Common use of Modification or Waiver Clause in Contracts

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 4 contracts

Samples: Equity Interest and Asset Purchase and Sale Agreement (Wca Waste Corp), Equity Interest Purchase Agreement (Wca Waste Corp), Equity Interest and Asset Purchase Agreement (Wca Waste Corp)

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Modification or Waiver. This Agreement may be amended, modified or superseded, and at any of the terms, covenants, representations, warranties or conditions hereof may be waivedtime, but only by a written instrument executed by the parties heretohereto and expressly stating it is an amendment to this Agreement. Any of the terms, covenants and conditions of this Agreement may be waived at any time by the party entitled to the benefit of such term, covenant or condition; provided, however, that such waiver must be in writing and executed by the party against whom such waiver is asserted. No waiver course of any nature, in any one or more instances, shall dealing will be deemed effective to be modify, amend or construed as a further or continued waiver discharge any part of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 3 contracts

Samples: Treasury Services Agreement (Sunoco Logistics Partners Lp), Treasury Services Agreement (Sunoco Logistics Partners Lp), Treasury Services Agreement (Sunoco Logistics Partners Lp)

Modification or Waiver. This The Agreement may be amended, modified or superseded, superseded and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but at anytime only by a written instrument executed by the parties hereto. No waiver of any nature, in any one or more instancesinstance, shall be deemed to be or be construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this the Agreement. The Agreement and each provision hereof may not be waived, altered, amended or modified, except in writing, duly executed by all of the parties.

Appears in 3 contracts

Samples: Series a Preferred Stock Redemption Agreement, Release Agreement (Innovo Group Inc), Series a Preferred Stock Redemption Agreement (Innovo Group Inc)

Modification or Waiver. This Agreement may be amended, modified modified, or supersededsuperseded at any time by a written instrument executed by the Company and each Purchaser, and any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived, but only by a written instrument executed waived by the parties heretoparty intended to be benefited hereby. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenantrepresentation, representation or warranty in this Agreement.

Appears in 3 contracts

Samples: Preferred Share and Warrant Purchase Agreement (Price Michael F), Preferred Share and Warrant Purchase Agreement (Aster Cephac), Preferred Share and Warrant Purchase Agreement (Pharmakinetics Laboratories Inc)

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties each party hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 3 contracts

Samples: Confirmation and Release Agreement (Local Matters Inc.), Confirmation and Release Agreement (Local Matters Inc.), Confirmation and Release Agreement (Local Matters Inc.)

Modification or Waiver. This Agreement may be amended, modified modified, or supersededsuperseded at any time by a written instrument executed by the Company and each Stockholder, and any of the terms, covenants, representations, warranties warranties, or conditions hereof may be waived, but only by a written instrument executed waived by the parties heretoparty intended to be benefited hereby. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenantrepresentation, representation or warranty in this Agreement.

Appears in 3 contracts

Samples: Preferred Share and Warrant Purchase Agreement (Aster Cephac), Preferred Share and Warrant Purchase Agreement (Price Michael F), Registration Rights Agreement (Pharmakinetics Laboratories Inc)

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by each of the parties hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 1 contract

Samples: Termination Agreement (Home Products International Inc)

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Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties Parties hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 1 contract

Samples: Equity Interest Purchase Agreement (Wca Waste Corp)

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation representation, or warranty in this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lets Talk Cellular & Wireless Inc)

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties each Party hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 1 contract

Samples: Termination and Mutual Release Agreement (Microtune Inc)

Modification or Waiver. This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but only by a written instrument executed by the parties heretoMajor Shareholders, Seller and Buyer. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term, covenant, representation or warranty in this Agreement.

Appears in 1 contract

Samples: Merger Agreement (United Surgical Partners International Inc)

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