Amendments; No Waivers; Remedies. 18.1 This Agreement cannot be amended, except by a writing signed by each Party, and cannot be terminated orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the Party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been given. 18.2 Neither any failure or delay in exercising any right or remedy hereunder or in requiring satisfaction of any condition herein nor any course of dealing shall constitute a waiver of or prevent any Party from enforcing any right or remedy or from requiring satisfaction of any condition. No notice to or demand on a Party waives or otherwise affects any obligation of that Party or impairs any right of the Party giving such notice or making such demand, including any right to take any action without notice or demand not otherwise required by this Agreement. No exercise of any right or remedy with respect to a breach of this Agreement shall preclude exercise of any other right or remedy, as appropriate to make the aggrieved Party whole with respect to such breach, or subsequent exercise of any right or remedy with respect to any other breach. 18.3 Except as otherwise expressly provided herein, no statement herein of any right or remedy shall impair any other right or remedy stated herein or that otherwise may be available.
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Samples: Escrow Agreement (Global Consumer Acquisition Corp)
Amendments; No Waivers; Remedies. 18.1 (a) This Agreement cannot be amended, supplemented or modified, except by a writing signed by each Party, of the Purchaser Parties (prior to the Reincorporation Effective Time) and the Company and cannot be terminated amended, supplemented or modified orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the Party party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been given.
18.2 (b) Neither any failure or delay in exercising any right or remedy hereunder or in requiring satisfaction of any condition herein nor any course of dealing shall constitute a waiver of or prevent any Party party from enforcing any right or remedy or from requiring satisfaction of any condition. No notice to or demand on a Party party waives or otherwise affects any obligation of that Party party or impairs any right of the Party party giving such notice or making such demand, including any right to take any action without notice or demand not otherwise required by this Agreement. No exercise of any right or remedy with respect to a breach of this Agreement shall preclude exercise of any other right or remedy, as appropriate to make the aggrieved Party party whole with respect to such breach, or subsequent exercise of any right or remedy with respect to any other breach.
18.3 Except as otherwise expressly provided herein, no statement herein of any right or remedy shall impair any other right or remedy stated herein or that otherwise may be available.
Appears in 1 contract
Samples: Business Combination Agreement (Ace Global Business Acquisition LTD)
Amendments; No Waivers; Remedies. 18.1 (a) This Agreement cannot be amended, supplemented or modified, except by a writing signed by each Partyof the Purchaser Parties (prior to the Reincorporation Effective Time), the Company and the Shareholders’ Representative and cannot be terminated amended, supplemented or modified orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the Party party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been given.
18.2 (b) Neither any failure or delay in exercising any right or remedy hereunder or in requiring satisfaction of any condition herein nor any course of dealing shall constitute a waiver of or prevent any Party party from enforcing any right or remedy or from requiring satisfaction of any condition. No notice to or demand on a Party party waives or otherwise affects any obligation of that Party party or impairs any right of the Party party giving such notice or making such demand, including any right to take any action without notice or demand not otherwise required by this Agreement. No exercise of any right or remedy with respect to a breach of this Agreement shall preclude exercise of any other right or remedy, as appropriate to make the aggrieved Party party whole with respect to such breach, or subsequent exercise of any right or remedy with respect to any other breach.
18.3 Except as otherwise expressly provided herein, no statement herein of any right or remedy shall impair any other right or remedy stated herein or that otherwise may be available.
Appears in 1 contract
Amendments; No Waivers; Remedies. 18.1 (i) This Agreement cannot be amended, except by a writing signed by each Partyof the parties hereto, and cannot be terminated orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the Party party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been givengiven (unless such waiver otherwise provides).
18.2 (ii) Neither any failure or delay in exercising any right or remedy hereunder or in requiring satisfaction of any condition herein nor any course of dealing shall constitute a waiver of or prevent any Party party from enforcing any right or remedy or from requiring satisfaction of any condition. No notice to or demand on a Party party waives or otherwise affects any obligation of that Party party or impairs any right of the Party party giving such notice or making such demand, including any right to take any action without notice or demand not otherwise required by this Agreement. No exercise of any right or remedy with respect to a breach of this Agreement shall preclude exercise of any other right or remedy, as appropriate to make the aggrieved Party party whole with respect to such breach, or subsequent exercise of any right or remedy with respect to any other breach.
18.3 Except as otherwise expressly provided herein, no statement herein of any right or remedy shall impair any other right or remedy stated herein or that otherwise may be available..
Appears in 1 contract
Amendments; No Waivers; Remedies. 18.1 This Agreement cannot be amended, except by a writing signed by each Partyparty, and cannot be terminated orally or by course of conduct. No provision hereof can be waived.
(a) At any time prior to the Effective Time, any party may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of any other party hereto, (b) extend the time for the performance of any of the obligations or acts of any other party hereto or (c) waive compliance by the other party with any of the agreements contained herein or, except by a writing signed by as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the Party against whom such waiver is to be enforcedforegoing, and any such waiver shall apply only in the particular instance in which such waiver shall have been given.
18.2 Neither any no failure or delay by any party in exercising any right or remedy hereunder or in requiring satisfaction of any condition herein hereunder, nor any course of dealing dealing, shall constitute operate as a waiver of thereof nor shall any single or prevent partial exercise thereof preclude any Party from enforcing any right other or remedy further exercise thereof or from requiring satisfaction the exercise of any conditionother right hereunder. No notice Any agreement on the part of a party hereto to any such extension or demand waiver shall be valid only if set forth in an instrument in writing signed on a Party waives or otherwise affects any obligation of that Party or impairs any right behalf of the Party giving such notice party or making such demand, including any right parties to take any action without notice or demand not otherwise required by this Agreement. be bound thereby.
(b) No exercise of any right or remedy with respect to a breach of this Agreement shall preclude exercise of any other right or remedy, as appropriate to make the aggrieved Party party whole with respect to such breach, or subsequent exercise of any right or remedy with respect to any other breach.
18.3 Except as otherwise expressly provided herein, no statement herein of any right or remedy shall impair any other right or remedy stated herein or that otherwise may be available.
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