Common use of Waiver; Amendment; Modification Clause in Contracts

Waiver; Amendment; Modification. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 8 contracts

Samples: Competitor and Advisor Agreement, Competitor Agreement, Competitor Agreement

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Waiver; Amendment; Modification. Except as otherwise provided aboveprovided, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 8 contracts

Samples: Distribution Agreement (Trans1 Inc), Distribution Agreement (Trans1 Inc), Sales Representative Agreement (Micro Therapeutics Inc)

Waiver; Amendment; Modification. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement AGREEMENT will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other subsequent instances.

Appears in 3 contracts

Samples: Competitor Agreement, Competitor Agreement, Competitor Agreement

Waiver; Amendment; Modification. Except as otherwise provided above, any Any waiver, amendment or other ------------------------------- modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver failure by either party of to exercise any of its rights or remedies in a particular instance hereunder will not be construed as deemed a waiver of such rights in the same future or different right or remedy in a waiver of any other instancesrights under this Agreement.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Savoir Technology Group Inc/De), Stock Purchase Agreement (Western Micro Technology Inc), Stock Purchase Agreement (Western Micro Technology Inc /De)

Waiver; Amendment; Modification. Except as otherwise provided above, any waiver, amendment amendment, or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 2 contracts

Samples: Partner Agreement, Partner Agreement

Waiver; Amendment; Modification. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 2 contracts

Samples: Distributor Agreement, Distributor Agreement (Ultradata Corp)

Waiver; Amendment; Modification. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party Party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 2 contracts

Samples: Software License and Support Agreement (Rurbanc Data Services Inc), Reseller Software License and Support Agreement (Rurbanc Data Services Inc)

Waiver; Amendment; Modification. Except as otherwise provided above, any Any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 1 contract

Samples: Distribution License Agreement (Molecular Simulations Inc)

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Waiver; Amendment; Modification. Except as otherwise provided aboveherein, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instancesboth parties.

Appears in 1 contract

Samples: Education Services Agreement

Waiver; Amendment; Modification. Except as otherwise provided above, any Any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver failure by either party of to exercise any of its rights or remedies in a particular instance hereunder will not be construed as deemed a waiver of such rights in the same future or different right or remedy in a waiver of any other instancesrights under this Agreement.

Appears in 1 contract

Samples: Solution Provider Agreement (Savoir Technology Group Inc/De)

Waiver; Amendment; Modification. Except as otherwise provided above, any Any waiver, amendment or other modification of this Agreement will shall not be effective unless in writing and signed by the party against whom enforcement is sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 1 contract

Samples: Vendor Merchandise Agreement

Waiver; Amendment; Modification. Except as otherwise provided above, any Any waiver, amendment amendment, or other modification of this Agreement will shall not be effective unless in writing and signed by the party Party against whom enforcement is in sought. The waiver by either party of any of its rights or remedies in a particular instance will not be construed as a waiver of the same or different right or remedy in other instances.

Appears in 1 contract

Samples: Contractual Joint Venture Agreement

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