Merger, Amendment, and Waiver Sample Clauses

Merger, Amendment, and Waiver. This contract contains the entire agreement between Customer- Generator and Rocky Mountain Power and may not be amended or changed except by writing signed by both Customer-Generator and Rocky Mountain Power. No provision of this contract will be deemed to have been waived unless such waiver is contained in a writing signed by the waiving party. No failure by any party to insist upon the strict performance of any provision of this Agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of such provision or of any other provision. No waiver of any provision of this agreement shall be deemed a waiver of any other provision of this Agreement or a waiver of such provision with respect to any subsequent breach, unless expressly provided in writing. In witness whereof, Rocky Mountain Power and Customer-Generator have, by their duly authorized representatives, executed this agreement in duplicate as of the day and year first above written. Customer-Generator Rocky Mountain Power By: By: Title: Generation Facility Owner Title: Signature: Signature: Date: Date: Customer-Generator name: Service address: City, State, Zip: Customer account # and site ID #: Customer phone number(s): Section 1: To be completed by Customer-Generator Section 2: To be completed by Rocky Mountain Power Area Engineer, if required Section 3: To be completed by Rocky Mountain Power Meterman
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Merger, Amendment, and Waiver. This Contract contains all the terms of all
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Merger, Amendment, and Waiver. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. This Agreement may be changed only by written amendment signed by both parties. ODFW’s waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach.
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Merger, Amendment, and Waiver. This Contract contains all the terms of all agreements, oral or written, between the parties, and is the only document containing all such terms. This Contract merges all prior contracts, agreements, and under-standings between Waccamaw and Contractor concerning the scope of work described herein. The Scope of Services described in this Contract, and all other terms of this Contract, shall not be amended or varied except by a written instrument signed by a duly authorized signatory of Waccamaw and Contractor. Forbearance by Waccamaw from enforcing the strict terms of this Contract shall not be a waiver of any other term of this Contract, nor shall such forbearance entitle Contractor to rely upon such forbearance in the event of another similar breach by Contractor of the terms of this Contract. Any variance to the terms of this Contract shall be signed by a duly authorized signatory of each of the parties and attached as an Exhibit hereto, and shall have effect as from the effective date thereof as set forth on such Exhibit.
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Merger, Amendment, and Waiver. This Agreement contains all the terms of all agreements, oral or written, between the parties, and is only document containing all such terms. This Agreement merges all prior contracts, agreements, and understandings between the Parties concerning the scope of services described in Exhibit A, which shall not be amended except by a written instrument signed by a duly authorized signatory of the Church Entity and Contractor. Forbearance by the Church Entity from enforcing the strict terms of this Agreement shall not be a waiver of any other term of this Agreement, nor shall such forbearance entitle Contractor to rely upon such forbearance in the event of another similar breach by Contractor of the terms of this Agreement.
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Merger, Amendment, and Waiver. This Contract contains all the terms of all agreements, oral or written, between the parties, and is the only document containing all such terms. This Contract merges all prior contracts, agreements, and understandings between City and Provider concerning the scope of services described herein. The Scope of Services described in this Contract in Exhibit “A,” attached hereto; the contract provisions for non-federal entities under Federal awards described in Exhibit “C,” attached hereto; and all other terms of this Contract, shall not be amended or varied except by a written instrument signed by a duly authorized signatory of City and Provider. Forbearance by City from enforcing the strict terms of this Contract shall not be a waiver of any other term of this Contract, nor shall such forbearance entitle Provider to rely upon such forbearance in the event of another similar breach by Provider of the terms of this Contract.
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Merger, Amendment, and Waiver. 16.1 This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and the transactions contemplated hereby, and there are no other representations, warranties, agreements, undertakings or conditions, whether written or oral, or whether made by the parties hereto or by their agents, or by persons or entities purporting to be their agents, except as may be contained herein. 16.2 Any of the terms or provisions of this Agreement may be amended, modified or eliminated, and the observance or performance of any term, covenant, condition or provision herein may be omitted or waived (either generally or in a particular instance, and either prospectively or retroactively) only by the written consent or consents of Seller and Buyer. A party hereto may, only by an instrument in writing, waive compliance for its benefit by the other party hereto of any term or provision of this Agreement on the other part of such other party to be performed or complied with. Such waiver by any party hereto of a breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
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Related to Merger, Amendment, and Waiver

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Modification, Amendment and Waiver The authority of the Trustees hereunder to authorize the Trust to enter into contracts or other agreements or arrangements shall include the authority of the Trustees to modify, amend, waive any provision of supplement, assign all or a portion of, novate, or terminate such contracts, agreements or arrangements. The enumeration of any specific contracts in this Section 5.12 shall in no way be deemed to limit the power and authority of the Trustees as otherwise set forth in this Declaration of Trust to authorize the Fund to engage, contract with or make payments to such Persons as the Trustees may deem desirable for the transaction of the business of the Fund.

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • Waiver; Amendment Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided.

  • Amendment, Modification and Waiver This Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • Consent and Waiver The Stockholder hereby gives any consents or waivers that are reasonably required for the consummation of the Merger under the terms of any agreements to which the Stockholder is a party or pursuant to any rights the Stockholder may have.

  • Amendments and Waiver No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived.

  • Modification and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.

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