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

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group nor the Purchaser make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group and by the Purchaser. Any waiver by the Purchaser, on the one hand, or the Linsang Group, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the Purchaser, on the one hand, or the Linsang Group, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 4 contracts

Samples: Common Stock Purchase Agreement (Baker Christopher P), Common Stock Purchase Agreement (Baker Christopher P), Common Stock Purchase Agreement (Baker Christopher P)

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Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or other than by an instrument in writing signed by the party to be charged with enforcement and no provision of this Agreement may be amended other than by an instrument in writing signed by the Linsang Group Company and by the Purchaser. Any waiver by the Purchaser, on the one hand, or the Linsang Group, on the other hand, any party of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the Purchaser, on the one hand, or the Linsang Group, on the other hand a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (International Microcomputer Software Inc /Ca/), Securities Purchase Agreement (International Microcomputer Software Inc /Ca/), Securities Purchase Agreement (Microvision Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group and Company and, by the PurchaserPurchasers as provided in Section 8(n) hereof. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Genus Inc), Securities Purchase Agreement (Entremed Inc), Securities Purchase Agreement (Genus Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the ------------------------------------ instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group and by the Purchaserwriting. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Biosource International Inc), Securities Purchase Agreement (Biosource International Inc), Securities Purchase Agreement (Genstar Capital LLC)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of any one or more of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Caminosoft Corp), Securities Purchase Agreement (Caminosoft Corp), Securities Purchase Agreement (Simtek Corp)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group and Company and, by the PurchaserPurchasers as provided in Section 9(l) hereof. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 2 contracts

Samples: Securities Purchase and Registration Agreement (Theglobe Com Inc), Securities Purchase and Registration Agreement (Theglobe Com Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the ------------------------------------ instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser make makes any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the Purchaser. Any waiver by the Purchaser, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the Purchaser, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Identix Inc), Securities Purchase Agreement (Identix Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers as provided in Section 9(n) hereof, to the extent applicable. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall be in writing and shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Precision Optics Corporation Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers as provided in Section 8(m) hereof. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of any one or more of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Recorders Inc)

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Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group and by the PurchaserPurchasers. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang Group, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang Group, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Lmic Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers as provided in Section 8.13 hereof. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Centiv Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers representing at least two-thirds of the aggregate Investment Amounts. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Spatial Technology Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser Purchasers make any representation, warranty, covenant or undertaking with respect to such matters. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the PurchaserPurchasers as provided in Section 8.12 hereof. Any waiver by the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the PurchaserPurchasers, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Centiv Inc)

Entire Agreement; Amendments; Waiver. This Agreement and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Linsang Group Company nor the Purchaser make makes any representation, warranty, covenant or undertaking with respect to such matters. Any previous agreements or understandings between the parties regarding the subject matter hereof are superseded in the entirety by this Agreement. No provision of this Agreement may be waived or amended other than by an instrument in writing signed by the Linsang Group Company and by the Purchaser. Any waiver by the Purchaser, on the one hand, or the Linsang GroupCompany, on the other hand, of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision of or any breach of any other provision of this Agreement. The failure of the Purchaser, on the one hand, or the Linsang GroupCompany, on the other hand to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genta Incorporated /De/)

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