Common use of Entire Agreement; Amendment; Waiver Clause in Contracts

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 47 contracts

Samples: Grant Award Agreement, Grant Award Agreement, Grant Award Agreement

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Entire Agreement; Amendment; Waiver. (a) This Agreement embodies together with the entire Schedules and Exhibits hereto and the other agreements and documents delivered, or to be delivered, pursuant to Section 7.1 and Section 7.2 (all of which are hereby incorporated herein by reference) embody the whole agreement of the parties hereto with respect to the subject matter hereof. There hereof and thereof, and there are no provisionspromises, terms, conditions, or obligations other than those contained in this herein and therein. All previous negotiations between the parties, either verbal or written, not herein contained are hereby withdrawn and annulled. This Agreement; , together with the Schedules and this Agreement Exhibits hereto, supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will parties hereto with respect to the subject matter hereof. (b) This Agreement may not be effective unless reduced to writing and signed amended except by an authorized officer instrument in writing signed on behalf of Grantee and the authorized officer each party hereto. (c) No provision of Triumph. No this Agreement may be waived unless such waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth is in writing and signed by the party so waivingagainst whom the waiver is to be effective. No waiver by any party hereto of any provision of this Agreement in a particular instance shall operate or be construed as deemed to constitute a waiver of such provision thereafter unless otherwise agreed in respect of any failure, breach or default not expressly identified writing and signed by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. the party against whom the waiver is to be effective. (d) No failure to exercise, or delay by any party in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Samples: Asset Purchase and Sale Agreement, Purchase Agreement (Stonemor Partners Lp), Asset Purchase Agreement (Stonemor Partners Lp)

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations Company and Triumph other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesCompany and Triumph. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Company and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Samples: Grant Agreement, Grant Award Agreement, Grant Award Agreement

Entire Agreement; Amendment; Waiver. (a) This Agreement embodies together with the entire Schedules and Exhibits hereto and the other agreements and documents delivered, or to be delivered, pursuant to Section 7.1 and Section 7.2 (all of which are hereby incorporated herein by reference) embody the whole agreement of the parties hereto with respect to the subject matter hereof. There hereof and thereof, and there are no provisionspromises, terms, conditions, or obligations other than those contained in this herein and therein. All previous negotiations between the parties, either verbal or written, not herein contained are hereby withdrawn and annulled. This Agreement; , together with the Schedules and this Agreement Exhibits hereto, supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will parties hereto with respect to the subject matter hereof. (b) This Agreement may not be effective unless reduced to writing and signed amended or modified except by an authorized officer instrument in writing signed on behalf of Grantee and the authorized officer each party hereto. (c) No provision of Triumph. No this Agreement may be waived unless such waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth is in writing and signed by the party so waivingagainst whom the waiver is to be effective. No waiver by any party hereto of any provision of this Agreement in a particular instance shall operate or be construed as deemed to constitute a waiver of such provision thereafter unless otherwise agreed in respect of any failure, breach or default not expressly identified writing and signed by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. the party against whom the waiver is to be effective. (d) No failure to exercise, or delay by any party in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement (Stonemor Partners Lp), Asset Purchase Agreement (Stonemor Partners Lp)

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphDEO. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Samples: Agreement Between Careersource North Florida and the Florida Department of Economic Opportunity, Funding Agreement, Funding Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee SRC and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Grant Award Agreement, Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee FSU and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.or

Appears in 2 contracts

Samples: Grant Award Agreement, Grant Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee WCSO and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Grant Award Agreement, Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer agent of TriumphDEO. No waiver by a party hereto Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Florida Job Growth Infrastructure Grant Agreement, Florida Job Growth Infrastructure Grant Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphDEO. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.. IN WITNESS HEREOF, by signature below, the Parties acknowledge they have read this Agreement and the attachments hereto, understand each section and paragraph, agreed to abide by the terms of this Agreement, and intend that this Agreement become effective as described above. DEPARTMENT OF ECONOMIC OPPORTUNITY EXHIBIT A AUDIT REQUIREMENTS

Appears in 2 contracts

Samples: Subrecipient Agreement, Subrecipient Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphCommerce. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Samples: Grant Agreement, Subrecipient Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphDEO. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.. IN WITNESS HEREOF, by signature below, the Parties acknowledge they have read this Agreement and the attachments hereto, understand each section and paragraph, agreed to abide by the terms of this Agreement, and intend that this Agreement become effective as described above. DEPARTMENT OF ECONOMIC OPPORTUNITY [Chief Local Elected Official] EXHIBIT A AUDIT REQUIREMENTS

Appears in 2 contracts

Samples: Agreement Between Deo and LWDB, Agreement Between Deo and LWDB

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee WCSB and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Samples: Grant Award Agreement, Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.Agreement

Appears in 2 contracts

Samples: Grant Award Agreement, Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.the

Appears in 1 contract

Samples: Grant Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.shall

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee SBEC and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the QTI Business and the authorized officer agent of TriumphDSBD. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Qualified Target Industry Tax Refund Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the City, an authorized officer of ESG, and the an authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee FCSB and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.or

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No Excluding the specific provisions of Section 24, MODIFICATIONS, hereinabove allowing Commerce in Commerce’s sole and absolute determination to make unilateral changes to this Agreement, no amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer agent of TriumphCommerce. No waiver by a party hereto Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Florida Job Growth Infrastructure Grant Agreement

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Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee Okaloosa County and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies letter agreement constitutes the entire agreement of agreement, and supersedes all other prior agreements and understandings, both written and oral, among the parties hereto and their Affiliates, or any of them, with respect to the subject matter hereof. There are no provisionsThis letter agreement may be changed, termsmodified or amended, conditionsand the provisions and terms hereof may be waived, or obligations other than those contained the time for its performance extended, only by instrument in writing signed by each of the parties hereto, or, in the case of a waiver, by the party waiving compliance with such provision or term. Any change or modification to this Agreement; letter agreement shall be null and void, unless made by written amendment to this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing letter agreement and signed by each of the parties hereto. Any waiver of any provision or term of this letter agreement, or any extension in time for performance of such provision or term, shall be validly and sufficiently authorized for the purposes of this letter agreement if, as to any party, it is authorized in writing by an authorized officer Representative of Grantee and the authorized officer of Triumphsuch party. No waiver by a party hereto delay on the part of any of the provisions hereof shall be effective unless explicitly set forth party in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other such right, remedy, power or privilege. No waiver of any breach of this letter agreement shall be held to constitute a waiver of any preceding or subsequent breach.

Appears in 1 contract

Samples: Transaction Matters Letter Agreement (Sirius International Insurance Group, Ltd.)

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations Company and Triumph other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesCompany and Triumph. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Company and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not DocuSign Envelope ID: 30DC2D73-F0FF-49E9-B371-659018B68024 expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee BCSB and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. (i) This Agreement embodies and the Stipulation of Settlement, together with the schedules and exhibits hereto and thereto, contain the entire agreement and understanding of the parties hereto Parties with respect to the subject matter hereof. There are no provisionshereof and thereof and supersedes any and all prior and contemporaneous agreements, termsmemoranda, conditionsarrangements and understandings, both written and oral, among the Parties, or obligations other than those contained any of them, with respect to the subject matter hereof and thereof. (ii) This Agreement may be amended only by an agreement in writing executed by each of the Parties. (iii) No waiver of compliance with any provision or condition of this Agreement and no consent provided for in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed evidenced by a written instrument executed by the party so waiving. No Party against whom such waiver by any party hereto shall operate or consent is to be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waivereffective. No failure to exercise, or delay by a Party in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; , nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilegeprivilege hereunder.

Appears in 1 contract

Samples: Governance Agreement (Medley Capital Corp)

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations Obligors and Triumph other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesObligors and Triumph. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Company, the Principal, and the an authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphDEO. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege. IN WITNESS HEREOF, by signature below, the Parties acknowledge they have read this Agreement and the attachments hereto, understand each section and paragraph, agreed to abide by the terms of this Agreement, and intend that this Agreement become effective as described above.

Appears in 1 contract

Samples: Subrecipient Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No Excluding the specific provisions of Section 24, MODIFICATIONS, hereinabove allowing DEO in DEO’s sole and absolute determination to make unilateral changes to this Agreement, no amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer agent of TriumphDEO. No waiver by a party hereto Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Florida Job Growth Infrastructure Grant Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; , and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesParties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Board and the authorized officer agent of TriumphDEO. No waiver by a party hereto any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No waiver by any party hereto Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.. IN WITNESS HEREOF, by signature below, the Parties acknowledge they have read this Agreement and the attachments hereto, understand each section and paragraph, agreed to abide by the terms of this Agreement, and intend that this Agreement become effective as described above. DEPARTMENT OF ECONOMIC OPPORTUNITY

Appears in 1 contract

Samples: Subrecipient Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee GCSD and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies represents the entire understanding and agreement of between the parties Parties hereto with respect to the subject matter hereof. There are no provisionsNothing expressed or implied in this Agreement is intended or shall be construed so as to grant or confer on any person, terms, conditions, firm or obligations corporation other than those contained in this Agreement; the Parties hereto, any rights or privileges hereunder. This Agreement can be amended, supplemented or changed, and any provision hereof can be waived, only by written instrument making specific reference to this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingParty against whom enforcement of any such amendment, supplement, modification or waiver is sought. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the Party taking such action of compliance with any agreement contained herein. The waiver by any party Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a further or continuing waiver in respect of such breach or as a waiver of any failure, breach other or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiversubsequent breach. No failure on the part of any Party to exercise, or and no delay in exercising, any right, remedy, power or privilege arising from this Agreement remedy hereunder shall operate or be construed as a waiver thereof; , nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder remedy by such Party preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilegeremedy.

Appears in 1 contract

Samples: Right of First Offer Agreement (Centogene N.V.)

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the County and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.single

Appears in 1 contract

Samples: Grant Award Agreement

Entire Agreement; Amendment; Waiver. This Agreement embodies the entire agreement of the parties hereto with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations Guarantor and Triumph other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the partiesGuarantor and Triumph. No amendment will be effective unless reduced to writing and signed by an authorized officer of Grantee the Guarantor and the authorized officer of Triumph. No waiver by a party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party hereto shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Samples: Grant Award Agreement

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