Common use of WAIVER, AMENDMENT AND ASSIGNMENT Clause in Contracts

WAIVER, AMENDMENT AND ASSIGNMENT. The failure of X.X. X’Xxxxx to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor in any way to affect the validity of this Agreement or the right of X.X. X’Xxxxx thereafter to enforce each and every provision hereof. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. No waiver or amendment shall be implied from any conduct, action, or inaction. No provision of this Agreement may be waived or amended by Client unless such waiver or amendment is in writing and signed by an authorized officer of X.X. X’Xxxxx. X.X. X’Xxxxx may assign, transfer, sell or otherwise convey its rights and obligations hereunder to another FCM upon notice. This Agreement shall be binding upon Client’s personal representatives and legal successors and shall inure to the benefit of X.X. X’Xxxxx’x successors by merger, assignment, consolidation or otherwise.