Common use of No Waiver; Modification in Writing Clause in Contracts

No Waiver; Modification in Writing. No failure or delay on the part of the Company, WIC or Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented except by an instrument in writing signed by the Company, WIC and Purchaser, and waivers or consents to departures from the provisions hereof may not be given without the written consent of the Company, on the one hand, and WIC and Purchaser, on the other hand, provided that notice of any such waiver shall be given to each party hereto as set forth below. Any amendment, supplement or modification of or to any provision of this Agreement, or any waiver of any provision of this Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Wiser Investment Co LLC), Employment Agreement (Wiser Oil Co), Stock Purchase Agreement (Wiser Oil Co)

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No Waiver; Modification in Writing. No failure or delay on the part of the Company, WIC or Purchaser any party in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedy. The provisions of this Agreement, including the provisions of this sentence, may remedies provided for herein are cumulative and are not be amended, modified or supplemented except by an instrument in writing signed by the Company, WIC and Purchaser, and waivers or consents to departures from the provisions hereof may not be given without the written consent of the Company, on the one hand, and WIC and Purchaser, on the other hand, provided that notice exclusive of any such waiver shall remedies that may be given available to each any party hereto as set forth belowat law or in equity or otherwise. Any No amendment, supplement modification, supplement, termination, or modification waiver of or to any provision of this Agreement, nor consent to any departure therefrom, shall be effective unless the same shall be in writing and signed by or on behalf of the party to be charged with the enforcement thereof. Any amendment, modification, or supplement of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mahaska Investment Co)

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