Common use of Modifications and Waivers Clause in Contracts

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 8 contracts

Samples: Employment Agreement (Centerpoint Properties Trust), Employment Agreement (Centerpoint Properties Trust), Employment Agreement (Centerpoint Properties Trust)

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Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereofEffective Date of this Agreement, and signed by the party intended to be boundall Parties. No waiver of any breach, term term, condition or condition remedy of this Agreement by either party any Party shall constitute a subsequent waiver of the same or any other breach, term term, condition or conditionremedy. All remedies, either under this Agreement, by law, or otherwise afforded the Parties shall be cumulative and not alternative.

Appears in 7 contracts

Samples: Common Stock Purchase Agreement (Green Stream Holdings Inc.), Common Stock Purchase Agreement (Green Stream Holdings Inc.), Common Stock Purchase Agreement (Green Stream Holdings Inc.)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereofEffective Date, and signed by the party intended to be boundall Parties. No waiver of any breach, term term, condition or condition remedy of this Agreement by either party any Party shall constitute a subsequent waiver of the same or any other breach, term term, condition or conditionremedy. All remedies, either under this Agreement, by law or otherwise afforded to a Party, shall be cumulative and not alternative.

Appears in 6 contracts

Samples: Series B Convertible Preferred Stock Purchase Agreement (SilverSun Technologies, Inc.), Series B Preferred Stock Purchase Agreement (IDO Security Inc.), Series a Preferred Stock Purchase Agreement (SPO Medical Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, hereof and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 5 contracts

Samples: Admission Agreement (Gerrard Douglas A), Admission Agreement (Gerrard Douglas A), Admission Agreement (Gerrard Douglas A)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, and signed by the party parties intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 3 contracts

Samples: Consulting Agreement (Ovation Products Corp), Consulting Agreement (Boston Life Sciences Inc /De), Consulting Agreement (Ovation Products Corp)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, hereof and signed by the party intended to be boundPurchaser and each Seller. No waiver of any breach, term or condition of this Agreement by either any party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Ski Lifts Inc), Stock Purchase Agreement (Ski Lifts Inc), Stock Purchase Agreement (Plato Learning Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Obsidian Enterprises Inc), Stock Purchase Agreement (Obsidian Enterprises Inc), Asset Purchase Agreement (Isle of Capri Casinos Inc)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to after the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or conditioncondition or a continuing waiver after demand for strict compliance.

Appears in 2 contracts

Samples: Operating Agreement (Pacer Health Corp), Operating Agreement (Pacer Health Corp)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to after the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term term, or conditioncondition or a continuing waiver after demand for strict compliance.

Appears in 2 contracts

Samples: Licensing Agreement (AcuNetx, Inc.), Licensing Agreement (AcuNetx, Inc.)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, and signed by the party intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term term, or condition.

Appears in 2 contracts

Samples: Retirement and Separation Agreement (Commonwealth Edison Co), Retirement and Separation Agreement (Commonwealth Edison Co)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to after the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term term, or conditioncondition or a continuing waiver after demand for strict compliance.

Appears in 2 contracts

Samples: Member's Interest Purchase and Sale Agreement (Sands Regent), Stock Purchase Agreement (Automotive Performance Group Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, hereof and signed by the party intended to be boundCompany and Consultant. No waiver of any breach, term or condition of this Agreement by either any party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 2 contracts

Samples: Consulting and Non Compete Agreement (Plato Learning Inc), Consulting and Non Compete Agreement (Plato Learning Inc)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, and signed by the party parties intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or conditioncondition or a continuing waiver after demand for strict compliance.

Appears in 2 contracts

Samples: Merger Agreement (HealthLynked Corp), Merger Agreement (HealthLynked Corp)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall will be valid or binding unless it is in writing dated subsequent to the date hereof, hereof and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall will constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Realtel Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.. * * * * *

Appears in 1 contract

Samples: Employment Agreement (Centerpoint Properties Trust)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, hereof and signed by the party intended to be boundCPP and Metris. No waiver of any breach, term or condition of this Agreement by either any party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 1 contract

Samples: Transition Services Agreement (Metris Companies Inc)

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Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 1 contract

Samples: Stock Purchase Agreement (Venture Equities Management Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, hereof and signed by the party intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or conditioncondition except as otherwise expressly set forth herein.

Appears in 1 contract

Samples: Investment Agreement (Franklin Ophthalmic Instruments Co Inc)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term term, or condition.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tanner Chemicals Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereofEffective Date, and signed by the party intended to be boundall Parties. No waiver of any breach, term term, condition or condition remedy of this Agreement by either party any Party shall constitute a subsequent waiver of the same or any other breach, term term, condition or conditionremedy. All remedies, either under this Agreement, by law or otherwise afforded a Party shall be cumulative and not alternative.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Bloggerwave, Inc.)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in a writing dated subsequent to the date hereof, hereof and signed by the party intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term term, or condition.. The execution hereof by you shall constitute a binding contract between us, under seal, for the uses and purposes set forth above. Very truly yours,

Appears in 1 contract

Samples: Stock Sale Agreement (Avatex Corp)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing writing, dated subsequent to the date hereof, hereof and signed by Purchaser and the party intended to be boundRepresentative. No waiver of any breach, term or condition of this Agreement by either any party shall constitute a subsequent waiver of the same or any other breach, term or condition.

Appears in 1 contract

Samples: Stock Purchase Agreement (Medichem Life Sciences Inc)

Modifications and Waivers. No change, modification or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated on or subsequent to the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term or condition of this Agreement by either party shall constitute a subsequent waiver of the same or any other breach, term or condition. [The remainder of this page is intentionally left blank.]

Appears in 1 contract

Samples: Asset Purchase Agreement (U S Laboratories Inc)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be is valid or binding unless it is in writing dated on or subsequent to the date hereof, hereof and signed by the party parties intended to be bound. No waiver of any breach, term term, or condition of this Agreement by either party shall constitute constitutes a subsequent waiver of the same or any other breach, term or condition.

Appears in 1 contract

Samples: Asset Purchase Agreement (U S Laboratories Inc)

Modifications and Waivers. No change, modification modification, or waiver of any provision of this Agreement shall be valid or binding unless it is in writing dated subsequent to after the date hereof, hereof and signed by the party intended or on behalf of all Parties to be boundthis Agreement. No waiver of at any breachbreech, term term, or condition of this Agreement by either party any Party shall constitute a subsequent waiver of the same or any other breach, term term, or conditioncondition or a continuing waiver after demand for strict compliance.

Appears in 1 contract

Samples: Payment and Tolling Agreement (Integrated Information Systems Inc)

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