Common use of Benefit and waiver of conditions precedent Clause in Contracts

Benefit and waiver of conditions precedent. (a) The Conditions in clauses 3.1(a), 3.1(b) and 3.1(n) are for the benefit of each party and any breach or non-fulfilment of them may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(c), 3.1(e), 3.1(g), 3.1(l) and 3.1(o) are for the sole benefit of Vocus and any breach or non-fulfilment of them may only be waived by Vocus giving its written consent. (c) The Conditions in clauses 3.1(d), 3.1(f), 3.1(h), 3.1(k) and 3.1(m) are for the sole benefit of M2 and any breach or non-fulfilment of them may only be waived by M2 giving its written consent. (d) A party entitled to waive a Condition pursuant to this clause 3.2 may do so in its absolute discretion subject to the provision of written notice to the other party. Any waiver of a Condition by a party for whose benefit the condition applies must take place on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(i) and 3.1

Appears in 3 contracts

Samples: Merger Implementation Agreement, Merger Implementation Agreement, Merger Implementation Agreement

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Benefit and waiver of conditions precedent. (a) The Conditions in clauses 3.1(a), 3.1(b3.1(k) and 3.1(n3.1(l) are for the benefit of each party and any breach or non-fulfilment of them may only be waived (if capable of waiver) with the written consent of both parties, which consent either party may give or withhold in its absolute discretion. (b) The Conditions in clauses 3.1(b), 3.1(c), 3.1(e), 3.1(g), 3.1(l3.1(f) and 3.1(o3.1(m) are for the sole benefit of Vocus Ebro and any breach or non-fulfilment of them may only be waived by Vocus Ebro giving its written consent. (c) The Conditions in clauses 3.1(d), 3.1(f), 3.1(h), 3.1(k3.1(e) and 3.1(m3.1(g) are for the sole benefit of M2 SunRice and any breach or non-fulfilment of them may only be waived by M2 XxxXxxx giving its written consent. (d) A party entitled to waive a Condition pursuant to this clause 3.2 may do so in its absolute discretion subject to the provision of written notice to the other partydiscretion. Any waiver of a Condition by a party for whose benefit the condition applies must take place on or prior to 8.00am on the Second Court Date. The Conditions in clauses 3.1(h), 3.1(i) and 3.1(j) cannot be waived. (e) If a party waives the breach or non-fulfilment of any of the Conditions in clause 3.1, that waiver will not preclude it from suing the other party for any breach of this agreement including without limitation a breach that resulted in the non-fulfilment of the Condition that was waived.

Appears in 1 contract

Samples: Scheme Implementation Agreement

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