Common use of Amendments, Modification and Waiver Clause in Contracts

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, if such amendment or waiver is in writing and signed, in the case of an amendment, by the Company and the Major Investors, in the case of a waiver, by the party against whom the waiver is to be effective; PROVIDED that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Company Board. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties hereto, if by action taken by or authorized by their respective Board of Directors, prior to the Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company Signature, Merger Sub and the Major InvestorsEnsysce or, in the case of a waiver, by the party against whom the waiver is to be effective; PROVIDED that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Company Board. (ba) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modification and Waiver. (a) Except as may otherwise be provided herein, any provision of this Agreement may be amended, modified or waived by the parties heretohereto prior to the Closing if, if and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company Company, Buyer, Merger Subsidiary and the Major InvestorsShareholders and, in the case of a waiver, by the party against whom the waiver is to be effective; PROVIDED that no such amendment, modification or waiver by the Company shall be effective unless it is authorized by the Company Board. (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by lawLaw.

Amendments, Modification and Waiver. (a) Except This Agreement, including the exhibits and schedules hereto, and the terms and provisions hereof and thereof, may not be modified, waived or amended except (a) as may otherwise be provided herein, any provision of this Agreement may be amended, modified in Section 5.10 or waived (b) by an instrument or instruments in writing signed by the parties hereto, if party against whom enforcement of any such modification or amendment or waiver is in writing and signed, in the case of an amendment, by the Company and the Major Investorssought (or, in the case of a waiver, by the party against whom intended beneficiary of the waiver is to be effective; PROVIDED that no such amendment, modification waived term or waiver by the Company shall be effective unless it is authorized by the Company Boardprovision). (b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.