Common use of Amendment; Waivers Clause in Contracts

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors). Any such waiver will constitute a waiver only with respect to the specific matter described in such writing and will in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank]

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of Holding and the Company Company, approved by resolution of the Boards of Directors of Holding and the Company’s Board of Directors). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or ------------------ discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company Company, approved by resolution of the Company’s Board of DirectorsDirectors of the Company). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or ------------------ discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of Holding and the Company Company, approved by resolution of the Boards of Directors of Holding and the Company’s Board of Directors). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Group, approved by resolution of the Company’s Board of DirectorsDirectors or the sole stockholder of such member of the Company Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or ------------------ discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of Acterna or the Company Company, approved by resolution of the Company’s Board their respective Boards of Directors). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of DirectorsDirectors of such Company). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors). Any such waiver will constitute a waiver only with respect to the specific matter described in such writing and will in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee of a breach of or a default under any and of the provisions of this Agreement, nor the failure by any party or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank]

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement each of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors)parties hereto. Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the any party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the The remainder of this page has been left intentionally blankblank intentionally.]

Amendment; Waivers. No amendment, modification, supplement modification or discharge of this Agreement, Agreement and no waiver hereunder, will hereunder shall be valid or binding unless set forth in writing and duly executed by the party Party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors)sought. Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party or any Indemnitee of the Parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers right or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power rights or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee Party may otherwise have at law or in equity or otherwiseequity. [Notwithstanding the remainder foregoing provisions of this page left intentionally blank]‎Section 11.6, no amendment or modification to any of this sentence of this ‎Section 11.6, the proviso in Section 11.11, Section 11.13, Section 11.16.1 and/or Section 11.19 that is materially adverse to any Financing Sources shall become effective without the prior written consent of the materially adversely affected Financing Sources.

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Group, approved by resolution of the Company’s Board of DirectorsDirectors or the sole stockholder of such member of the Company Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the The remainder of this page has been left intentionally blankblank intentionally.]

Amendment; Waivers. No amendment, modification, supplement or ------------------ discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of Holding and the Company Company, approved by resolution of the Company’s Board of DirectorsDirectors of Holding or the Company, as the case may be). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee party hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party or any Indemnitee party, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers right or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power rights or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors)sought. Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company Company, approved by resolution of the Company’s Board of DirectorsDirectors of the Company). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement modification or discharge of this Agreement, Agreement and no waiver hereunder, will hereunder shall be valid or binding unless set forth in writing and duly executed by the party Party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company approved by resolution of the Company’s Board of Directors)sought. Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties or any Indemnitee Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party or any Indemnitee of the Parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers right or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power rights or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any other remedy conferred hereby or any rights or remedies that any party or Indemnitee Party may otherwise have at law or in equity equity. The exercise by a party hereto of any one remedy shall not preclude the exercise of any other remedy, based on the same facts or otherwise. [different facts, and the remainder parties acknowledge the right of this page left intentionally blank]a party to pursue a claim in damages or for indemnification following a successful or unsuccessful request for specific performance.

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Acquisition Group, approved by resolution of the Company’s Board Boards of DirectorsDirectors of such member of the Acquisition Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of the Company Company, approved by resolution of the Company’s Board of DirectorsDirectors of the Company). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Group, approved by resolution of the Company’s Board Boards of DirectorsDirectors of such member of the Company Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or ------------------ discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Group, approved by resolution of the Company’s Board of DirectorsDirectors or the sole stockholder of such member of the Company Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank].

Amendment; Waivers. No amendment, modification, supplement or discharge of this Agreement, and no waiver hereunder, will shall be valid or binding unless set forth in writing and duly executed by the party or Indemnitee against whom enforcement of the amendment, modification, supplement, discharge or waiver is sought (and in the case of a member of the Company Group, approved by resolution of the Company’s Board of DirectorsDirectors or the sole stockholder of such member of the Company Group). Any such waiver will shall constitute a waiver only with respect to the specific matter described in such writing and will shall in no way impair the rights of the party or Indemnitee granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto or any Indemnitee of a breach of or a default under any of the provisions of this Agreement, nor the failure by any party hereto or any Indemnitee on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right, powers or privilege hereunder, will shall be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights, power or privileges hereunder. The rights and remedies herein provided in this Agreement are cumulative and are not exclusive of any rights or remedies that any party or Indemnitee may otherwise have at law or in equity or otherwise. [the remainder of this page left intentionally blank]10