Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Companyall parties hereto, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (b) No waiver by a party of any breach of agreement hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent breach or affect in any way any rights arising by virtue of any prior or subsequent breach. No failure or delay by any a 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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the CompanyWestern and Westar, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom the waiver is to be effective; however. In addition, unless the Merger Agreement shall have been terminated in accordance with its terms, any such amendment or waiver or amendment that is adverse in interest to any member of the Western Group shall be effective against a party only if subject to the board written consent of directors of such party approves such waiver or amendmentParent. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Company and Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided that after the adoption of this Agreement by the stockholders of Company, any waiver or amendment there shall be effective against a party only if made no amendment that by law requires further approval by stockholders without the board of directors further approval of such party approves such waiver or amendment.stockholders (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time Closing if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by each of the Company, Parent and Merger Subsidiary or, parties hereto or in the case of a waiver, by the party against whom the waiver is to be effective; howeverexcept any condition which, if not satisfied, would result in the violation of any waiver Law or amendment shall be effective against applicable governmental regulation, which violation would have a party only if the board of directors of such party approves such waiver HyperFeed Material Adverse Effect or amendmentan Exegy Material Adverse Effect. (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; No Waivers. (a) Any provision of this Agreement ---------------------- may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement any Transaction Document may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Companyeach party to such Transaction Document, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom the waiver is to be effective; however. Notwithstanding the foregoing, any amendment to the Contribution Agreement or any waiver by the Company of any term or amendment shall be effective against a party only if condition of the board Contribution Agreement shall, in either case, require the prior written consent of directors of such party approves such waiver or amendmentGE. (b) No failure or delay by any party in exercising any right, power or privilege hereunder under any Transaction Document shall operate as a waiver thereof of such right, power or privilege nor shall any single or partial exercise thereof of any right, power or privilege preclude any other or further exercise thereof of such right, power or privilege or the exercise of any other right, power or privilege. The rights and remedies herein provided under the Transaction Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Company and Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided that after the adoption of this Agreement by the shareholders of the Company, any waiver or amendment there shall be effective against a party only if made no amendment that by law requires further approval by shareholders without the board of directors further approval of such party approves such waiver or amendmentshareholders. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Company and Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided that after the adoption of this Agreement by the shareholders of Company, any waiver or amendment there shall be effective against a party only if made no amendment that by law requires further approval by shareholders without the board of directors further approval of such party approves such waiver or amendmentshareholders. (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, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided that after the approval of this Agreement by the stockholders of the Company, any waiver or amendment there shall be effective against a party only if made no amendment that by law requires the board further approval of directors the stockholders of such party approves such waiver or amendmentthe Company. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent CytRx and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the CompanyAetna and Spinco, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom the waiver is to be effective; however. In addition, unless the Merger Agreement shall have been terminated in accordance with its terms, any such amendment or waiver or amendment that is adverse in interest to any member of the Aetna Group shall be effective against a party only if subject to the board written consent of directors of such party approves such waiver or amendmentParent. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Penske Corporation and the Company, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom Penske Corporation, if the waiver is to be effective; howevereffective against Penske Corporation, any or by the Company, if the waiver or amendment shall is to be effective against a party only if the board of directors of such party approves such Company. Any amendment or waiver or amendmentby the Company must be authorized by Independent Approval. (b) No failure or delay by any party 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 lawLaw.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the CompanyParent, Parent Merger Subsidiary, MRG and Merger Subsidiary the Company or, in the case of a waiver, by the party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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 lawLaw.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signedand, in the case of an amendment, signed by IPCH, Inergy Holdings, MLP and the CompanyIPCH Stockholders' Representative. Any provision of this Agreement may be amended after the Effective Time if, Parent and Merger Subsidiary oronly if, such amendment is in writing and signed by Inergy Holdings, MLP and the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendmentIPCH Stockholders' Representative. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, each party to this Agreement or in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided that after the adoption of this Agreement by the stockholders of either Amerxx xx CMAC, any waiver or amendment there shall be effective against a party only if the board of directors of made no amendment that by law requires further approval by such party approves stockholders without such waiver or amendmentfurther approval. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; howeverprovided, that any waiver or amendment shall be effective against a party only if the board Board of directors Directors of such party approves such waiver or amendment. (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 lawLaw.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent Tribe and Merger Subsidiary LLC or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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.or

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Merger Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent Pyramid and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party only if the board Board of directors Directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement may be maybe amended or waived prior to the Effective Time Closing Date if, and 22 24 only if, such amendment or waiver is in writing and signed, in the case of an amendment, amendment by the Company, Parent Seller and Merger Subsidiary Buyer or, in the case of a waiver, by the party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement any Transaction Document may be amended or waived prior to the Effective Time Closing Date if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by The Limited, the CompanyCompany and the FS Stockholder, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom the waiver is to be effective; however. After the Closing, except as expressly stated therein, any waiver or amendment shall such Document may be effective against a party amended only if the board of directors of such party approves such waiver or amendmentamendment is in writing and signed by all parties thereto. (b) No failure or delay by any party in exercising any right, power or privilege hereunder under any Transaction Document 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; No Waivers. (a) Any provision of this Agreement ----------------------- may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this ---------------------- Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent and Merger Subsidiary or, in the case of a waiver, by the party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party only if the board of directors of such party approves such waiver or amendment. (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; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by each of the CompanyParties, Parent and Merger Subsidiary or, or in the case of a waiver, by the party against whom Advent, if the waiver is to be effective; howevereffective against any of the Advent Parties, any or by the Company, if the waiver or amendment shall is to be effective against a party only if the board of directors of such party approves such Company. Any amendment or waiver or amendmentby the Company must be authorized by Independent Approval. (b) No failure or delay by any party 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 lawLaw.

Amendments; No Waivers. (a) Any provision of this Agreement may be amended or waived prior to the Reorganization Effective Time if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by the Company, Parent Dome AB, PEDEVCO and Merger Acquisition Subsidiary or, in the case of a waiver, by the party Party against whom the waiver is to be effective; however, provided that any waiver or amendment shall be effective against a party Party only if the board Board of directors Directors of such party Party approves such waiver or amendment. (b) No failure or delay by any party 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.