Common use of Amendments; No Waivers Clause in Contracts

Amendments; No Waivers. (a) Any provision of this Agreement may, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation and the Subsidiary. (b) No failure or delay by any party hereto 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. (ai) Any provision of this Agreement may, subject to applicable law, AGREEMENT may be amended or waived prior to the Effective Time if, and only if, if such amendment or waiver is in writing and signed signed, in the case of an amendment by each Party or in the case of a waiver, by the Corporation and Party against whom the Subsidiarywaiver is to be effective. (bii) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by all of the Corporation and the Subsidiary. (b) Constituent Companies. No failure or delay by any party hereto 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) This Agreement may be amended, modified or supplemented only by a written instrument duly executed by the parties. Any provision of this Agreement may, subject to applicable law, hereof may be amended or waived prior to the Effective Time if, and but only if, such amendment or waiver is in writing and signed by the Corporation and the Subsidiaryparty against whom such waiver is sought to be enforced. (b) No failure or delay by any party hereto 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 and remedies provided by law.

Amendments; No Waivers. (a) Any provision of this This Agreement may, subject to applicable law, may not be amended or terminated, nor any condition or term hereof be waived prior to the Effective Time iforally, and but only if, such amendment or waiver is by an instrument in writing and signed duly executed by the Corporation and parties hereto or, in the Subsidiary. (b) case of a waiver, by the party otherwise entitled to performance. No failure or delay by any either party hereto 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 provisions of this Agreement may, subject to applicable lawApplicable Law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by WIND, the Corporation Company and the Subsidiaryby Merger LLC. (b) No failure or delay by any party hereto 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, subject to applicable law, may be amended or waived prior to the Effective Time if, and only if, such amendment or is in writing and signed by the Company and the Investor. Any provision of this Agreement may be waived if the waiver is in writing and signed by the Corporation and the Subsidiaryparty to be bound. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation ACH LLC, ACH Inc. and the SubsidiaryMerger Sub. (b) No failure or delay by any party hereto 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 maymay be amended, subject to applicable lawsupplemented, be amended or waived prior to the Effective Time if, and only if, such amendment amendment, supplement, or waiver is in writing and signed by the Corporation and the Subsidiaryparties. (b) No Notwithstanding any other section of this Agreement, no failure or delay by any party hereto 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, power or privilege. The rights and remedies herein provided in this Agreement shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation Company and by the SubsidiaryGP, on behalf of the Partnership. (b) No failure or delay by any party hereto 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 Subject to applicable law, any provision of this Agreement may, subject to applicable law, may be amended or waived at any time prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation and the Subsidiaryapplicable Party or Parties. (b) No failure or delay by any party hereto either Party in exercising any right, power or privilege hereunder under this Agreement shall operate as a waiver thereof nor of any such right, power or privilege. Nor shall any single or partial exercise thereof of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided in this Agreement shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by all of the Corporation and the Subsidiary. (b) Parties. No failure or delay by any party hereto 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, subject to applicable law, may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation Buyer and the SubsidiarySeller. (b) No failure or delay by any either party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation and the Subsidiaryby Acquisition. (b) No failure or delay by any party hereto 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, subject to applicable law, (including the annex and Schedules hereto) 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 by all of the Corporation and the Subsidiaryparties hereto. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by all of the Corporation and the SubsidiaryCompanies. (b) No failure or delay by any party hereto 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 provisions of this Agreement may, subject to applicable law, may be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation Company and the SubsidiaryPurchaser, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation and the SubsidiaryParent. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by on behalf of the Corporation and the SubsidiaryLLC. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by each of the Corporation and the Subsidiaryparties hereto. (b) No failure or delay by any party hereto 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. (ai) Any provision of this Agreement may, subject to applicable law, AGREEMENT may be amended or waived prior to the Effective Time if, and only if, if such amendment or waiver is in writing and signed signed, in the case of an amendment by each Party or in the case of a waiver, by the Corporation and Party against whom the Subsidiarywaiver isto be effective. (bii) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation Company and by the SubsidiaryTrust. (b) No failure or delay by any party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation Limited Partnership and the Subsidiary. (b) No failure or delay by any party hereto 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, subject to applicable law, may be amended or waived prior to the Effective Time at any time if, and only if, such amendment or waiver is in writing and signed is executed by the Corporation and the Subsidiaryall Parties hereto. (b) No failure or delay by any party Party hereto 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 preclude other or further exercise thereafter of any right, power or privilege. The rights and remedies herein provided shall be cumulative and not be exclusive of any rights or remedies provided by lawlaw or by any other agreement between the Parties.

Amendments; No Waivers. (a) Any provision of this Agreement may, subject to applicable law, (including the Disclosure Schedules) may be amended or waived prior to the Effective Time if, and only if, such amendment or is in writing and signed by the Purchaser and the Seller. Any provision of this Agreement may be waived if the waiver is in writing and signed by the Corporation and the Subsidiary. (b) party to be bound. No failure or delay by any either party hereto 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 of further exercise thereof or the exercise of any other right, power or privilege. The Except as otherwise expressly provided for herein, 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such the amendment or waiver is in writing and signed by on behalf of each of the Corporation and the Subsidiaryparties. (b) No failure or delay by any party hereto to this Agreement in exercising any right, power or privilege hereunder under this Agreement 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 in this Agreement shall be cumulative and not exclusive of any rights or remedies provided by law.

Amendments; No Waivers. (a) Any provision of this Agreement may, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, such amendment or waiver is in writing and signed by the Corporation ACH LLC and the Subsidiary.by ACH Inc. (b) No failure or delay by any party hereto 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, subject to applicable law, (including the Exhibits and Schedules hereto) 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 by each of the Corporation and the Subsidiary.parties hereto; (b) No failure or delay by any party hereto 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 This Security Agreement or any term or provision hereof may not be amended, changed or modified except with the written consent of this Agreement may, subject to applicable law, the parties hereto. No waiver of any right hereunder shall be amended or waived prior to the Effective Time if, and only if, effective unless such amendment or waiver is signed in writing and signed by the Corporation and the Subsidiaryparty against whom such waiver is sought to be enforced. (b) No failure or delay by any either party hereto 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, subject to applicable law, be amended or waived prior to the Effective Time if, and only if, if such amendment or waiver is in writing and signed by the Corporation Clixtix and the SubsidiaryShareholders intended to be bound thereby. (b) No failure or delay by any party hereto 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. (ai) Any provision of this Agreement may, subject to applicable law, may be amended or waived prior to the Effective Time if, and only if, if such amendment or waiver is in writing and signed signed, in the case of an amendment by each Party or in the case of a waiver, by the Corporation and Party against whom the Subsidiarywaiver is to be effective. (bii) No failure or delay by any party hereto 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, subject to applicable law, may be amended or waived prior to the Effective Time if, and only if, such amendment or is in writing and signed by the Purchaser, Seller, Holdings and the Shareholder. Any provision of this Agreement may be waived if the waiver is in writing and signed by the Corporation and the Subsidiaryparty to be bound. (b) No failure or delay by any either party hereto 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 of 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.