Amendments and Waiver. This Agreement may be amended or modified by, and only by, a written instrument executed by all the parties hereto. The terms of this Agreement may be waived by, and only by, a written instrument executed by the party against whom such waiver is sought to be enforced.
Appears in 8 contracts
Samples: Merger Agreement (Globalscape Inc), Asset Purchase Agreement (Kinetic Concepts Inc /Tx/), Merger Agreement (Ilex Oncology Inc)
Amendments and Waiver. This Agreement and the Note may be amended or modified byamended, and the terms hereof waived, only by, by a written instrument executed signed by all the parties hereto. The terms hereto or, in the case of this Agreement may be waived bya waiver, and only by, a written instrument executed by the party against whom such waiver is sought to be enforcedwaiving compliance.
Appears in 6 contracts
Samples: Credit Agreement (Interiors Inc), Revolving Credit Agreement (Embryo Development Corp), Loan Agreement (Embryo Development Corp)
Amendments and Waiver. This Agreement may be amended or modified by, and only by, a written instrument executed by all each of the parties hereto. The terms of this Agreement may be waived by, and only by, a written instrument executed by the party or parties against whom such waiver is sought to be enforced.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Agritope Inc), Stock Purchase Agreement (Agritope Inc), Series a Preferred Stock Purchase Agreement (Agritope Inc)
Amendments and Waiver. This Agreement Only an instrument in writing signed by the parties may be amended or modified byamend this Agreement, and only by, a written instrument executed by all the parties hereto. The terms of this Agreement any provision hereof may be waived by, and only by, a written by an instrument executed in writing signed by the party against whom enforcement of such waiver is sought to be enforced.is
Appears in 2 contracts
Samples: Employment Agreement (Osi Geospatial Inc.), Employment Agreement (Osi Geospatial Inc.)
Amendments and Waiver. This Agreement may only be amended amended, waived, supplemented, modified, or modified by, and only by, extended by a written instrument executed signed by all the parties authorized representatives of each party hereto. The terms of this Agreement may be waived by, and only by, a written instrument executed by the party against whom such waiver is sought to be enforced.
Appears in 2 contracts
Samples: Stockholders' Agreement (America West Airlines Inc), Stockholders' Agreement (America West Holdings Corp)
Amendments and Waiver. This Agreement may be amended or modified by, and only by, by a written instrument executed by all the parties Parties hereto. The terms of this Agreement may be waived by, and only by, a written instrument executed by the party Party against whom such waiver is sought to be enforced. No waiver of any term of this Agreement by either Party shall be deemed to be a further or continuing waiver of any other term of this Agreement.
Appears in 2 contracts
Samples: Software License and Support Agreement, Software License and Support Agreement
Amendments and Waiver. This Agreement may be amended or modified by, and only by, a written notarized instrument executed by all the parties hereto. The terms of this Agreement may be waived by, and only by, a written notarized instrument executed by the party against whom such waiver is sought to be enforced.
Appears in 1 contract
Samples: Asset Purchase Agreement (Mediq Inc)
Amendments and Waiver. This Agreement may be amended or modified byonly in writing, and only by, a written instrument executed signed by all the parties each party hereto. The terms No provision of this Agreement may be waived byexcept in writing, and only by, a written instrument executed signed by the party against whom such waiver is sought to be enforcedsought.
Appears in 1 contract
Samples: Underwriting Agreement (Phoenix Footwear Group Inc)
Amendments and Waiver. This Agreement may be amended or modified by, and only by, a written instrument executed by all the parties hereto. The terms of this Agreement may be waived by, and only by, a written instrument executed by the party against whom such waiver is sought to be enforced. No waiver of any term of this Agreement by either party shall be deemed to be a further or continuing waiver of any other term of this Agreement.
Appears in 1 contract
Samples: Master Consulting Services Agreement
Amendments and Waiver. This Agreement may be amended or modified by, and only by, by a written instrument executed by all between the parties heretoParties at any time. The terms No waiver of any breach of any provision of this Agreement may shall be waived by, effective or binding unless made in writing and only by, a written instrument executed signed by the party against whom such waiver is sought Party purporting to give the same and, unless otherwise provided in the written waiver, shall be enforcedlimited to the specific breach waived.
Appears in 1 contract
Amendments and Waiver. This Agreement may be amended amended, superseded, canceled, renewed, or modified byextended, and only by, a written instrument executed by all the parties hereto. The their terms of this Agreement or covenants hereof may be waived bywaived, and only by, by a written instrument executed by the party against whom such waiver is sought to be enforcedParties hereto or in the case of a waiver, by the Party waiving compliance.
Appears in 1 contract
Samples: Publishing Agreement
Amendments and Waiver. This Agreement may be amended amended, modified, superseded or modified bycanceled and any of the terms, and only bycovenants, a written instrument executed by all the parties hereto. The terms of this Agreement representations, warranties or conditions hereof may be waived byonly by an instrument in writing signed by each of the parties or, and only byin the case of a waiver, a written instrument executed by or on behalf of the party against whom such waiver is sought waiving compliance. No course of dealing between the parties shall be effective to be enforcedamend or waive any provision of this Agreement.
Appears in 1 contract
Amendments and Waiver. This Agreement may be amended amended, modified or modified by, and supplemented only by, by a written instrument writing executed by all each of the parties heretoparties. The terms Any party may in writing waive any provision of this Agreement may be waived by, and only by, a written instrument executed by to the party against whom extent such waiver provision is sought to be enforced.for the benefit of the waiving
Appears in 1 contract