Common use of Extension of Time; Waiver Clause in Contracts

Extension of Time; Waiver. At any time prior to the Closing, Purchaser, on the one hand, and the Shareholders’ Representative, on behalf of the Shareholders, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the ClosingEffective Time, PurchaserLodgeNet, on the one hand, and the Shareholders’ Representative, on behalf CGC and a majority in interest of the ShareholdersSecurityholders, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, andor (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the Closing, Purchaser, on the one hand, and the Shareholders’ Representative, on behalf of Companies and the Shareholders, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the ClosingEffective Time, PurchaserParent and Merger Sub, on the one hand, and the Shareholders’ Representative, on behalf of the ShareholdersCompany, on the other hand, may, but shall not be required, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall will operate as a waiver thereof nor shall will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. . (d) Any agreement on the part of any party hereto to any such extension or waiver shall will be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the ClosingEffective Time, PurchaserMeadowbrook and Interset, on the one hand, and the Shareholders’ Representative, on behalf of the ShareholdersCompany, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained hereinherein except the conditions set forth in Sections 10.3(a) and 10.3(b) hereof; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the Closing, ------------------------- Purchaser, on the one hand, and the Company and the Shareholders’ ' Representative, on behalf of the Shareholders, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the ClosingEffective Time, Purchaser------------------------- Incyte and Merger Subsidiary, on the one hand, and the Shareholders’ Representative, on behalf of the ShareholdersCompany, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto, (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.

Extension of Time; Waiver. At any time prior to the ClosingEffective Time, PurchaserParent and Merger Subsidiary, on the one hand, and the Shareholders’ Representative, on behalf of the ShareholdersCompany, on the other hand, may, to the extent legally allowed: (a) Extend the time for the performance of any of the obligations or other acts of the other party hereto,; (b) Waive any inaccuracies in the representations and warranties made to such party contained herein or in any document delivered pursuant hereto, ; and (c) Waive compliance with any of the agreements or conditions for the benefit of such party contained herein; provided, that no failure or delay by any party hereto in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. . (d) Any agreement on the part of any party hereto to any such extension or waiver shall be valid if set forth in an instrument in writing signed on behalf of such party.