Variations and Waivers Sample Clauses

Variations and Waivers. 16.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of both parties and expressed to be such a variation. 16.2 No failure or delay by either party or time or indulgence given in exercising any remedy or right under or in relation to this Agreement shall operate as a waiver of the same, nor shall any single or partial exercise of any remedy or right preclude any further exercise of the same or the exercise of any other remedy or right. 16.3 No waiver by either party of any requirement of this Agreement, or of any remedy or right under this Agreement, shall have effect unless given in writing and signed by such party. No waiver of any particular breach of the provisions of this Agreement shall operate as a waiver of any repetition of such breach.

Variations and Waivers. 22.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of all the parties and expressed to be such a variation. 22.2 A waiver of any right, power, privilege or remedy provided by this Agreement must be in writing and may be given subject to any conditions thought fit by the grantor. For the avoidance of doubt, any omission to exercise, or delay in exercising, any right, power, privilege or remedy provided by this Agreement shall not constitute a waiver of that or any other right, power, privilege or remedy. 22.3 A waiver of any right, power, privilege or remedy provided by this Agreement shall not constitute a waiver of any other breach or default by the other party and shall not constitute a continuing waiver of the right, power, privilege or remedy waived or a waiver of any other right, power, privilege or remedy. 22.4 Any single or partial exercise of any right, power, privilege or remedy arising under this Agreement shall not preclude or impair any other or further exercise of that or any other right, power, privilege or remedy.

Variations and Waivers. 18.1 Subject to clause 3.3, no variation to or waiver of any part of this Agreement shall be valid or effective unless or until agreed to in writing by Northpower.

Variations and Waivers. No failure to exercise and no delay on the part of the Lender in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude any other or future exercise thereof or the exercise of any other right or power. The rights, powers and remedies herein provided are cumulative and not exclusive of any rights, powers or remedies provided by law.

Variations and Waivers. 18.2.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of the Buyer, the Sellers’ Representative and the Fund Sellers, provided that the written consent of the Fund Sellers shall only be required to the extent such variation would adversely and disproportionately affect the rights, preferences and privileges of the Fund Sellers, and expressed to be such a variation. 18.2.2 No failure or delay by any party or time or indulgence given in exercising any remedy or right under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy or right, power or privilege preclude any further exercise of the same or the exercise of any other remedy or right. 18.2.3 No waiver by any party of any requirement of this Agreement, or of any remedy or right under this Agreement, shall have effect unless given in writing and signed by such party. No waiver of any particular breach of the provisions of this Agreement shall operate as a waiver of any repetition of such breach. 18.2.4 No waiver, release or compromise or any other arrangement of any kind whatsoever that any party gives or enters into with any other party in connection with this Agreement shall affect any right or remedy of such party as regards any other parties or the liabilities of any other such parties under or in relation to this Agreement.

Variations and Waivers. 9.1 Subject to the following provisions of this Clause 9, the Applicant and the Issuer shall be bound by any variation, waiver or suspension of any provision of this Agreement which is evidenced by a document signed by, or by an exchange of emails between, the Applicant and the Issuer. 9.2 No right or remedy to which the Issuer is entitled under or in connection with this Agreement shall be adversely affected by a variation, waiver or suspension made in relation to this Agreement except as specifically stated by the variation, waiver or suspension. 9.3 Except as set out in the previous provisions of this Clause 9, no act, course of conduct, failure or neglect to act or acquiescence on the part of the Issuer (or any person acting on behalf of the Issuer) shall result in the Issuer (or any person acting on behalf of the Issuer) being taken to have waived, or being precluded (permanently or temporarily) from enforcing or relying on: (a) a provision of this Agreement; or (b) its rights in respect of a breach by the Applicant of an obligation under this Agreement or the general law; or (c) any right under the general law, including any right arising out of a breach such as is described in paragraph (b) above.

Variations and Waivers. 7.1 The Purchaser reserves the right to require changes to the Services (a Service Variation) for any reason, including to meet the Purchaser’s policy prevailing at the time but so as not to constitute a material variation to the Contract. 7.2 The Purchaser shall give reasonable written notice of any such Service Variation to the Provider. Reasonable notice shall be deemed to have been given if it is either:- 7.2.1 three months’ notice for changes to the Service Specification which the Purchaser considers will result in more or less Personnel being required or significantly more costs being incurred by the Provider; or 7.2.2 one month’s notice in any other case. 7.3 In the event of a Service Variation, the Contract Price may also be varied. Such variation shall be calculated by the Purchaser and agreed in writing with the Provider and shall be an amount which properly and fairly reflects the nature and extent of the Service Variation. Otherwise, the Contract Price prevailing at the time of the Service Variation shall be used as the basis for valuing such Service Variation, in so far as may be reasonable, and otherwise a fair valuation shall be made. 7.4 The Provider shall promptly provide such information as may be reasonably required to enable such a variation in the Contract Price to be calculated. 7.5 In the event of dispute, the matter shall be determined in accordance with the dispute resolution procedure at Clause 30. 7.6 The Purchaser and Provider may vary the Contract by mutual written consent. 7.7 Failure by a party to insist on strict performance of the Contract or to exercise any right or remedy on breach of any provision of the Contract shall not constitute a waiver of the Contract Clauses or a waiver of any subsequent breach or default in the performance of the Contract. The rights and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by Law.

Variations and Waivers. This Agreement may not be varied except by an agreement in writing signed by the Parties.

Variations and Waivers. 27.1 Required consents (a) Subject to Clause 27.2 (Exceptions) and Clause 27.4 (Replacement of Screen Rate), any term of the Finance Documents may be amended or waived only with the consent of the Lender and the Borrower and any such amendment or waiver will be binding on the Lender and the Borrower.