Waiver, Amendment, etc. This Agreement may not be amended or supplemented, and no waivers of or consents to departures from the provisions hereof shall be effective, unless set forth in a writing signed by, and delivered to, all the Parties. No failure or delay of any Party in exercising any power or right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.
Waiver, Amendment, etc. Except as otherwise permitted in this Agreement, this Agreement may not be amended or supplemented, unless set forth in a writing signed by, and delivered to, all the Parties. Except as otherwise permitted in this Agreement, the terms or conditions of this Agreement may not be waived unless set forth in a writing signed by the Party entitled to the benefits thereof. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of such provision at any time in the future or a waiver of any other provision hereof. The rights and remedies of the Parties are cumulative and not alternative. Except as otherwise provided in this Agreement, neither the failure nor any delay by any Party in exercising any right, power or privilege under this Agreement, or any of the other Ancillary Agreements or the documents referred to in this Agreement or therein will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege.
Waiver, Amendment, etc. Any of the terms or conditions of this Plan which may legally be waived may be waived at any time by any party hereto which is, or the shareholders of which are, entitled to the benefit thereof, by action taken or authorized by the Board of Directors of such party. Any of the terms or conditions of this Plan which may legally be amended or modified may be amended or modified in whole or in part at any time by an agreement in writing, executed in the same manner as this Plan after authorization to do so by the Boards of Directors of the parties hereto and by the shareholders of the parties hereto if such amendment would change the principal terms of this Plan. Any such amendment or modification made subsequent to the approval of this Plan by the shareholders of the Bank shall require the prior approval of the OCC and the FRB if, in the opinion of counsel for the Bank, such approval is necessary or appropriate.
Waiver, Amendment, etc. No provision of this Agreement may be changed, waived, discharged or discontinued, except by an instrument in writing signed by or on behalf of all parties hereto.
Waiver, Amendment, etc. This Agreement may not be amended or supplemented, and, no waivers of or consents to departures from the provisions hereof shall be effective, unless set forth in a writing signed by the Member.
Waiver, Amendment, etc. This Agreement may not be amended or supplemented, and no waivers of or consents to departures from the right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.
Waiver, Amendment, etc. This Agreement may not be amended or supplemented, and no waivers of or consents to departures from the provisions hereof shall be effective, unless set forth in a writing signed by, and delivered to, each Partner. No failure or delay of any Partner in exercising any power or right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power.
Waiver, Amendment, etc. The obligations of the Guarantor under this Guarantee shall not be affected, discharged or impaired by any act, omission, matter or thing which, but for this provision, might operate to reduce, release or prejudice the Guarantor from any of the Guaranteed Obligations or prejudice or diminish the Guaranteed Obligations in whole or in part, including (whether or not known to it, or Charterer):
(a) any time, consent or waiver granted to, or composition made with, Owner or Contractor, as applicable, or any other person;
(b) any incapacity or lack of powers, authority or legal personality of or dissolution or change in the members or status of, or any amalgamation or reconstruction of, Owner or Contractor, as applicable, or any other person;
(c) any variation of the Contract so that references to the Contract in this Guarantee shall include each variation;
(d) any unenforceability, illegality or invalidity of any obligation of any person under the Contract or any unenforceability, illegality or invalidity of the obligations of the Guarantor under this Guarantee or the unenforceability, illegality or invalidly of the obligations of any person under any other document or guarantee, to the intent that each obligation under this Guarantee shall remain in full force as a separate, continuing and primary obligation, and its obligations be construed accordingly, as if there were no unenforceability, illegality or invalidity;
(e) any variation, compromise, renewal, partial or entire release, neglect to perfect or enforce any right or remedy against Owner or Contractor, as applicable, or any guarantor or other party primarily or secondarily liable or responsible for the performance, payment or observance of any of the Guaranteed Obligations; or by any extension, waiver, or amendment whatsoever which may release Owner or Contractor, as applicable, or a guarantor (other than performance or indefeasible payment of a Guaranteed Obligation);
(f) the Charterer compounding with, discharging, releasing or varying the liability of Owner or Contractor, as applicable, or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or Contractor, as applicable,;
Waiver, Amendment, etc. No waiver, amendment or other modification of this Agreement shall be effective unless in writing and signed by each party to be bound thereby.
Waiver, Amendment, etc. Any of the terms or conditions of this ---------------------- Agreement which legally may be waived may be waived at any time by any Party hereto which is, or the shareholders of which are, entitled to the benefit thereof, by action taken or authorized by the Board of Directors of such Party, or any of such terms or conditions may be amended or modified in whole or in part at any time, to the extent authorized by applicable law, by an agreement in writing, executed in the same manner as this Agreement after authorization to do so by the Boards of Directors of the Parties hereto; provided, however that no such waiver, amendment or modification shall have a material adverse effect on the benefits intended to be received in the Merger pursuant to this Agreement by the holders of shares of Bank Common Stock.
