Common use of Waiver, Amendment or Modification Clause in Contracts

Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 10 contracts

Samples: Master Software License Agreement, Software License Agreement, Master Software License Agreement

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Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documentsboth parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 7 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Software License Agreement

Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documentsboth parties. No failure or delay by either party in exercising any rightanyright, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 1 contract

Samples: Professional Services

Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party Party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be added to, amended or changed modified by the terms of any purchase order order, acknowledgement, or acknowledgement even though Licensor may have accepted or signed such documentsother form. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 1 contract

Samples: Contributing Institution Agreement

Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement acknowledgment even though Licensor may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereofthereof or as to any future breach.

Appears in 1 contract

Samples: Agreement of Sale for Hardware and Third Party Software (Pinnacle Financial Partners Inc)

Waiver, Amendment or Modification. The waiver, amendment amendment, or modification of any provision of this Agreement Agreement, or any right, power power, or remedy hereunder hereunder, shall not be effective unless made in writing and signed by the party against whom enforcement of such waiverwaiver is sought, amendment or in the case of amendment, or modification is soughtunless signed by both parties. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement issued by Customer even though Licensor Clear Ballot may have accepted or signed such documents. No failure or delay by either party in exercising any right, power power, or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 1 contract

Samples: Master Services Agreement

Waiver, Amendment or Modification. The waiver, amendment amendment, or modification of any provision of this Agreement or of any right, power power, or remedy hereunder under this Agreement shall not be effective unless made in writing and signed by the party Party against whom enforcement of such waiver, amendment amendment, or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documents. No failure or delay by either party any Party in exercising any rightits respective rights, power powers, or remedy remedies with respect to any of its rights hereunder the provisions of this Agreement shall operate as a waiver thereofwaiver.

Appears in 1 contract

Samples: Data Transfer Agreement

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Waiver, Amendment or Modification. The Any waiver, amendment or modification of any provision of this Agreement Agreement, or any right, power or remedy hereunder shall not be effective unless made in writing writing, and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights rights, obligations or powers hereunder shall operate as a waiver thereof, or a waiver of any other provision of this Agreement.

Appears in 1 contract

Samples: License Agreement (Mypoints Com Inc)

Waiver, Amendment or Modification. The Any waiver, amendment or modification of any provision of the provisions of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 1 contract

Samples: Mail Service Provider Agreement (National Medical Health Card Systems Inc)

Waiver, Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is soughtboth Parties which expressly states an intent to modify this Agreement. The terms of this Agreement shall not be amended or changed by the terms of any purchase order acknowledgment or acknowledgement other form document, even though Licensor Axia may have accepted or signed such documents. No failure or delay by either party Party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof.

Appears in 1 contract

Samples: Master Agreement (Nuvo Group Ltd.)

Waiver, Amendment or Modification. No failure or delay by either Party in exercising any right, power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver thereof. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party Party against whom enforcement of such waiver, amendment or modification is sought. The terms This Agreement may only be modified pursuant to the written agreement of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgement even though Licensor may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereofboth parties.

Appears in 1 contract

Samples: Application Service Provider Agreement

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