Common use of Non-Compliance with Conditions Clause in Contracts

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, at their option, in accordance with subparagraph 7(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Shares) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agents.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, it as applicable, that they will each use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the AgentsAgents (or any one of them), at their option, sole option in accordance with subparagraph 7(h7(g), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Sharesthe Units ) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its their rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsthem.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company that it will use its best efforts (or all reasonable efforts, as applicable) to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such material conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the AgentsAgents (or any of them), at their sole option, acting reasonably, in accordance with subparagraph subsection 7(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Sharesthe Units) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its their respective rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company and that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the AgentsAgent, at their option, its sole option in accordance with subparagraph 7(h10(h), to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Units) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents Agent may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents Agent only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company and that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, at their option, sole option in accordance with subparagraph 7(h9(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Special Warrants) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company and that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, at their option, sole option in accordance with subparagraph 7(h9(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Units) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, at their option, in accordance with subparagraph 7(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Shares) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agents.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company and that it will use its best efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the AgentsAgent, at their option, its sole option in accordance with subparagraph 7(h10(h), to terminate their its obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Subscription Receipts) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents Agent may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents Agent only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company that it will use its best efforts (or all reasonable efforts, as applicable) to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such material conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the AgentsAgents (or any one of them), at their sole option, acting reasonably, in accordance with subparagraph 7(hSection 8(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common Sharesthe Units) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its their respective rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions and covenants in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, Company and that it will use its best commercially reasonable efforts to cause such conditions to be complied with, and any breach or failure by the Company to comply with any of such conditions or if in the event that any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, at their option, sole option in accordance with subparagraph 7(h11(h), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them it to purchase Common Sharesthe Special Warrants) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by the Agentsit.

Non-Compliance with Conditions. The Company agrees that all terms, conditions terms and covenants condition in this Agreement shall be construed as conditions and complied with so far as the same relate to acts to be performed or caused to be performed by the Company, that it will use its commercially reasonable best efforts (or all commercially reasonable efforts, as applicable) to cause such conditions to be complied with, and any material breach or failure by the Company to comply with any of such conditions or if any representation or warranty given by the Company becomes false and is not rectified as at the Closing Time, shall entitle the Agents, or any of them, at their option, option in accordance with subparagraph 7(h11(f), to terminate their obligations under this Agreement (and the obligations of the Purchasers arranged by them to purchase Common SharesSpecial Warrants) by written notice to that effect given to the Company at or prior to the Closing Time. The Agents may waive, in whole or in part, or extend the time for compliance with, any terms and conditions without prejudice to its their rights in respect of any other of such terms and conditions or any other or subsequent breach or non-compliance, provided that any such waiver or extension shall be binding upon the Agents only if the same is in writing and signed by all of the Agents.