Common use of No Waiver; Amendment Clause in Contracts

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party unless agreed to in writing by the Party to be charged. The failure of either Party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Parties.

Appears in 3 contracts

Samples: Exclusive License and Distribution Agreement (Nuo Therapeutics, Inc.), Exclusive License and Distribution Agreement (Nuo Therapeutics, Inc.), License Agreement (Nuo Therapeutics, Inc.)

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No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties other than the amendment of Exhibit(s) A-2 and F, which may be modified by THERMO on the intervals provided in this agreement.

Appears in 3 contracts

Samples: Exclusive Distributor Agreement and License (Thermogenesis Corp), Exclusive Distributor Agreement and License (Thermogenesis Corp), Exclusive International Distributor Agreement (Thermogenesis Corp)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties.

Appears in 3 contracts

Samples: Private Label Distribution Agreement (Inogen Inc), Private Label Distribution Agreement (Inogen Inc), Exclusive International Distribution Agreement (Thermogenesis Corp)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party unless agreed to in writing by the Party to be charged. The failure of either Party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity ability of either Party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Parties.

Appears in 2 contracts

Samples: Technology License Agreement (Kamada LTD), Technology License Agreement (Kamada LTD)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties other than the amendment of Exhibit(s) A and F, which may be modified by ThermoGenesis on the intervals provided in this Agreement.

Appears in 2 contracts

Samples: International Distributor Agreement, International Distributor Agreement (Cesca Therapeutics Inc.)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party, unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified modified, except by the written agreement of the Partiesparties other than the amendment of Exhibit(s) A and F, which may be modified by THERMO on the intervals provided in this agreement.

Appears in 2 contracts

Samples: Product Purchase and International Distributor Agreement (Thermogenesis Corp), Product Purchase and International Distributor Agreement (Thermogenesis Corp)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties other than the amendment of Exhibit(s) A, which may be modified by ThermoGenesis on the intervals provided in this Agreement.

Appears in 1 contract

Samples: Supply Agreement (ThermoGenesis Holdings, Inc.)

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No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Parties.

Appears in 1 contract

Samples: Distributor Agreement and License (Cytomedix Inc)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party party unless agreed to in writing by the Party party to be charged. The failure of either Party party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH COMMISSION. affect the validity of either Party party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties.

Appears in 1 contract

Samples: Exclusive Distribution and License Agreement (Epoch Biosciences Inc)

No Waiver; Amendment. No waiver of any term or condition of this Agreement shall be valid or binding on any Party unless agreed to in writing by the Party to be charged. The failure of either Party to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by the other Party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party to enforce each and every such provision thereafter. This Agreement may not be amended or modified except by the written agreement of the Partiesparties.

Appears in 1 contract

Samples: License and Supply Agreement (Epoch Biosciences Inc)

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