Common use of Amendments; Waiver and Release Clause in Contracts

Amendments; Waiver and Release. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by the party to be bound by such modification or amendment. The failure of any party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms.

Appears in 8 contracts

Samples: Employment Agreement (Hughes Communications, Inc.), Employment Agreement (Hughes Communications, Inc.), Employment Agreement (Hughes Communications, Inc.)

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Amendments; Waiver and Release. The terms and provisions of this Agreement may not be modified or amended, nor may any of the provisions hereof be waived, temporarily or permanently, except pursuant to a written instrument executed by each party hereto. No failure by any party hereto to insist upon the party to be bound by such modification or amendment. The failure strict performance of any party to enforce any of the provisions covenant, duty, agreement or condition of this Agreement Agreement, or to exercise any right or remedy consequent upon a breach hereof, shall in no way be construed as constitute a waiver of any such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its termsbreach or any other covenant, duty, agreement or condition hereof.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Apollo Management v Lp), Purchase and Sale Agreement (Third Point LLC)

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