Common use of Waiver and Amendment Clause in Contracts

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party against whom such waiver, extension or amendment is sought to be charged. 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 Agreement. No failure by any party thereof to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party against whom such waiver, extension or amendment is sought to be charged. 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Agreement which may legally be waived, may be waived, or the time of performance thereof extended, waived at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto hereto at any timetime by written agreement. Any such waiver, extension waiver or amendment shall be evidenced by an instrument in writing executed on behalf of the appropriate party against whom such waiverby a person who, extension to the extent applicable, has been authorized by its board of directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom by a person who has been authorized by such waiverparty to execute waivers, extension extensions or amendment is sought to be chargedamendments 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 Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties 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 against whom such waiverby its President or any Vice President or other person, extension who has been authorized by its Board of Directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom such waiverby a person who, extension to the extent applicable, has been authorized by its Board of Directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom such waiverby a person who, extension to the extent applicable, has been authorized by its Board of Directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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, thereof and any term, condition or covenant hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto Parties hereto at any timetime (subject to any additional consents as may be expressly required herein). Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party against whom appropriate Party by a Person who has been authorized by such waiverParty to execute waivers, extension extensions or amendment is sought to be chargedamendments on its behalf. 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 partyParty’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Agreement. No failure by any party thereof Party hereto to take any action against any breach of this Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom such waiverby a person who, extension to the extent applicable, has been authorized by its Board of Directors (or amendment is sought its equivalent) to be chargedexecute 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 Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom such waiverand, extension in the case of Pan Am, by a person who has been authorized by Pan Am's Board of Directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto 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 against whom such waiverby a person who, extension to the extent applicable, has been authorized by its board of directors to execute waivers, extensions or amendment is sought to be chargedamendments 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 Agreement. No failure by any party thereof hereto to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party against whom such waiver, extension or amendment is EXHIBIT 10.10 sought to be charged. 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 or covenant hereof (including, without limitation, including the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto Parties at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed by the appropriate Party or on its behalf of the party against whom such waiverby an officer authorized to execute waivers, extension extensions or amendment is sought to be chargedamendments on its behalf. 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 partyParty’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Agreement. No failure by any party thereof Party to take any action against any breach of this Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties Parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party Party against whom such waiver, extension or amendment is sought to be 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 partyParty’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Agreement. No failure by any party Party thereof to take any action against any breach of this Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this Agreement which may legally be waived, may be waived, waived or the time of for performance thereof extended, extended at any time by the party hereto entitled to the benefit thereof, and any term, condition or covenant hereof (including, including without limitation, limitation the period during which any condition obligation is to be satisfied or any obligation performed) may be amended by the parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party against whom such waiverby an officer authorized to execute waivers, extension extensions or amendment is sought to be chargedamendments. 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any a party thereof to take any action against any a breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by the parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf by Seller (in the case of the party against whom such a waiver, extension or amendment is sought agreed to be chargedby Seller) or, in the case of a waiver, extension or amendment agreed to by Purchaser, on behalf of Purchaser by its Chairman, President or any Vice President or other person, who has been authorized by 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 's rights under such provisions at any other time or a waiver of such party’s 's rights under any other provision of this Agreement. No failure by any party thereof to take any action against any breach of this Agreement or default by another party shall constitute a waiver of the former party’s 's right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other party.

Waiver and Amendment. Any representation, warranty, covenant, term or condition of this 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 hereof (including, without limitation, the period during which any condition is to be satisfied or any obligation performed) may be amended by all of the parties Parties thereto at any time. Any such waiver, extension or amendment shall be evidenced by an instrument in writing executed on behalf of the party Party against whom such waiver, extension or amendment is sought to be 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 partyParty’s rights under such provisions at any other time or a waiver of such partyParty’s rights under any other provision of this Agreement. No failure by any party Party thereof to take any action against any breach of this Agreement or default by another party Party shall constitute a waiver of the former partyParty’s right to enforce any provision of this Agreement or to take action against such breach or default or any subsequent breach or default by such other partyParty.