Common use of Waiver; Amendment Clause in Contracts

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 57 contracts

Samples: Employment Agreement (Premier Exhibitions, Inc.), Employment Agreement (Premier Exhibitions, Inc.), Consulting Agreement (Premier Exhibitions, Inc.)

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Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized representatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 50 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Waiver; Amendment. The waiver by any either party of or the failure by either party to this Agreement of claim a breach of any provision hereof by any other party of this Agreement shall not be, or be construed as held to be, a waiver of any subsequent breach by or affect in any partyway the further effectiveness of any such provision. No provision term or condition of this Agreement may be terminated, amended, supplemented, waived or modified other than except by an instrument in writing signed agreement by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtparties in writing.

Appears in 37 contracts

Samples: Open Access License Agreement, Open Access License Agreement, Open Access License Agreement

Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or modification or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized representatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 23 contracts

Samples: Product Agreement (AmpliTech Group, Inc.), Software Upgrade License Agreement, Design License Agreement

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 8 contracts

Samples: Employment Agreement (Consolidated Tomoka Land Co), Employment Agreement (Consolidated Tomoka Land Co), Employment Agreement (Consolidated Tomoka Land Co)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 8 contracts

Samples: Employment Agreement (Mackie Designs Inc), Employment Agreement (Mackie Designs Inc), Employment Agreement (Schmitt Industries Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any partybreach. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing writing, signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 6 contracts

Samples: Employment Agreement (Tegal Corp /De/), Employment Agreement (Tegal Corp /De/), Employment Agreement (Tegal Corp /De/)

Waiver; Amendment. The No waiver by a party of any party to this Agreement of a breach of any provision hereof by any other party of this Agreement shall not be construed as deemed to be a waiver of any preceding or subsequent breach by of the same or similar nature or of any partyother provision of this Agreement. No Any waiver shall be limited to the specific instance and purpose for which it is given. Any amendment, modification or waiver of any term or provision of this Agreement may shall only be terminatedeffective if such amendment, amended, supplemented, waived modification or modified other than waiver is evidenced by an instrument in writing signed duly executed by the party against whom the enforcement each of the termination, amendment, supplement, waiver or modification is soughtparties hereto.

Appears in 3 contracts

Samples: Mutual Cooperation and Joint Venture Agreement (Viral Genetics Inc /De/), Mutual Cooperation and Joint Venture Agreement (Interlock Services Inc), Services Agreement (Viral Genetics Inc /De/)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.. ​

Appears in 3 contracts

Samples: Employment Agreement (CTO Realty Growth, Inc.), Employment Agreement (CTO Realty Growth, Inc.), Employment Agreement (CTO Realty Growth, Inc.)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement hereto of a breach by the other party of any provision hereof by any other party of this Agreement shall not operate or be construed as a continuing waiver or a waiver of any subsequent breach by any such party. No provision of this Agreement may Except as otherwise provided herein, no waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument valid unless in writing and signed by the party against whom exercising such waiver. Any modification or amendment of this Agreement shall be in writing and signed by the enforcement of the termination, amendment, supplement, waiver or modification is soughtparties hereto.

Appears in 3 contracts

Samples: Reinsurance Agreement (Provident American Corp), Reinsurance Agreement (Forever Enterprises Inc), Reinsurance Agreement (Ceres Group Inc)

Waiver; Amendment. The Any waiver by any either party to this Agreement hereto of a breach or a default of any provision hereof of this Agreement by any other party hereto shall not be construed as a waiver of any subsequent succeeding breach of the same or any other provision, nor shall any delay or omission on the part of any party hereto to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by any such party. No provision Any amendment or supplementation of this Agreement may shall be terminated, amended, supplemented, waived or modified other than by an instrument effective only if in writing signed by the party against whom the enforcement both of the termination, amendment, supplement, waiver or modification is soughtParties hereto.

Appears in 2 contracts

Samples: Contract Manufacturing Agreement, Contract Manufacturing Agreement (Noven Pharmaceuticals Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a or breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 2 contracts

Samples: Employment Agreement (Dac Technologies Group International Inc), Employment Agreement (Dac Technologies Group International Inc)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 2 contracts

Samples: Consulting Agreement (XRG Inc), Employment Agreement (XRG Inc)

Waiver; Amendment. The No waiver by of any party to this Agreement of a breach of any provision hereof by any other party of this Agreement shall not be construed as to be, or shall be, a waiver of any subsequent other breach by any partyof this Agreement. No provision of this Agreement may waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument binding unless in writing and signed by the party against whom waiving the enforcement breach. This Agreement may be modified only with a written instrument duly executed by each of the termination, amendment, supplement, waiver or modification is sought.parties

Appears in 2 contracts

Samples: Consulting and Advisory Services Agreement (Fi Tek Vii Inc), Consulting and Advisory Services Agreement (Ronco Corp)

Waiver; Amendment. The No waiver by of any party to this Agreement of a breach of any provision hereof by any other party of this Agreement shall not be construed as to be, or shall be, a waiver of any subsequent other breach by any partyof this Agreement. No provision of this Agreement may waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument binding unless in writing and signed by the party against whom waiving the enforcement breach. This Agreement may be modified only with a written instrument duly executed by both of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 2 contracts

Samples: Consulting and Advisory Services Agreement (Powell Industries Inc), Separation Agreement (Live Nation Entertainment, Inc.)

Waiver; Amendment. The waiver by any party to this Agreement of a breach of any provision hereof by any other party shall will not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived waived, or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 2 contracts

Samples: Employment Agreement (Healthsport, Inc.), Employment Agreement (Healthsport, Inc.)

Waiver; Amendment. The No waiver by of any party to breach of this Agreement of a breach of any provision hereof by any other party shall not be construed as constitute a waiver of any subsequent breach by of the same or any party. No other provision of this Agreement, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement may not be terminated, amended, supplemented, waived modified or modified other than by an instrument amended except in a writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtboth parties.

Appears in 2 contracts

Samples: License Agreement, Educational License Agreement

Waiver; Amendment. The waiver by any party to this the Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this the Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 1 contract

Samples: Employment Agreement (Premier Exhibitions, Inc.)

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Waiver; Amendment. The A waiver by any party to this Agreement of a breach of any provision hereof by any other party of this Agreement shall not be construed as deemed to be a waiver of any subsequent succeeding breach by of the same or any party. No other provision of this Agreement. No amendment of this Agreement may shall be terminated, amended, supplemented, waived valid or modified other than by an instrument binding unless set forth in writing signed and duly executed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtParties.

Appears in 1 contract

Samples: Sales Contracts (XZERES Corp.)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement Party hereto of a breach by another Party of any provision hereof by any other party of this Agreement shall not operate or be construed as a continuing waiver or a waiver of any subsequent breach by any partysuch Party. No provision Except as otherwise provided herein, no waiver shall be valid unless in writing and signed by the Party exercising such waiver. Any modification or amendment of this Agreement may shall be terminated, amended, supplemented, waived or modified other than by an instrument in writing and signed by the party against whom the enforcement all of the termination, amendment, supplement, waiver or modification is soughtParties hereto.

Appears in 1 contract

Samples: Assumption Reinsurance Agreement (US Alliance Corp)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement hereto of a breach by the other party of any provision hereof by any other party of this Agreement shall not operate or be construed led as a continuing waiver or a waiver of any subsequent breach by any such party. No provision of this Agreement may Except as otherwise provided herein, no waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument valid unless in writing and signed by the party against whom exercising such waiver. Any modification or amendment of this Agreement shall be in writing and signed by the enforcement of the termination, amendment, supplement, waiver or modification is soughtparties hereto.

Appears in 1 contract

Samples: Reinsurance Agreement (Provident American Corp)

Waiver; Amendment. The waiver by any party to this Agreement of a or breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived waived, or modified other than by an instrument all instruments in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver waiver, or modification is sought.

Appears in 1 contract

Samples: Employment Agreement (Dac Technologies Group International Inc)

Waiver; Amendment. The waiver by any party to of this Agreement agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. parry No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.agreement may

Appears in 1 contract

Samples: Employment Agreement (Innova Pure Water Inc /Fl/)

Waiver; Amendment. The waiver by any party to of this Agreement of a breach of any provision hereof by any other party shall not be construed as a waiver of any subsequent breach by any party. No provision of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.

Appears in 1 contract

Samples: Royalty Agreement (Innova Pure Water Inc /Fl/)

Waiver; Amendment. The Except as provided herein, any waiver by any party to this Agreement Party hereto of a breach by any other Party of any provision hereof by any other party of this Agreement shall not operate or be construed as a continuing waiver or a waiver of any subsequent breach by any partysuch Party. No provision Except as otherwise provided herein, no waiver shall be valid unless in writing and signed by the Party exercising such waiver. Any modification or amendment of this Agreement may shall be terminated, amended, supplemented, waived or modified other than by an instrument in writing and signed by the party against whom the enforcement all of the termination, amendment, supplement, waiver or modification is soughtParties hereto.

Appears in 1 contract

Samples: Quota Share Reinsurance Agreement (Universal American Financial Corp)

Waiver; Amendment. The No waiver by any party to this Agreement of a any breach of any term or provision hereof by any other party of this Agreement shall not be construed as to be, nor be, a waiver of any subsequent preceding, concurrent or succeeding breach by of this Agreement or of any party. No other term or provision of this Agreement may Agreement. No waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument binding on the part of any party unless set forth in a writing signed by the party against whom the enforcement such party. This Agreement may not be modified except by a written agreement signed by an authorized representative of the termination, amendment, supplement, waiver or modification is soughteach party.

Appears in 1 contract

Samples: Mutual Termination Agreement (Viracta Therapeutics, Inc.)

Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of this Agreement may be terminated, amended, supplemented, waived or modified other than by an instrument in writing signed by the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is sought.or amendment to this

Appears in 1 contract

Samples: Site License Agreement

Waiver; Amendment. The No waiver by either party of any breach by the other party to of any of the provisions of this Agreement of a breach of any provision hereof by any other party shall not be construed as deemed a waiver of any subsequent preceding or succeeding breach by any partyof the same or other provision hereof. No provision of this Agreement may such waiver shall be terminated, amended, supplemented, waived or modified other than by an instrument effective unless in writing signed by and then only to the party against whom the enforcement of the termination, amendment, supplement, waiver or modification is soughtextent expressly set forth in writing.

Appears in 1 contract

Samples: Training Grant Services Agreement (First Advantage Corp)

Waiver; Amendment. The waiver No waiver, express or implied, by either party of any right or remedy for any breach by the other party to this Agreement of a breach of any provision hereof by of this Agreement will be deemed or construed to be a waiver of any other party shall not be construed succeeding breach of such provision or as a waiver of the provision itself or of any subsequent other breach by any partyor provision. No provision waiver of or amendment to this Agreement may will be terminated, amended, supplemented, waived or modified other than effective unless reduced to writing and executed by an instrument in writing signed by the party against whom the enforcement authorized represen- tatives of the termination, amendment, supplement, waiver or modification is soughtparties.

Appears in 1 contract

Samples: End User License Agreement

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