Common use of Modification, Amendment and Waiver Clause in Contracts

Modification, Amendment and Waiver. No modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the party to be bound thereby. A waiver of any provision of this Agreement by either party shall not be construed as a waiver of a subsequent breach or failure of the same provision, or a waiver of any other provision.

Appears in 7 contracts

Samples: Letter Agreement, Employment Agreement (Catalog Resources, Inc.), Employment Agreement (Catalog Resources, Inc.)

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Modification, Amendment and Waiver. This Agreement may not be modified unless such modification is in writing and signed by all parties hereto. No modification, amendment or waiver of any of the provisions term of this Agreement shall be effective enforceable unless in writing and signed by the party against which it is sought to be bound therebyenforced. A The waiver by any party of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Mdi, Inc.), Stock Purchase Agreement (Mdi, Inc.)

Modification, Amendment and Waiver. This Agreement may not be modified unless such modification is in writing and signed by all parties hereto. No modification, amendment or waiver of any of the provisions term of this Agreement shall be effective enforceable unless in writing and signed by the party against which it is sought to be bound therebyenforced. A The waiver by any party of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any other provisionby such party.

Appears in 2 contracts

Samples: Stock Purchase Agreement (American Dental Technologies Inc), Stock Purchase Agreement (Ultrak Inc)

Modification, Amendment and Waiver. No modification, modification or amendment or waiver of any provision of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall be effective unless in writing and signed by the party to be bound thereby. A waiver of any provision of this Agreement by either party shall not no way be construed as a waiver of a subsequent breach or failure such provisions and shall not affect the right of the same provision, or a waiver of any other provision.either party thereafter to enforce each and every provision hereof in accordance with its terms. Exhibit 10.49

Appears in 1 contract

Samples: Employment Agreement (Nextcard Inc)

Modification, Amendment and Waiver. This Agreement may not be modified unless such modification is in writing and signed by both parties hereto. No modification, amendment or waiver of any of the provisions term of this Agreement shall be effective enforceable unless in writing and signed by the party against which it is sought to be bound therebyenforced. A The waiver by any party of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 1 contract

Samples: Stock Sale Agreement (Ultrak Inc)

Modification, Amendment and Waiver. This Agreement may not be modified unless such modification is in writing and signed by all parties hereto. No modification, amendment or waiver of any of the provisions term of this Agreement shall be effective enforceable unless in writing and signed by the party against which it is sought to be bound therebychanged. A The waiver by any party of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ultrak Inc)

Modification, Amendment and Waiver. No modification, amendment This Agreement may not be changed or waiver of any of the provisions of this Agreement shall be effective unless part waived except in writing and signed by the party Parties. The failure to be bound thereby. A waiver of enforce any provision of this Agreement by either party Party shall not be construed as constitute a waiver of a subsequent breach thereof or failure of the same provision, or a waiver of any other provision.

Appears in 1 contract

Samples: Mentor Program Agreement

Modification, Amendment and Waiver. No change, modification, or amendment or waiver of any of the provisions of this Agreement shall be effective valid or binding upon the parties hereto unless such change, modification or amendment shall be in writing and signed by all the parties hereto. No waiver of any term or condition of this Agreement shall be enforceable unless it shall be in writing signed by the party against which it is sought to be bound therebychanged. A The waiver by any party of a breach of any provision of this Agreement by either party any other shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ultrak Inc)

Modification, Amendment and Waiver. No modification, modification or amendment or waiver of any provision of this Agreement shall be effective unless approved in writing by both parties. The failure at any time to enforce any of the provisions of this Agreement shall be effective unless in writing and signed by the party to be bound thereby. A waiver of any provision of this Agreement by either party shall not no way be construed as a waiver of a subsequent breach or failure such provisions and shall not affect the right of the same provision, or a waiver of any other provisioneither party thereafter to enforce each and every provision hereof in accordance with its terms.

Appears in 1 contract

Samples: Employment Agreement (Nextcard Inc)

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Modification, Amendment and Waiver. No modification, amendment or waiver of any of the provisions provision of this Agreement shall will be effective valid unless it is in writing and signed by the party to be bound therebyboth Parties. A No waiver at any time of any provision of this Agreement by either party shall not will be construed as a waiver of a subsequent breach or failure of the same provision, or deemed a waiver of any other provisionprovision of this Agreement.

Appears in 1 contract

Samples: Interim Services Agreement

Modification, Amendment and Waiver. No modification, amendment or ---------------------------------- waiver of any provision of this Agreement shall be effective unless approved in writing by each of the parties hereto. The failure of any party at any time to enforce any of the provisions of this Agreement shall be effective unless in writing and signed by the party to be bound thereby. A waiver of any provision of this Agreement by either party shall not no way be construed as a waiver of a subsequent breach or failure such provisions and shall not affect the rights of the same provision, or a waiver party thereafter to enforce the provisions of any other provisionthis Agreement in accordance with its terms.

Appears in 1 contract

Samples: Stockholders' Agreement (Elcotel Inc)

Modification, Amendment and Waiver. No modification, amendment or waiver of any of the provisions provision of this Agreement shall will be effective valid unless it is in writing and signed by the party against whom it is sought to be bound therebyenforced. A No waiver at any time of any provision of this Agreement by either party shall not will be construed as a waiver of a subsequent breach or failure of the same provision, or deemed a waiver of any other provisionprovision of this Agreement at that time or a waiver of that or any other provision of this Agreement at any other time.

Appears in 1 contract

Samples: Master Servicing Agreement (Money With Meaning Fund, LLC)

Modification, Amendment and Waiver. No change, modification, or amendment or waiver of any of the provisions of this Agreement shall be effective valid or binding upon the parties hereto unless such change, modification, or amendment shall be in writing and signed by all the parties hereto. No waiver of any term or condition of this Agreement shall be enforceable unless it shall be in writing signed by the party against which it is sought to be bound therebychanged. A The waiver by any party of a breach of any provision of this Agreement by either party any other shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ultrak Inc)

Modification, Amendment and Waiver. This Agreement may not be ---------------------------------- modified unless such modification is in writing and signed by all parties hereto. No modification, amendment or waiver of any of the provisions term of this Agreement shall be effective enforceable unless in writing and signed by the party against which it is sought to be bound therebychanged. A The waiver by any party of a breach of any provision of this Agreement by either party shall not operate or be construed as a waiver of a any subsequent breach or failure of the same provision, or a waiver of any by such other provisionparty.

Appears in 1 contract

Samples: Consulting Agreement (NTN Communications Inc)

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