplemented only discharged in any manner except by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the both parties hereto. The waiver by either party of compliance with any of the terms and conditions provision of this Agreement by the other party shall not operate or be construed as a waiver of any other terms and conditions hereofprovision of this Agreement, or of any subsequent breach by such party of a provision of this Agreement.
Appears in 23 contracts
Samples: Control Agreement, Change of Control Agreement, Change of Control Agreement (Surmodics Inc)
Amendment; Waivers. This Agreement may not be amended, modified or supplemented only amended except by an instrument agreement in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of A party may waive any of the terms conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereofor obligations.
Appears in 8 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement and Escrow Instructions, Purchase and Sale Agreement and Escrow Instructions
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and writing signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 7 contracts
Samples: Stock Purchase Agreement (American Medical Providers Inc), Asset Purchase Agreement (American Medical Providers Inc), Business Purchase Agreement (American Medical Providers Inc)
Amendment; Waivers. This Agreement contains the full and complete understanding and agreement of the parties hereto as to the subject matter hereof and may not be modified or amended, modified or supplemented only nor may any provision hereof be waived, except by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and a further written agreement duly signed by each of the parties heretoparties. The waiver by either of the parties hereto of any of the terms and conditions of this Agreement provision hereof in any instance shall not be construed operate as a waiver of any other terms and conditions hereofprovision hereof or in any other instance.
Appears in 6 contracts
Samples: Share Grant Agreement (Nanophase Technologies Corporation), Restricted Share Grant Agreement (Nanophase Technologies Corporation), Grant Agreement (Nanophase Technologies Corporation)
Amendment; Waivers. This Agreement may not be modified, amended, modified waived or supplemented only discharged in any manner except by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the both parties hereto. The waiver by either party of compliance with any of the terms and conditions provision of this Agreement shall by the other party will not operate or be construed as a waiver of any other terms and conditions hereofprovision 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. (a) This Agreement may be amended, modified or supplemented amended only by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties heretoparties. The waiver of any of the terms and conditions Any provision of this Agreement shall not may be construed as a waived if, but only if, such waiver of any other terms is in writing and conditions hereofis signed by each party against whom the waiver is to be effective.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Carver Bancorp Inc), Stock Purchase Agreement (Carver Bancorp Inc), Stock Purchase Agreement (Carver Bancorp Inc)
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all of the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Root9B Technologies Inc.), Agreement and Plan of Merger (GreenHouse Holdings, Inc.), Agreement and Plan of Merger (Premier Alliance Group, Inc.)
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the party or parties heretomaking any such waiver. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (American Physician Partners Inc), Indemnification Agreement (American Physician Partners Inc)
Amendment; Waivers. This Agreement may be amended, modified or supplemented amended only in a writing signed by an instrument in writing executed by all the both parties hereto. Any waiver provision of any terms and conditions hereof must this Agreement may be waived only in writing, and a writing signed by the party to be bound by such waiver. No course of dealing between the parties hereto. The waiver of shall be effective to amend or waive any of the terms and conditions provision of this Agreement shall not be construed as a waiver of any other terms and conditions hereofAgreement.
Appears in 2 contracts
Samples: Flavor Supply Agreement (MBW Foods Inc), Co Pack Agreement (MBW Foods Inc)
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all of the parties heretoparties. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties heretoparties. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereofconditions.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Premier Alliance Group, Inc.)
Amendment; Waivers. This The terms and provisions of this Agreement may not be modified or amended, modified nor may any of the provisions hereof be waived, temporarily or supplemented only by an permanently, except pursuant to a written instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 1 contract
Amendment; Waivers. This Agreement may be amended, amended or modified or supplemented only by an instrument in a writing executed by all the parties heretoto this Agreement. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any None of the terms and conditions of this Agreement shall not be construed as deemed to be waived or amended by either party unless such a waiver or amendment specifically references this Agreement and is in writing signed by an authorized representative of any other terms the party to be bound. Any such signed waiver shall be effective only in the specific instance and conditions hereoffor the specific purpose for which it was made or given.
Appears in 1 contract
Amendment; Waivers. This Agreement may be amended, amended or modified or supplemented only by an instrument in a writing executed by all the parties heretoparties. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any None of the terms and conditions of this Agreement shall not will be construed as deemed to be waived or amended by either party unless such a waiver or amendment specifically references this Agreement and is in writing signed by an authorized representative of any other terms the party to be bound. Any such signed waiver will be effective only in the specific instance and conditions hereoffor the specific purpose for which it was made or given.
Appears in 1 contract
Samples: Transition and Retirement Agreement (Pacira BioSciences, Inc.)
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all the parties hereto. Any waiver of any terms 44 52 and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization and Merger (American Physician Partners Inc)
Amendment; Waivers. This 11.2.1 Any provision of this Agreement may be amended, modified or supplemented only by an instrument amended if such amendment is in writing executed and signed by all each of the parties heretoParties. Any provision of this Agreement may be waived if such waiver of any terms and conditions hereof must be is in writing, writing and signed by the parties hereto. The waiver of any Party against whom enforcement of the terms waiver is sought, and conditions such writing expressly references the provisions of this Agreement shall not be construed as a waiver that are waived and is delivered in accordance with the notice provisions of any other terms and conditions hereofSection 11.1.
Appears in 1 contract
Amendment; Waivers. This The terms and provisions of this Agreement may be amended, modified or supplemented amended only by an a written instrument in writing executed by all each of the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of compliance with any of the terms and conditions of this Agreement shall not term or provision hereof may be construed as a waiver of any other terms and conditions hereof.waived
Appears in 1 contract
Samples: Asset Purchase Agreement (Bayard Drilling Technologies Inc)
Amendment; Waivers. This Agreement may be amended, modified or supplemented only by an instrument in writing executed by all the parties hereto. Any waiver of any terms and conditions hereof must be in writing, and signed by the parties hereto. The waiver of any 49 57 of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms and conditions hereof.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Universal Document MGMT Systems Inc)