Common use of Extension; Waiver; Remedies Clause in Contracts

Extension; Waiver; Remedies. At any time prior to the Effective Time, each party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein by any other applicable party or in any document, certificate or writing delivered pursuant hereto by any other applicable party or (c) waive compliance by any party with any of the agreements or conditions contained herein. Any agreement on the part of any party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Durata Therapeutics, Inc.), Merger Agreement (News Corp), Merger Agreement (Move Inc)

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Extension; Waiver; Remedies. At To the extent permitted by applicable Law, at any time prior to the Effective Time, each party hereto may (ai) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (bii) waive any inaccuracies in the representations and warranties contained herein by any other applicable party or in any document, certificate or writing delivered pursuant hereto by any other applicable party or (ciii) waive compliance by any party with any of the agreements or conditions contained herein. Any agreement on the part of any party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Merger Agreement (Endo Pharmaceuticals Holdings Inc), Merger Agreement (American Medical Systems Holdings Inc)

Extension; Waiver; Remedies. At any time prior to the Effective Time, each party hereto may (a) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein by any other applicable party or in any document, certificate or writing delivered pursuant hereto by any other applicable party or (c) waive compliance by any party with any of the agreements or conditions contained herein. Any agreement on the part of any party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure or delay of any party to this Agreement to assert any of its rights rights, powers or privileges under this Agreement or otherwise shall not constitute a waiver of such rights, powers or privileges.

Appears in 2 contracts

Samples: Merger Agreement (Zeneca, Inc.), Merger Agreement (ZS Pharma, Inc.)

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Extension; Waiver; Remedies. At any time prior to the Effective Time, each party hereto hereto, by action taken by or on behalf of its Board of Directors, subject in the case of the Company to Section 1.04(b), may (ai) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (bii) waive as to itself any inaccuracies in the representations and warranties contained herein by any other applicable party or in any document, certificate or writing delivered pursuant hereto by any other applicable party or (ciii) waive as to itself compliance by any other party with any of the agreements or conditions contained herein. Any agreement on the part of any party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Appears in 2 contracts

Samples: Merger Agreement (Crowley Maritime Corp), Merger Agreement (Marine Transport Corp)

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