Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 192 contracts
Sources: Stock Purchase and Acquisition Agreement (Futuris Co), Stock Purchase Agreement (Ilustrato Pictures International Inc.), Stock Purchase Agreement (Samsara Luggage, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ; (ii2) the acceptance of performance of anything any thing required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii3) no waiver by of any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 30 contracts
Sources: Agreement for the Exchange of Common Stock (Reliant Holdings, Inc.), Agreement for the Exchange of Common Stock (Sputnik Enterprises, Inc), Agreement for the Exchange of Common Stock (North American Energy Resources, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 30 contracts
Sources: Agreement for the Exchange of Common Stock (Energy Producers Inc), Agreement for the Exchange of Common Stock (United Service Attendants Inc), Agreement for the Exchange of Common Stock (Greatestescapes Com Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 30 contracts
Sources: Share Exchange Agreement (General Steel Holdings Inc), Share Exchange Agreement (General Steel Holdings Inc), Share Exchange Agreement (Media Technologies, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 17 contracts
Sources: Asset Purchase Agreement (Snocone Systems Inc), Exchange Agreement (Rompus Interactive Productions Inc), Agreement for the Exchange of Common Stock (Abcor Products Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Note shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Note or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Note to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 16 contracts
Sources: Convertible Note (IPOWorld), Convertible Note (Us Natural Gas Corp), Convertible Note (Us Natural Gas Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 14 contracts
Sources: Stock Purchase Agreement (Logiq, Inc.), Share Exchange Agreement (GoLogiq, Inc.), Share Exchange Agreement (American International Holdings Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenantsconvenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 13 contracts
Sources: Acquisition Agreement (Mascota Resources Corp.), Acquisition Agreement (Firma Holdings Corp.), Acquisition Agreement (Firma Holdings Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 10 contracts
Sources: Agreement for the Exchange of Common Stock (Worldvest, Inc.), Agreement for the Exchange of Common Stock (Df China Technology Inc), Agreement for the Exchange of Common Stock (Web Capital Group Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breachbreach of this Agreement.
Appears in 9 contracts
Sources: Exclusive License Agreement (Oiltek, Inc.), Exclusive Distribution Agreement (Scantek Medical Inc), Distribution Agreement (Scantek Medical Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 7 contracts
Sources: Agreement for the Exchange of Common Stock (Energy Producers Inc), Exchange of Securities Agreement (Newcourt Holdings Inc), Stock Exchange Agreement (Workplace Compliance Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, covenant condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 6 contracts
Sources: Definitive Acquisition Agreement (TurnKey Capital, Inc.), Definitive Acquisition Agreement (TurnKey Capital, Inc.), Definitive Agreement for the Exchange of Common Stock for Limited Liability Company Interest (Continental Rail Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 6 contracts
Sources: Purchase Agreement, Series a Preferred Stock Purchase Agreement (Transnational Group, Inc.), Purchase Agreement (Blow & Drive Interlock Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, provision or provision condition of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement agreement to be performed with the knowledge of the breach or failure of a covenant, condition, provision or provision conditions hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 6 contracts
Sources: International Licensing Agreement (Green Meadow Products, Inc.), Licensing Agreement (Green Meadow Products, Inc.), Licensing Agreement (Green Meadow Products, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Amendment shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Amendment or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Amendment to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 5 contracts
Sources: License Agreement (Nanoviricides, Inc.), Line of Credit Agreement (Nanoviricides, Inc.), Share Exchange Agreement (GoLogiq, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenantconvenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenantsconvenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisionsprovision, covenantsconvenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, conditionconditions, or provision provisions hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Eurasia Gold Fields Inc), Asset Purchase Agreement (Eurasia Gold Fields Inc), Asset Purchase Agreement (Patagonia Gold Corp /Bc)
Non-Waiver. Except as otherwise expressly provided hereinin this Escrow Agreement, no waiver of any covenant, condition, or provision of this Escrow Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Escrow Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Escrow Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 5 contracts
Sources: Equity Line Agreement (Advantage Disposal Solutions, Inc.), Escrow Agreement (W270, Inc.), Stock Purchase Agreement (Advantage Disposal Solutions, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 4 contracts
Sources: Earnout Agreement (Imtek Office Solutions Inc), Exchange Agreement (Imtek Office Solutions Inc), Shareholder Agreement (Imtek Office Solutions Inc)
Non-Waiver. Except as otherwise expressly provided hereinprovided, no waiver of any covenant, condition, condition or provision of this Agreement agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is chargedis; and (i) the failure of any party to insist in on any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 4 contracts
Sources: Stock Exchange Agreement (SiteWorks Building & Development Co.), Stock Exchange Agreement (SiteWorks Building & Development Co.), Stock Exchange Agreement (SiteWorks Building & Development Co.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Gold American Mining Corp.), Common Stock Purchase Agreement (Vault America, Inc.), Common Stock Purchase Agreement (TK Star Design, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or of failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 4 contracts
Sources: Exchange of Common Stock Agreement (American Champion Entertainment Inc), Stock Exchange Agreement (Pride Automotive Group Inc), Exchange Agreement (American Champion Entertainment Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly made in writing and signed by the party against whom such waiver is charged; and (i) the . The failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained contained, shall not be construed as a waiver or relinquishment for in the future of any such provisionsprovision, covenantscovenant, or conditionscondition. The acceptance by a party, (ii) the acceptance of performance of anything required by this Agreement to be performed made with such party’s knowledge of the breach or failure of a any covenant, condition, or provision hereof hereof, of performance by the other party, shall not be deemed a waiver by the accepting party of such breach or failure, and (iii) no . The waiver by any one party of one breach by another the other party shall not be construed as a waiver with respect to of any other or any subsequent breach.
Appears in 4 contracts
Sources: Patent License Agreement (SmartMetric, Inc.), Patent License Agreement (SmartMetric, Inc.), Patent License Agreement (SmartMetric, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Warrant shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Warrant or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Warrant to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 3 contracts
Sources: Purchase Agreement (Imperalis Holding Corp.), Warrant Agreement (Imperalis Holding Corp.), Warrant Agreement (Soul & Vibe Interactive Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no No waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Bio Solutions Manufacturing, Inc.), Reorganization and Stock Purchase Agreement (Single Source Financial Services Corp), Reorganization and Stock Purchase Agreement (Single Source Financial Services Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Southwest Iowa Renewable Energy, LLC), Stock Purchase Agreement (Smsa Gainesville Acquisition Corp.), Stock Purchase Agreement (Coqui Radio Pharmaceuticals Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 3 contracts
Sources: Acquisition Agreement (Innerscope Advertising Agency, Inc.), Acquisition Agreement (Innerscope Advertising Agency, Inc.), Acquisition Agreement (Paradigm Oil & Gas, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of ----------- any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 3 contracts
Sources: Agreement for the Exchange of Common Stock (Wilmington Rexford Inc), Agreement for the Exchange of Common Stock (Wilmington Rexford Inc), Agreement for the Exchange of Common Stock (Wilmington Rexford Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, covenant or provision condition of this Agreement shall be deemed to have been made made, unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenant or conditions, condition; (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, covenant or provision condition of this Agreement hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 3 contracts
Sources: Share Purchase Agreement (Sports Group International Inc), Membership Interest Purchase Agreement (Sports Group International Inc), Share Purchase Agreement (Sports Group International Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future fixture of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision provisions hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Agreement Concerning the Exchange of Stock (Workfire Com), Agreement Concerning the Exchange of Common Stock (Mediconsult Com Inc)
Non-Waiver. Except as otherwise expressly provided hereinin this Agreement, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 2 contracts
Sources: Merger Agreement (Digiliti Money Group, Inc.), Purchase Agreement (Medical Imaging Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Agreement for the Purchase of Common Stock (Betafox Corp.), Agreement for the Purchase of Common Stock (Ketdarina Corp)
Non-Waiver. Except as otherwise expressly provided herein, . no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any an_y such provisions, covenants. covenants , or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall shal1 not be deemed a waiver of such breach or failure, . and (iii( iii ) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Kore Resources Inc.), Common Stock Purchase Agreement (Kore Resources Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Purchase Agreement (GeoBio Energy, Inc.), Purchase Agreement (GeoBio Energy, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure; and, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Trimax Corp), Asset Purchase Agreement (VIPR Industries Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Subdistribution Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Subdistribution Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Subdistribution Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 2 contracts
Sources: Exclusive Distribution Agreement (Scantek Medical Inc), Distribution Agreement (Scantek Medical Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Guarantee shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Guarantee or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Guarantee to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 2 contracts
Sources: Guarantee (Uv Flu Technologies Inc), Consulting Agreement (Uv Flu Technologies Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and and:
(i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ;
(ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and ; and
(iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Lovig Brian), Common Stock Purchase Agreement (Nazerali Altaf)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breachbreach of this Agreement.
Appears in 2 contracts
Sources: Confidentiality Agreement (China PharmaHub Corp.), Agreement (China PharmaHub Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii2) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii3) no waiver by any party of one breach or by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 2 contracts
Sources: Agreement for the Exchange of Common Stock (Autofund Servicing Inc), Agreement for the Exchange of Common Stock (Autofund Servicing Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.. EXHIBIT 2 to SCHEDULE 13D
Appears in 2 contracts
Sources: Acquisition Agreement (Jeffrey S. Edell & Elaine Hastings Edell, as Trustees of the Edell Family Trust Dated June 1, 1991), Acquisition Agreement (Nancy Duitch & Dennis Duitch, as Trustees of the Duitch Family Trust Dated January 9, 1989)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii2) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii3) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (iBroadband, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenantco~;nant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenantsC(])Venants, or conditions of this Agreement or to exercise any option herein contained shall not ~ot be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof here~f shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach 9reach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Share Purchase Agreement (XCPCNL Business Services Corp)
Non-Waiver. Except as otherwise expressly provided ---------- herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Fashion Handbags Inc Com)
Non-Waiver. Except as otherwise expressly provided herein, no waiver nowaiver of any covenant, condition, or provision of this Agreement shall be deemed bedeemed to have been made unless expressly in writing and signed by the party against Partyagainst whom such waiver is charged; and (i) the failure of any party Party to insist in insistin any one or more cases upon the performance of any of the provisions, ,covenants, or conditions of this Agreement or to exercise any option herein contained hereincontained shall not be construed as a waiver or relinquishment for the future of any ofany such provisions, covenants, or conditions, (ii) the acceptance of performance ofperformance of anything required by this Agreement to be performed with knowledge withknowledge of the breach or failure of a covenant, condition, or provision hereof shall hereofshall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party byany Party of one breach by another party Party shall be construed as a waiver with respect withrespect to any other or subsequent breach.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Santos Resource Corp.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in on any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future fixture of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision provisions hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach breech by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party Party against whom such waiver is charged; and (i) the . The failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the . The acceptance of performance of anything required by this the Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no . No waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: General Release and Separation Agreement (Softlock Com Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or of failure of a covenant, condition, or o provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Plan of Reorganization (Unity Management Group, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no No waiver of any covenantconditions, condition, remedy or provision of this Agreement shall be deemed to have been made unless expressly made in writing and signed by the party against whom such a waiver is charged; and (i) and
A. the failure of any either party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained contained, shall not be construed as a waiver thereof or as a relinquishment for the future of any such provisions, covenants, conditions or conditions, (ii) options;
B. the acceptance of or performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) ; and
C. no waiver by any a party of one a breach by another the other party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no ----------- waiver of any covenant, condition, or provision of this Agreement Promissory Note shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is chargedPayee; and (i) the failure of any party the Payee to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Promissory Note or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Promissory Note to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party the Payee of one breach by another party the Payor shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Canterbury Consulting Group Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenantscovenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment relinquishment for the future of any such provisions, covenants, or conditionsconditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Acquisition Agreement (American Southwest Music Distribution, Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to the exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Purchase Agreement (Cryocon Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, ; (ii2) the acceptance of performance of anything any thing required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii3) no waiver by of any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Bring Down Agreement and Amendment (SportsQuest, Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Share Exchange Agreement (Ladybug Resource Group, Inc.)
Non-Waiver. Except as otherwise expressly provided hereinin this Agreement, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.. Share Purchase & Acquisition Agreement 29 INITIALS ______ ________
Appears in 1 contract
Sources: Share Purchase and Merger Agreement (WALL STREET ACQUISITIONS, Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any any-party to insist in- sist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Exchange Agreement (Seahawk Deep Ocean Technology Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Stock Exchange Agreement (Equity Growth Systems Inc /De/)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and . In addition, (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, covenant condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Asset Acquisition Agreement (Solar Quartz Technologies Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenantconvenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenantsconvenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisionsprovision, covenantsconvenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment relinquish- ment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly expreMCy provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expreMCy in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenantsconvenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, ; covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Lantis Laser Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of or: any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement Agreement, or to exercise any option herein contained contained, shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or Or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be he performed with the knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party Party of one breach by another party Paty shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Promissory Note shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Promissory Note or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Promissory Note to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision provisions hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party Party of one breach by another party shall Party be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement (Gary Player Direct Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) . the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) . no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Central American Equities Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisionsprovision, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Life Exchange Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and and
(i) the failure of any party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ,
(ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and and
(iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, ,no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or breachor failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Bw Acquisition Inc/ Nv)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future fixture of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision provisions hereof shall not be deemed a waiver of such breach or failure, and (iiiii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no ----------- waiver of any covenant, condition, or provision of this Agreement Promissory Note shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is chargedPayee; and (i) the failure of any party the Payee to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of 10 this Agreement Promissory Note or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Promissory Note to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party the Payee of one breach by another party the Payor shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Canterbury Consulting Group Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one anyone or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to the exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Purchase Agreement (Cryocon Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the . The failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the . The acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Settlement Agreement
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breachbreach of this Agreement.
Appears in 1 contract
Sources: Employment Agreement (Qep Co Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisionsprovis ions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenantscovenants , or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, conditionconditi on, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (UpperSolution.com)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver 11 12 by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Warrant shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance perfomance of any of the provisions, covenants, covenants or conditions of this Agreement Warrant or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Warrant to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Warrant Agreement (Giga Tronics Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly expressed in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement Agreement, or to exercise any option herein contained contained, shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be performed with the knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver ---------- of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Purchase Agreement (Dipper Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in hi writing and signed by the party against whom such waiver is charged; and (iI) the failure of any party party, to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this tills Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party party' of one breach by another party party, shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; both parties to this Agreement, and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof thereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Exclusive Distribution Agreement (Scantek Medical Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i1) the failure of any party to insist in any one or more cases ______ upon the performance of any of the provisions, covenants, or ro conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii2) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, conditionconditions, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii3) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Phon Net Com Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: License Agreement (Intellisys Automotive Systems Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Registration Right Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Registration Rights Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Registration Rights Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) • the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) • the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) • no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, . or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, . covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Kore Resources Inc.)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly made in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of This Agreement and any covenantprovision hereof, conditionmay not be waived, changed, modified, or provision of this Agreement shall be deemed to have been made unless discharged orally Unless expressly in writing and signed by the party against whom such change or waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Share Exchange Agreement (Medical Makeover Corp of America)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party Party against whom such waiver is charged; and (i) the failure of any party Party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party Party of one breach by another party Party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement Note shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement Note or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement Note to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, failure and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided hereinin this Initial Agreement, no waiver of any covenant, condition, or provision of this Agreement agreement, shall be deemed to have been made unless made expressly in writing and signed by the party against whom such waiver is charged; and (ia) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Initial Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, ; and (iib) the acceptance of performance of anything required by this Agreement to be performed hereunder with the knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no No waiver of any covenant, agreement, condition, remedy, or provision of this Agreement Contract shall be deemed to have been made unless expressly made in writing and signed by the party against whom such a waiver is charged; and and, (ia) the failure of any a party to insist in on any one or more cases upon the performance of any of the provisions, covenants, provisions or conditions of this Agreement or to exercise any option herein contained Contract shall not be construed as a waiver thereof or as a relinquishment for the future of any such provisions, covenants, provision or conditions, condition; (iib) the acceptance of performance of anything required by this Agreement Contract to be performed with the knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure; and, and (iiic) no waiver by any a party of one a breach by another the other party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Superintendent Contract
Non-Waiver. Except as otherwise expressly provided hereinin this Agreement, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and and
(i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Acquisition Agreement
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (ia) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (iib) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iiic) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Agreement for the Exchange of Common Stock (Creative Vending Corp)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Security Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Security Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Security Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or of subsequent breach.
Appears in 1 contract
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, condition or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon up on the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, ; (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or of failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, ; and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Appears in 1 contract
Sources: Stock Exchange Agreement (Dme Interactive Holdings Inc)
Non-Waiver. Except as otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of the provisions, covenants, covenants or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, covenants or conditions, (ii) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, condition or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to of any other or subsequent breach.
Appears in 1 contract
Sources: Stock Purchase Agreement (Power 3 Medical Products Inc)