Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 6 contracts
Samples: Transition Services Agreement (Walter Industries Inc /New/), Transition Services Agreement (Mueller Water Products, Inc.), Transition Services Agreement (Walter Investment Management Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 6 contracts
Samples: Merger Agreement (Telecomm Sales Network Inc), Merger Agreement (Allmarine Consultants CORP), Merger Agreement (Frost Hanna Capital Group Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party Party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, waiver or extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by Party against whom such party waiver or extension is sought to execute waivers, extensions or amendments on its behalfbe charged. No waiver by any party Party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such Party’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Services Agreement. No failure by any party hereto Party thereof to take any action against any breach of this Services Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty. This Agreement may not be amended except by an instrument in writing signed on behalf of all of the Parties hereto.
Appears in 5 contracts
Samples: Asset Acquisition Agreement (Mesa Laboratories Inc /Co), Asset Acquisition Agreement (Mesa Laboratories Inc /Co), Asset Purchase Agreement (Mesa Laboratories Inc /Co)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Launch Media Inc), Stock Purchase Agreement (Heico Corp), Stock Purchase Agreement (Heico Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed by or on behalf of the appropriate party by a Person who has been authorized by each such party to execute waivers, extensions or amendments on its behalfparty. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 4 contracts
Samples: Employment Agreement (Heico Corp), Stock Purchase Agreement (Heico Corp), Employment Agreement (Heico Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its Chairman, President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Digital Angel Corp), Share Exchange Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Digital Angel Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been an officer authorized by such party to execute waivers, extensions or amendments on its behalfamendments. No waiver by any party heretoparty, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 3 contracts
Samples: Supplier Agreement (Sunwin International Neutraceuticals, Inc.), Paclitaxel Supply Agreement (Hauser Inc), Paclitaxel Supply Agreement (Hauser Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party (in the case of the Purchaser by a Person its President, any Vice President or any other person who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf). No waiver by any party hereto, whether express or implied, of its such party's rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Preiss Byron Multimedia Co Inc), Stock Purchase Agreement (Preiss Byron Multimedia Co Inc), Asset Purchase Agreement (Hariston Corp)
Waiver and Amendment. Any representation, warranty, covenant, -------------------- term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its Chairman, President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Applied Digital Solutions Inc), Stock Purchase Agreement (Applied Digital Solutions Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, thereof and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its their behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Iconix Brand Group, Inc.), Asset Purchase Agreement (NexCen Brands, Inc.), Asset Purchase Agreement (Iconix Brand Group, Inc.)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provisions provision of this Agreement shall constitute a waiver of such party's rights under such Provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Posner Michael), Stock Purchase Agreement (Mizar Energy Co), Stock Purchase Agreement (Hboa Com Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, thereof and any term, condition or covenant hereto hereof may be amended by the parties Parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (XCel Brands, Inc.), Asset Purchase Agreement (XCel Brands, Inc.)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Services Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another the other party shall constitute a waiver of the former such party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 2 contracts
Samples: Purchase Agreement (Emcor Group Inc), Purchase Agreement (Comfort Systems Usa Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party its board of directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or of default by such other party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (U S Diagnostic Inc), Stock Purchase Agreement (Alliance Imaging Inc /De/)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (L 3 Communications Corp), Asset Purchase Agreement (Curtiss Wright Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto Party entitled to the benefit thereof, and any term, condition . No waiver or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be valid or effective unless evidenced by an instrument in writing executed on behalf of by the appropriate party Party. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfthe Purchaser and the Seller. No waiver by any party heretoParty, whether express intentional or impliednot, of its rights under any provision of this Agreement shall constitute a waiver of such Party's rights under such provisions at any other time or a waiver of such party’s Party's rights under any other provision of this Services Agreement. No failure by any party hereto Party to take any action against any breach of this Services Agreement or default by another party Party shall constitute a waiver of the former party’s Party's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Qep Co Inc), Stock Purchase Agreement (Able Telcom Holding Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party parties hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfparty. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 2 contracts
Samples: Voting Agreement (Ivax Corp /De), Voting Agreement (Ivax Corp /De)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Dreams Inc), Asset Purchase Agreement (Flowserve Corp)
Waiver and Amendment. Any representation, warranty, covenant, -------------------- term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfparty. No waiver by any party hereto, whether express or implied, hereto of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties mutual agreement of the Parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been an officer authorized by such party to execute such waivers, extensions or amendments on its behalfamendments. No waiver by any party heretoeither Party, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such Party’s rights under such provisions at any other time or a waiver of such partyParty’s rights right under any other provision of this Services Agreement. No failure by any party hereto Party to strictly enforce any of the provisions of this Agreement, to exercise any right under this Agreement, or to take any action against any breach of this Services Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Services Agreement Agreement, to exercise such right or to take action against such breach or default or any subsequent breach or default by such other partyParty.
Appears in 1 contract
Samples: Process Development Agreement (Context Therapeutics Inc.)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of in this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any ; PROVIDED, HOWEVER, that no such waiver, extension amendment or amendment waiver shall be evidenced by an instrument effective unless in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfwriting. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto thereof to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, -------------------- covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may be legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument aninstrument in writing executed on behalf of by the appropriate party Director and by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfthe Company and the Bank. No waiver by any party hereto, whether express or implied, of its rights under any provisions provision of this 95 Agreement shall constitute a waiver of such party's rights under such provision at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Merger Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, thereof and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Merger Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Merger Agreement. No failure by any party hereto to take any action against any breach of this Services Merger Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Merger Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which that may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the unanimous written consent of the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against with respect to any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against with respect to such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Samples: Equity Purchase Agreement (MGM Resorts International)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof hereof extended, at any time by the party hereto entitled to the benefit thereofhereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party Party hereto entitled to the benefit thereof, and any term, condition or covenant hereto may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party Party by a Person person who has been authorized by such party Party to execute waivers, waivers or extensions or amendments on its behalf. Any term, condition or covenant hereof may be amended by the Parties hereto at any time by a written instrument executed by all the Parties. No waiver by any party Party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such Party’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Services Agreement. No failure by any party Party hereto to take any action against any breach of this Services Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party its partners or board of directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Samples: Registration Rights Agreement (Intertape Polymer Group Inc)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been an officer authorized by such party to execute waivers, extensions or amendments on its behalfamendments. No waiver by any party heretoparty, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Samples: License and Commercialisation Agreement (Biotie Therapies Corp.)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the unanimous written consent of the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against with respect to any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against with respect to such breach or default or any subsequent breach or default by such other party.
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Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement AGREEMENT which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this AGREEMENT shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services AgreementAGREEMENT. No failure by any party hereto thereof to take any action against any breach of this Services Agreement AGREEMENT or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement AGREEMENT or to take action against such breach or default or any subsequent breach or default by such other party.
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Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person person who has been authorized by such party its shareholders or board of directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Samples: Acquisition Agreement (International Assets Holding Corp)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall will be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party an officer authorised to execute waivers, extensions or amendments on its behalfamendments. No waiver by any party heretoparty, whether express or implied, of its rights under any provision of this Agreement will constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall will constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Samples: Product Collaboration and Development Services Agreement (Ivax Corp /De)
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto thereof to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfparties. No waiver by any party heretowaiver, whether express or implied, by any party hereto of its such party’s rights under any provisions provision of this Agreement shall constitute a waiver of such party’s rights under such provision at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
Appears in 1 contract
Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who has been authorized by such party to execute waivers, extensions or amendments on its behalfparty. No waiver by any party hereto, whether express or implied, hereto of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof may be amended by the parties hereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person who person who, to the extent applicable, has been authorized by such party its board of directors or the Company Board of Directors, as applicable, to execute waivers, extensions or amendments on its behalf. No waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party’s rights under such provisions at any other time or a waiver of such party’s rights under any other provision of this Services Agreement. No failure by any party hereto to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Services Agreement which may legally be waived, may be waived, or the time of performance thereof extended, at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereto hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties hereto thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party by a Person its President or any Vice President or other person, who has been authorized by such party its Board of Directors to execute waivers, extensions or amendments on its behalf. No Except as otherwise expressly provided in this Agreement, no waiver by any party hereto, whether express or implied, of its rights under any provision of this Agreement shall constitute a waiver of such party's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Services Agreement. No failure by any party hereto thereof to take any action against any breach of this Services Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Services Agreement or to take action against such breach or default or any subsequent breach or default by such other party.
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