Exclusivity Waiver Sample Clauses

Exclusivity Waiver. Anesta and Eurand hereby agree to waive any period of regulatory exclusivity to the extent such exclusivity would preclude or impede the launch of the Impax ANDA Product as of the License Effective Date. Anesta and Eurand agree to provide reasonable cooperation to Impax in connection with such waiver, including by submitting a mutually agreeable notice to FDA of the existence of such waiver and not opposing the approval of Impax ANDA Product effective as of the License Effective Date based on any applicable regulatory exclusivity in force at the time. Such notice will be delivered by Anesta to FDA within five (5) business days of receipt of written request from Impax. For purposes of clarity, nothing in this Section 3.3 is intended to or does accelerate the License Effective Date as determined under Section 3.2.
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Exclusivity Waiver. Provided each Transaction occurs prior to the applicable Transaction Date then: (i) effective only upon the closing of the initial Transaction by Residential of properties contained in the Seller Property Portfolio, (ii) subject to the terms and conditions set forth in this Amendment and Waiver Agreement, (iii) solely with respect to each property contained in the Seller Property Portfolio, for each Transaction and (iv) solely to the extent required as a condition to Residential obtaining the Seller Property Portfolio Financing, Altisource hereby waives the provisions of Section 8.1 of the Agreement; provided, however, such waiver is expressly limited to: (x) only the provision of the MSR Property Management Services solely on the properties contained in the MSR Property Portfolio by Main Street Renewal for the Transactions only pursuant to the applicable MSR Property Portfolio Services Agreement and (y) only being effective during the Waiver Term (the "Exclusivity Waiver"). Subject in each case to the terms and conditions of Section 4.2 below, immediately following the end of the Waiver Term for the applicable portion of the Seller Property Portfolio, the Exclusivity Waiver expires and is of no further force or effect and all MSR Property Management Services provided by Main Street Renewal with respect to the relevant Seller Property Portfolio assets shall immediately transfer to Altisource and its Affiliates, as applicable, and such Services will then be provided by Altisource pursuant to the terms and conditions of the Collective Agreements. Notwithstanding the preceding sentence, during or at the end of the term of the Seller Property Portfolio Financing, if Residential is able to refinance the Seller Property Portfolio at a materially better interest rate only by and if Residential agrees to retain a property manager other than Altisource as a condition of the materially better interest rate, then the waiver provided by this Section 4.1 may be extended at the election of Residential on a one-time basis, on the same terms as set forth herein. At all times before and during the refinancing, Residential will use its best efforts to assist Altisource in becoming approved by the refinancing lender to become the exclusive property manager of the Seller Property Portfolio. During the initial thirty six month period of the refinancing that Altisource is not the exclusive property manager of the Seller Property Portfolio, Residential will pay to Altisource a m...
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Exclusivity Waiver. The term “Exclusivity Waiver” means the limited waiver granted pursuant to the Amendment and Waiver Agreement of the provisions of
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Exclusivity Waiver. If the Story is selected for inclusion in a “best of the year” anthology (“Best of the Year Anthology”) and the Author agrees to said offer of publication, the Publisher agrees to waive the Exclusivity Period clause above, provided the Author gives the Publisher prior written notice of such selection.
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Exclusivity Waiver. The term “Exclusivity Waiver” means the limited waiver granted pursuant to the Amendment and Waiver Agreement of the provisions of Section 8.1 of the Agreement solely with respect to and for the limited purpose of Residential entering into the MSR Property Portfolio Services Agreement and the provision of the MSR Property Management Services to Residential directly by Main Street Renewal for each property contained in the Seller Property Portfolio until the end of the Waiver Term solely to the extent required as a necessary condition to Residential obtaining the Seller Property Portfolio Financing as more fully set forth in Section 4.1 of the Amendment and Waiver Agreement.
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Exclusivity Waiver. The following provision is added to the end of Section 4.3 of the Agreement:
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Related to Exclusivity Waiver

  • Activity Waiver On an on-going basis, the Institution and/or the Manager arranges a number of social, sporting and other activities for residents of the Residence, both in the Residence building and at other on-campus and off-campus locations (individually, an “Activity” and collectively, the “Activities”). Activities may have inherent risks associated with participation in them. Participation in all Activities is completely voluntary and the Resident may elect not to participate in any Activity. The Resident specifically acknowledges that in the event that the Resident elects to participate in any Activity, (i) the Resident is warned that participation in the Activity may involve certain inherent risks, including, without limitation, risks of physical injury, (ii) the Resident has voluntarily elected to participate in the Activity notwithstanding those risks. The Resident acknowledges and assumes all risks of personal injury and all other hazards (i) arising from or related in any way to participation in an Activity, (ii) arising or resulting from any cause whatsoever (including risks inherent in the Activity and negligence), and (iii) whether occurring prior to, during or after the Activity and the Resident agrees that the Institution and the Manager and each of their respective officers, directors, shareholders, employees and agents (as applicable) are expressly released and forever discharged by the Resident from all claims of any nature or kind whatsoever (i) arising from or relating to the Resident’s participation in an Activity, (ii) arising or resulting from any cause whatsoever (including risks inherent in the Activity and negligence), and (iii) whether occurring prior to, during or after the Activity.

  • Xx Waiver The failure of any Party to insist upon or enforce strict performance by any other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather the same shall be and remain in full force and effect.

  • Severability; Waiver; and Survival (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions will not in any way be affected or impaired. (b) Except as otherwise provided herein, no failure or delay on the part of either party in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. No waiver by a party of any provision of this Agreement, or waiver of any breach or default, is effective unless it is in writing and signed by the party against whom the waiver is to be enforced. (c) The parties’ rights, protections, and remedies under this Agreement shall survive its termination.

  • F2 Waiver The failure of either Party to insist upon strict performance of any provision of the Contract, or the failure of either Party to exercise, or any delay in exercising, any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by the Contract.

  • Severability; Waiver In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

  • Breach Waiver Any waiver by the Client of a breach of any section of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.

  • DTPA Waiver PURSUANT TO SECTION 17.42 OF THE TEXAS BUSINESS AND COMMERCE CODE, TENANT WAIVES ALL PROVISIONS OF SUBCHAPTER E OF CHAPTER 17 OF SUCH CODE (OTHER THAN SECTION 17.555) (THE “DTPA”) WITH RESPECT TO THIS LEASE. TO INDUCE LANDLORD TO ENTER INTO THIS LEASE, TENANT REPRESENTS AND WARRANTS: (A) TENANT IS REPRESENTED BY LEGAL COUNSEL OF ITS OWN CHOICE AND DESIGNATION IN CONNECTION WITH THE TRANSACTION CONTEMPLATED BY THIS LEASE; (B) TENANT’S COUNSEL WAS NOT DIRECTLY OR INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY LANDLORD OR AN AGENT OF LANDLORD; (C) TENANT IS LEASING THE PREMISES FOR BUSINESS OR COMMERCIAL PURPOSES, NOT FOR USE AS TENANT’S RESIDENCE; (D) TENANT HAS SUFFICIENT KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS AND IT CAN EVALUATE THE MERITS AND RISKS OF THIS LEASE; (E) TENANT IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO LANDLORD WITH RESPECT TO THIS LEASE; (F) TENANT HAS A CHOICE OTHER THAN TO ENTER INTO THIS LEASE WITH THIS DTPA WAIVER PROVISION, IN THAT IT CAN ENTER INTO A LEASE AGREEMENT WITH ANOTHER LANDLORD OR PAY MORE CONSIDERATION TO ENTER INTO THIS LEASE WITHOUT THIS DTPA WAIVER PROVISION; (G) TENANT IS KNOWINGLY AND VOLUNTARILY AGREEING TO THIS DTPA WAIVER PROVISION AND CONSIDERS IT BINDING AND ENFORCEABLE; AND (H) TENANT ACKNOWLEDGES THAT LANDLORD WOULD NOT ENTER INTO THIS LEASE FOR THE SAME CONSIDERATION OR UPON THE SAME TERMS BUT FOR THE INCLUSION OF THIS DTPA WAIVER PROVISION IN THIS LEASE.

  • Non-Waiver The failure of a party to insist upon strict performance of any provision of this Agreement or to exercise any right arising out of this Agreement shall neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. Any waiver by a party of a particular provision or right shall be in writing, shall be as to a particular matter and, if applicable, for a particular period of time and shall be signed by such party.

  • Section 1542 Waiver In giving the general release herein, which includes claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any other jurisdiction of similar effect with respect to my release of claims, including but not limited to any unknown or unsuspected claims herein.

  • Non-Waiver of Breach The waiver by any party hereto of the other party’s prompt and complete performance, or breach or violation, of any term or provision of this Agreement shall be effected solely in a writing signed by such party, and shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any party hereto to exercise any right or remedy which he or it may possess shall not operate nor be construed as the waiver of such right or remedy by such party, or as a bar to the exercise of such right or remedy by such party, upon the occurrence of any subsequent breach or violation.

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