Common use of AMENDMENTS; WAIVERS; REMEDIES Clause in Contracts

AMENDMENTS; WAIVERS; REMEDIES. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Buyer and Seller, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No waiver by either party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No single or partial exercise by either party in exercising any right, power or privilege hereunder shall 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.

Appears in 2 contracts

Samples: Purchase Agreement (Ta Operating Corp), Asset Purchase Agreement (Ta Operating Corp)

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AMENDMENTS; WAIVERS; REMEDIES. (a) 25.1 Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Buyer Franchisee and SellerFranchisor, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) 25.2 No waiver by either party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No single or partial exercise by either party in exercising any right, power or privilege hereunder shall 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 right or remedies provided by law.

Appears in 1 contract

Samples: Franchise Agreement (Ta Operating Corp)

AMENDMENTS; WAIVERS; REMEDIES. (a) Any provision of this Agreement Lease may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Buyer Lessee and Sellerthe Company, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No waiver by either party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No single or partial exercise by either party in exercising any right, power or privilege hereunder shall 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 right or remedies provided by law.

Appears in 1 contract

Samples: Lease Agreement (Ta Operating Corp)

AMENDMENTS; WAIVERS; REMEDIES. (a) 26.01. Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Buyer Franchisee and SellerFranchisor, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) 26.02. No waiver by either party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No single or partial exercise by either party in exercising any right, power or privilege hereunder shall 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 right or remedies provided by law.

Appears in 1 contract

Samples: Franchise Agreement (Ta Operating Corp)

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AMENDMENTS; WAIVERS; REMEDIES. (a) Any provision of this Agreement may be amended or waived if, and only if, such amendment or waiver is in writing and signed, in the case of an amendment, by Buyer and SellerSellers, or in the case of a waiver, by the party against whom the waiver is to be effective. (b) No waiver by either party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent occurrence. No single or partial exercise by either party in exercising any right, power or privilege hereunder shall 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ta Operating Corp)

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