Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Mainstreet Bankshares Inc), Cross License Agreement (Asthmatx Inc), Cross License Agreement (Broncus Technologies Inc/Ca)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesthe parties hereto. The failure of a party to enforce any rights or provisions of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyparties.
Appears in 5 contracts
Samples: Finder's Fee Agreement (Laredo Oil, Inc.), Stockholders Agreement (Laredo Oil, Inc.), Management Services Agreement (Laredo Oil, Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.
Appears in 5 contracts
Samples: License Agreement (Regen BioPharma Inc), License Agreement (Bio-Matrix Scientific Group, Inc.), License Agreement (Ligand Pharmaceuticals Inc)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesBroncus and Asthmatx. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.
Appears in 4 contracts
Samples: Cross License Agreement (Asthmatx Inc), Cross License Agreement (Broncus Technologies Inc/Ca), Cross License Agreement (Asthmatx Inc)
Modification; Waiver. This Agreement may not be altered, amended modified or modified in any way supplemented except by a writing written instrument signed by both partiesthe Parties. The No action or failure of a party to enforce any rights or provisions of the Agreement act by either Party shall not be construed deemed to be a waiver of such rights any default or provisions, or a waiver by such party to thereafter enforce such rights breach of any agreement or provision or any other rights or provisions hereunderherein contained unless such waiver is set forth in writing. No waiver of any default or breach of any agreement or provision herein contained shall be effective unless made in writing and signed by the waiving partydeemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained.
Appears in 4 contracts
Samples: Administrative Services Agreement (Cryomass Technologies, Inc.), Administrative Services Agreement (First Colombia Development Corp.), Marketing Services Agreement (First Colombia Development Corp.)
Modification; Waiver. This No waiver, modification, amendment or alteration of any provision of this Agreement may not will be altered, amended valid or modified effective unless made in any way except by a writing and signed by both partieseach of the Parties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision provisions or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.
Appears in 3 contracts
Samples: License Agreement (Lipocine Inc.), License Agreement (Ligand Pharmaceuticals Inc), License Agreement (Ligand Pharmaceuticals Inc)
Modification; Waiver. This Agreement may not be altered, amended or -------------------- modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 3 contracts
Samples: Technology License Agreement (Urogen Corp), Development and Supply Agreement (Somnus Medical Technologies Inc), Patent License Agreement (Somnus Medical Technologies Inc)
Modification; Waiver. This Agreement may not be altered, amended amended, or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 3 contracts
Samples: Development and Supply Agreement (Thermage Inc), Development and Supply Agreement (Thermage Inc), Development and Supply Agreement (Thermage Inc)
Modification; Waiver. This Agreement may shall not be altered, amended or modified in any way except by a an instrument in writing duly signed by both partieson behalf of the party against whom enforcement of such modification is sought. The No waiver of any provision of this Agreement shall be effective unless in writing and similarly signed, nor shall any failure of a any party to enforce any rights right or provisions of the Agreement shall not remedy hereunder be construed to be deemed a waiver of such rights right or provisions, or a waiver by such party to thereafter enforce such rights or provision remedy for the future in the same or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partysituation.
Appears in 3 contracts
Samples: Royalty Agreement (FBEC Worldwide Inc.), Royalty Agreement (Bloomin' Brands, Inc.), Royalty Agreement (Osi Restaurant Partners, LLC)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall will not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 3 contracts
Samples: Drug Discovery Agreement (SGX Pharmaceuticals, Inc.), Drug Discovery Agreement (SGX Pharmaceuticals, Inc.), Drug Discovery Agreement (SGX Pharmaceuticals, Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by authorized representatives of both of the parties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.
Appears in 3 contracts
Samples: License and Commercialization Agreement (Otonomy, Inc.), License and Commercialization Agreement (Otonomy, Inc.), License and Commercialization Agreement (Durect Corp)
Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except only by a writing written instrument duly signed by both parties. The failure of a party to enforce any rights or provisions each of the Parties or their respective successors or permitted assigns. No waiver of any breach of any term or provision of this Agreement shall not be construed to be be, nor shall be, a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunderbreach of this Agreement. No waiver shall be effective binding unless made in writing and signed by the Party waiving partythe breach or provision. This Agreement is non-assignable by any Party hereto in the absence of written consent of the non-assigning Party(ies).
Appears in 2 contracts
Samples: Non Compete Agreement (Invea Therapeutics, Inc), Non Compete Agreement (BioXcel Therapeutics, Inc.)
Modification; Waiver. This No alleged waiver, modification or amendment to this Agreement may not shall be alteredeffective against either party hereto, amended or modified unless in any way except by a writing writing, signed by both partiesthe party against which such waiver, modification or amendment is asserted. The failure or delay of a either party to enforce any rights or provisions insist upon the other party’s strict performance of the provisions in this Agreement or to exercise in any respect any right, power, privilege, or remedy provided for under this Agreement shall not be construed to be operate as a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrelinquishment thereof.
Appears in 2 contracts
Samples: Patent Purchase Agreement (Shuffle Master Inc), Product Development and Integration Agreement (Mikohn Gaming Corp)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both the parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.
Appears in 2 contracts
Samples: Exclusive License Agreement, Exclusive License Agreement (Ultragenyx Pharmaceutical Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 2 contracts
Samples: Services Agreement, Cross License Agreement (Vermillion, Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of the right of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Introgen Therapeutics Inc), Collaboration and License Agreement (Introgen Therapeutics Inc)
Modification; Waiver. This No amendment, modification or waiver in respect of this Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made it shall be in writing and signed by the waiving partyparty against whom any such amendment, modification or waiver is sought to be enforced. Each party to this Agreement acknowledges and agrees that no breach of this Agreement by the other party or failure to enforce or insist on its or his rights under this Agreement shall constitute a waiver or abandonment of any such rights or defense to enforcement of such rights.
Appears in 2 contracts
Samples: Employment Agreement (Santander Consumer USA Holdings Inc.), Investment Agreement (Santander Holdings USA, Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of the right of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: Agency Agreement (TearLab Corp)
Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except by a writing written instrument signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunderParties. No waiver shall will be implied from conduct or failure to enforce rights, and no waiver will be effective unless made in writing and signed on behalf of the Party against whom the waiver is asserted. The exercise of any right or remedy provided in this Agreement will be without prejudice to the right to exercise any other right or remedy provided by the waiving partylaw or equity, except as expressly limited in this Agreement.
Appears in 1 contract
Samples: Investment Agreement
Modification; Waiver. This Agreement may not be altered, modified or amended or modified in any way except only by a writing signed executed by both partiesall Parties hereto. The failure waiver by any Party of a party to enforce any such Party's rights or provisions of the under this Agreement shall not be construed to be constitute a waiver of any future rights and/or enforcement of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrights.
Appears in 1 contract
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partieseach party. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to so be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing written agreement signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Evotec SE)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesall parties of this Agreement. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Modification; Waiver. This No alleged waiver, modification or amendment to this Agreement may not will be alteredeffective against either Party, amended or modified unless in any way except by a writing writing, signed by both partiesthe Party against which such waiver, modification or amendment is asserted. The failure or delay of a party either Party to enforce any rights or provisions insist upon the other Party’s strict performance of the provisions in this Agreement shall or to exercise in any respect any right, power, privilege, or remedy provided for under this Agreement will not be construed to be operate as a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyrelinquishment thereof.
Appears in 1 contract
Samples: Asset Purchase and License Agreement (Progressive Gaming International Corp)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesthe parties hereto. The failure of a party to enforce any rights or provisions of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving party.parties. la-1119735
Appears in 1 contract
Samples: Additional Interests Grant Agreement (Laredo Oil, Inc.)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing document signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: License Agreement (Utek Corp)
Modification; Waiver. This No modification or amendment to this Agreement may not be altered, amended or modified made except in any way except by a writing signed by authorized representatives of both partiesParties. The failure No waiver of a party to enforce any rights or provisions of will be effective unless assented to in writing by the Agreement shall not be construed Party to be charged, and the waiver of any breach or default will not constitute a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision any other right hereunder or any other rights subsequent breach or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partydefault.
Appears in 1 contract
Modification; Waiver. This Agreement may shall not be altered, amended or modified in any way -------------------- except by a an instrument in writing duly signed by both partieson behalf of the party against whom enforcement of such modification is sought. The No waiver of any provision of this Agreement shall be effective unless in writing and similarly signed, nor shall any failure of a any party to enforce any rights right or provisions of the Agreement shall not remedy hereunder be construed to be deemed a waiver of such rights right or provisions, or a waiver by such party to thereafter enforce such rights or provision remedy for the future in the same or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partysituation.
Appears in 1 contract
Samples: Asset Purchase Agreement (Auction Anything Com Inc)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party Party to thereafter enforce such rights or provision provisions or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.
Appears in 1 contract
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: Product Supply Agreement (Bellacasa Productions Inc)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both partiesParties. The failure of a party Party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyParty.
Appears in 1 contract
Samples: License Agreement (Affymax Inc)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or any other rights or provisions hereunder. hereunder No waiver shall be he effective unless made in writing and signed by the waiving party.
Appears in 1 contract
Samples: Sub License Agreement (Rampart Detection Systems Ltd.)
Modification; Waiver. This Agreement may not be altered, ------------------- amended or modified in any way except by a an agreement in writing signed by both parties. The failure of a party to enforce at any rights or time any of the provisions of the Agreement Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: International Distributor Agreement (Fusion Medical Technologies Inc)
Modification; Waiver. This Agreement may not be altered, amended or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the this Agreement shall will not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: Saas License Agreement
Modification; Waiver. This Agreement agreement may not be alteredmodified orally, amended and a waiver or modified in modification of any way except by provision shall not be construed as a writing signed by both partieswaiver or modification of any other provision or as consent to any subsequent waiver or modification. The failure of a either party to enforce any rights or provisions of the Agreement this agreement shall not be construed to be deemed a waiver or limitation of such rights or provisions, or a waiver by such party that party’s right to thereafter subsequently enforce such rights or and compel strict compliance with every provision or of this agreement. Acceptance of use fee does not xxxxx Xxxxxxxxx’x right to enforce any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyof this agreement.
Appears in 1 contract
Samples: Demo Program Agreement
Modification; Waiver. This Agreement may not be altered, amended -------------------- or modified in any way except by a writing signed by both parties. The failure of a party to enforce any rights or provisions provision of the Agreement shall not be construed to be a waiver of such rights or provisions, or a waiver by the right of such party to thereafter enforce such rights or that provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partyright.
Appears in 1 contract
Samples: Development and Supply Agreement (Somnus Medical Technologies Inc)
Modification; Waiver. This Agreement may not be altered, amended modified nor may any provision be waived without the prior written consent of the party against whom such modification or modified in waiver is or may be asserted. No delay or omission by any way except by a writing signed by both parties. The failure of a party to enforce exercise any rights right or provisions of the Agreement power shall not impair any such right or power or be construed to be a waiver thereof. A waiver of any provision of this Agreement on any occasion shall not constitute a waiver of such rights or provisions, or a waiver by such party to thereafter enforce such rights or provision or on any other rights or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partysucceeding occasion.
Appears in 1 contract
Samples: Asset Purchase Agreement
Modification; Waiver. This Agreement may not be altered, modified or amended or modified except in writing duly executed by all the Parties. No provision of this Agreement may be waived by any way Party except by a writing signed by both partiesin writing. The failure waiver by any Party of a party to enforce any rights breach of this Agreement will not operate or provisions of the Agreement shall not be construed to be as a waiver of such rights or provisionsany subsequent breach of that provision by the same Party, or a waiver by such party to thereafter enforce such rights or provision or any other rights provision or provisions hereunder. No waiver shall be effective unless made in writing and signed by the waiving partycondition of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (1847 Holdings LLC)