Common use of Modifications; Amendments; Waivers Clause in Contracts

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Corporation and the holders of at least a majority of the Registrable Shares then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon the Investor, each holder and the Corporation. The failure of any party to exercise any right or remedy under this Agreement or otherwise, or the delay by any party in exercising such right or remedy, shall not operate as a waiver thereof.

Modifications; Amendments; Waivers. The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Corporation and the holders of at least a majority of the Registrable Shares then outstanding. Any amendment or waiver effected in accordance with this paragraph shall be binding upon the Investor, each holder and the CorporationStockholder. The failure of any party to exercise enforce any right or remedy under of the provisions of this Agreement or otherwise, or the delay by any party shall in exercising such right or remedy, shall not operate no way be construed as a waiver thereofof such provisions and shall not affect the right of such party thereafter to enforce each and every provision of this Agreement in accordance with its terms.