Common use of VARIATION AND WAIVER Clause in Contracts

VARIATION AND WAIVER. 14.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement (Capital Markets Technologies, Inc.), Share Purchase Agreement (Capital Markets Technologies, Inc.)

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VARIATION AND WAIVER. 14.1 17.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 17.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 17.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 17.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 17.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 17.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement (Gallagher Arthur J & Co), Share Purchase Agreement (O'Gara Group, Inc.)

VARIATION AND WAIVER. 14.1 16.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 16.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 16.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 16.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 16.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 16.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement (Netsol Technologies Inc), Share Purchase Agreement (Emrise CORP)

VARIATION AND WAIVER. 14.1 17.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 17.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 17.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 17.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 17.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 17.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement (PRGX Global, Inc.), Sale and Purchase Agreement (Symmetry Medical Inc.)

VARIATION AND WAIVER. 14.1 15.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 15.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and and, except as to the circumstances specifically associated with such waiver, shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 15.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 15.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 15.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 15.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Quanex Building Products CORP)

VARIATION AND WAIVER. 14.1 Any 17.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or on behalf their authorised representatives). Each of the partiesSellers hereby appoints the Sellers’ Representatives as his authorised representatives for such purposes. 14.2 Any 17.2 A waiver of any right or remedy under this agreement or by law is only effective if it is given in writing and it applies signed by the person waiving such right or remedy. Any such waiver shall apply only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the be deemed a waiver from subsequently relying on the provision it has waivedof any subsequent breach or default. 14.3 17.3 A failure or delay by any person to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy. 17.4 A party that waives a right or remedy provided under this agreement or by law in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Summit Therapeutics PLC)

VARIATION AND WAIVER. 14.1 16.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 16.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 16.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 16.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy remedy, or shall prevent any future exercise in whole or in part thereof. 14.5 16.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 16.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Four Rivers Bioenergy Inc.)

VARIATION AND WAIVER. 14.1 18.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 18.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 18.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 18.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 18.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 18.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law, and the indemnity in clause 11 and the Warranties shall be in addition to, and shall not be construed to limit, affect or prejudice, any other right or remedy available to any Indemnified Person.

Appears in 1 contract

Samples: Placing Agreement

VARIATION AND WAIVER. 14.1 Any variation of this agreement Agreement shall be in writing and signed by or on behalf of the parties. 14.2 Any waiver of any right under this agreement Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Blyth Inc)

VARIATION AND WAIVER. 14.1 12.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 12.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 12.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 12.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 12.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 12.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Subscription Agreement (Omnireliant Holdings, Inc.)

VARIATION AND WAIVER. 14.1 19.1 Any variation of this agreement Agreement shall be in writing and signed by or on behalf of the parties. 14.2 19.2 Any waiver of any right under this agreement Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waivedwaived in relation to circumstances other than those in respect of which the waiver has been given. 14.3 19.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 19.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 19.5 No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 19.6 Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Victor Technologies Group, Inc.)

VARIATION AND WAIVER. 14.1 Any 21.1. A variation of this agreement Agreement shall be in writing and signed by or on behalf of the partieseach party. 14.2 21.2. Any waiver of any right under this agreement Agreement is only effective if it is in writing and signed by the waiving or consenting party and it applies only to the party person to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver or consent from subsequently relying on the provision it has waived. 14.3 21.3. A party that waives a right in relation to one party, or takes or fails to take any an action against that party, does not affect its rights in relation to any other party. 14.4 21.4. No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 21.5. No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 21.6. Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Business Purchase Agreement

VARIATION AND WAIVER. 14.1 12.1 Any variation of this agreement Agreement shall be in writing and signed by or on behalf of the parties. 14.2 12.2 Any waiver of any right under this agreement Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 12.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 12.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 12.5 No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 12.6 Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Navios Maritime Holdings Inc.)

VARIATION AND WAIVER. 14.1 10.1 Any variation of this agreement Deed shall be in writing and signed by or on behalf of the parties. 14.2 10.2 Any waiver of any right under this agreement Deed is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 10.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 10.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement Deed or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 10.5 No single or partial exercise of any right or remedy under this agreement Deed shall preclude or restrict the further exercise of any such right or remedy. 14.6 10.6 Unless specifically provided otherwise, rights arising under this agreement Deed are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Deed of Variation and Settlement (Ace Comm Corp)

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VARIATION AND WAIVER. 14.1 21.1. Any variation of this agreement Agreement shall be in writing and signed by or on behalf of the partiesall Parties. 14.2 21.2. Any waiver of any right under this agreement Agreement is only effective if it is in writing writing, and it applies only to the party person to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 21.3. A party person that waives a right in relation to one party, or takes or fails to take any action against that party, person does not affect its rights in relation to against any other party. 14.4 21.4. No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall will prevent any future exercise in whole or in part thereof. 14.5 21.5. No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 21.6. Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Stock Purchase Agreement (Coda Octopus Group, Inc.)

VARIATION AND WAIVER. 14.1 12.1. Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 12.2. Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 12.3. A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 12.4. No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy remedy, or shall prevent any future exercise in whole or in part thereof. 14.5 12.5. No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 12.6. Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Greenworld Development, Inc.)

VARIATION AND WAIVER. 14.1 15.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 15.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 15.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 15.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 15.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 15.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Gse Systems Inc)

VARIATION AND WAIVER. 14.1 19.1 Any variation of this agreement Agreement shall be in writing and signed by or on behalf of the parties. 14.2 19.2 Any waiver of any right under this agreement Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 19.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 19.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 19.5 No single or partial exercise of any right or remedy under this agreement Agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 19.6 Unless specifically provided otherwise, rights arising under this agreement Agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Ace Comm Corp)

VARIATION AND WAIVER. 14.1 Any 17.1 No variation of this agreement shall be effective unless it is in writing and signed by or on behalf the Buyer and a member of the partiesSellers’ Representative. 14.2 Any 17.2 A waiver of any right or remedy under this agreement is only effective if it is given in writing and it applies is signed by the person waiving such right or remedy. Any such waiver shall apply only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the be deemed a waiver from subsequently relying on the provision it has waivedof any subsequent breach or default. 14.3 17.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 No 17.4 A failure or delay by any person to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes shall not constitute a waiver of such that or any other right or remedy remedy, nor shall it preclude or shall prevent restrict any future further exercise in whole of that or in part thereofany other right or remedy. 14.5 17.5 No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of that or any such other right or remedy. 14.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement

VARIATION AND WAIVER. 14.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given given, and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy remedy, or shall prevent any future exercise in whole or in part thereof. 14.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Greenworld Development, Inc.)

VARIATION AND WAIVER. 14.1 12.1 Any variation of this agreement shall be in writing and signed by or on behalf of the parties. 14.2 12.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party who has given the waiver from subsequently relying on the provision it has waived. 14.3 12.3 A party that waives a right in relation to one party, or takes or fails to take any action against that party, does not affect its rights in relation to any other party. 14.4 12.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 14.5 12.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 12.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Micrus Endovascular Corp)

VARIATION AND WAIVER. 14.1 15.1 Any variation of this agreement shall be in writing and signed by or on behalf of the partiesParties. 14.2 15.2 Any waiver of any right under this agreement is only effective if it is in writing and it applies only to the party Party to whom the waiver is addressed and to the circumstances for which it is given and shall not prevent the party Party who has given the waiver from subsequently relying on the provision it has waived. 14.3 15.3 A party Party that waives a right in relation to one partyParty, or takes or fails to take any action against that partyParty, does not affect its rights in relation to any other partyParty. 14.4 15.4 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereofof it. 14.5 15.5 No single or partial exercise of any right or remedy under this agreement shall preclude or restrict the further exercise of any such right or remedy. 14.6 15.6 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Appears in 1 contract

Samples: Share Purchase Agreement (Techne Corp /Mn/)

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