Amendments; Waivers; Severability. No amendment, modification, or waiver of any provision of this Agreement shall be binding unless in writing and signed by the party against whom the operation of such amendment, modification, or waiver is sought to be enforced. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity of continuing force and effect of any other provision. The failure of the Company to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Agreement, or to exercise and right herein, shall not be construed as a waiver or relinquishment of such term, covenant or right with respect to past or further performance.
Appears in 4 contracts
Samples: Placement Agreement, Substitute Placement Agreement, Substitute Placement Agreement
