Common use of Amendment; Waivers Clause in Contracts

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Fiserv Inc), Stock Purchase Agreement (Fiserv Inc), Stock Purchase Agreement (Fiserv Inc)

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Amendment; Waivers. No amendment, amendment or modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The failure of a party hereto at any time or times to require performance of any provision hereof or claim damages with respect thereto shall in no manner affect its right at a later time to enforce the same. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

Appears in 6 contracts

Samples: New RMSR Agreement (Ocwen Financial Corp), New RMSR Agreement (New Residential Investment Corp.), Master Agreement (Ocwen Financial Corp)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein 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 5 contracts

Samples: Stock Purchase Agreement (RenPac Holdings Inc.), Stock Purchase Agreement (RenPac Holdings Inc.), Asset Purchase Agreement (RenPac Holdings Inc.)

Amendment; Waivers. No amendment, modification modification, or discharge of this Agreement, and no waiver hereunderunder this Agreement, shall be valid or binding unless set forth in writing and duly executed by the party Party against whom enforcement of the amendment, modification, discharge 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 Party granting such waiver in any other respect or at any other time. Neither the The waiver by any either 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 of the provisions of this Agreement or to exercise any right or privilege hereunderunder this Agreement, shall not 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 rights, or privileges hereunderunder this Agreement.

Appears in 2 contracts

Samples: Director Nomination and Board Observer Agreement (HNR Acquisition Corp.), Director Nomination and Board Observer Agreement (HNR Acquisition Corp.)

Amendment; Waivers. No amendment, modification modification, or discharge of this Agreement, and no waiver hereunderunder this Agreement, shall be valid or binding unless set forth in writing and duly executed by the party Party against whom enforcement of the amendment, modification, discharge 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 Party granting such waiver in any other respect or at any other time. Neither the The waiver by any either of the parties hereto Parties 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 of the provisions of this Agreement or to exercise any right or privilege hereunderunder this Agreement, shall not 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 rights, or privileges hereunderunder this Agreement.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (HNR Acquisition Corp.), Membership Interest Purchase Agreement (HNR Acquisition Corp.)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder.. 105 113

Appears in 2 contracts

Samples: Plan of Merger and Exchange Agreement (Global Decisions Group LLC), Plan of Merger and Exchange Agreement (Global Decisions Group LLC)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver 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, 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 Party granting such waiver in any other respect or at any other time. Neither the The waiver by any of the parties hereto Parties of a breach of or a default under any of the provisions of this AgreementAgreement shall not be construed as a waiver of any other breach or default of a similar nature, nor and the failure by any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, shall not 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 or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Investment Agreement (TBS International PLC), Investment Agreement (Standard Pacific Corp /De/)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Patent Purchase Agreement (Creative Medical Technology Holdings, Inc.), Unit Purchase Agreement (Orion Ethanol, Inc)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver 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, 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 Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties Parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Call Option Agreement (Merck & Co Inc)

Amendment; Waivers. No amendment, modification modification, supplement or discharge of this Agreement, and no waiver hereunder, 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. 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. Neither the waiver by any of the parties either party hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the parties, either party on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right right, powers or privilege hereunder, 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 rights, power or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that either party may otherwise have at law or in equity or otherwise.

Appears in 1 contract

Samples: Employment Agreement (African Agriculture Holdings Inc.)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, Agreement and no waiver hereunder, 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, 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 Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder.

Appears in 1 contract

Samples: Business Combination Agreement

Amendment; Waivers. No amendment, modification or discharge ------------------ of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder.

Appears in 1 contract

Samples: Merger Agreement (BHC Financial Inc)

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Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder.

Appears in 1 contract

Samples: Partnership Agreement (Menlo Acquisition Corp)

Amendment; Waivers. No amendment, amendment or modification or discharge of this Agreementagreement, and no waiver of any provision hereunder, shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, discharge modification 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. Neither the waiver by any of the parties party hereto of a breach of or a default under any of the provisions of this Agreementagreement, nor SALE AND PURCHASE AGREEMENT the failure by any of the parties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 rights, or privileges hereunder.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Shares (Ashton Technology Group Inc)

Amendment; Waivers. No amendment, modification modification, or discharge of this Agreement, and no waiver 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, discharge 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 Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties Parties hereto of a breach of or a default under any of the provisions of this Agreement, nor the failure by any either of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 rights, or privileges hereunder.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Global Water Resources, Inc.)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither 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 of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein 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: Stock Purchase Agreement (Tiptree Financial Inc.)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, Agreement and no waiver hereunder, 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, 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 Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party may otherwise have at Law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (EPAM Systems, Inc.)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, and no waiver hereunder, 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. Neither the waiver by any The failure of the parties either party 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 of the provisions of this Agreement or to exercise any right rights or privilege hereunder, privileges hereunder shall not 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 or privileges hereunder. Except as otherwise expressly provided in this Agreement, the rights and remedies herein provided are cumulative and none is exclusive of any other or of any rights or remedies that a party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Kaiser Aluminum Corp)

Amendment; Waivers. No amendment, modification or discharge of this Agreement, Agreement and no waiver hereunder, 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, 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 Party granting such waiver in any other respect or at any other time. Neither the waiver by any of the parties hereto Parties of a breach of or a default under any of the provisions of this Agreement, nor the failure by any of the partiesParties, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder, 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 or privileges hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any Party may otherwise have at law or in equity.

Appears in 1 contract

Samples: Purchase Agreement (General Cable Corp /De/)

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