WAIVER AND VARIATION. (a) A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party. (b) No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 2 contracts
Samples: Cooperation Agreement (Rubric Capital Management LP), Cooperation Agreement (Mereo Biopharma Group PLC)
WAIVER AND VARIATION. 19.1 Except as otherwise provided in this Agreement:
(a) A any failure or delay by a party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No ; and
(b) no single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
19.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party.
(b) 19.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
19.4 The parties to this Agreement shall not require the consent of any person having a right to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Xxx 0000 to terminate or vary all or any part of this Agreement, including any provision pursuant to which any such person has any such right.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Actavis PLC)
WAIVER AND VARIATION. (a) 18.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by lawIP Agreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawIP Agreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
18.2 A waiver of any right or remedy under this IP Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party.
(b) 18.3 No variation or amendment of this IP Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the Parties to this IP Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this IP Agreement, nor shall it affect any rights or obligations under or pursuant to this IP Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this IP Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 18.
Appears in 2 contracts
Samples: Technology Transfer and Intellectual Property License Agreement (Centogene N.V.), Technology Transfer and Intellectual Property License Agreement (Centogene N.V.)
WAIVER AND VARIATION. (a) 21.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
21.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. .
21.3 A party Party that waives a right or remedy provided under this Agreement or by law Law in relation to another party Party does not affect its rights in relation to any other partyParty.
(b) 21.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party Party to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
Samples: Transaction Agreement (Abcam PLC)
WAIVER AND VARIATION. (a) 26.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by lawAgreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawAgreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
26.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party.
(b) 26.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the Parties to this Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 26.
Appears in 1 contract
WAIVER AND VARIATION. (a) 31.1 A failure or delay by a party Party to exercise any right or remedy provided under this Agreement or by lawAgreement, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawAgreement, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
31.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and signed by the Party against whom the waiver would be enforced and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party.
(b) 31.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the Parties to this Agreement. Unless expressly agreedagreed in writing, no variation or amendment shall constitute a general waiver of any other provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment amendment, and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect effect, except and only to the extent that they are varied or amendedamended in accordance with this clause 31.
Appears in 1 contract
WAIVER AND VARIATION. (a) 1.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
1.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. .
1.3 A party that waives a right or remedy provided under this Agreement or by law Law in relation to another party does not affect its rights in relation to any other party.
(b) 1.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
WAIVER AND VARIATION. (a) 8.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement Deed or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement Deed or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
8.2 A waiver of any right or remedy under this Agreement Deed shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement Deed or by law Law in relation to another party does not affect its rights in relation to any other party.
(b) No variation 8.3 Each party agrees that this Deed may be varied or amendment of this Agreement shall be valid unless it is amended by agreement in writing and duly executed by or on behalf each of each party to this Agreement. the parties.
8.4 Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this AgreementDeed, nor shall it affect any rights or obligations under or pursuant to this Agreement Deed which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement Deed shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
WAIVER AND VARIATION. (a) 27.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
27.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. .
27.3 A party that waives a right or remedy provided under this Agreement or by law Law in relation to another party does not affect its rights in relation to any other party.
(b) 27.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party to this AgreementXxxxxxx and Whirlpool. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
WAIVER AND VARIATION. (a) 21.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or or, save as referred to in Clauses 10 and 19, any other right or remedy. .
21.2 A party that waives a right or remedy provided under this Agreement or by Law in relation to another party does not affect its rights in relation to any other party.
21.3 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law in relation to another party does not affect its rights in relation to any other party.
(b) 21.4 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
Samples: Share Purchase Agreement (China Lodging Group, LTD)
WAIVER AND VARIATION. (a) 17.1 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by lawLaw, whether by conduct or otherwise, shall preclude or restrict the further exercise of that or any other right or remedy. .
17.2 A waiver of any right or remedy under this Agreement shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A party that waives a right or remedy provided under this Agreement or by law Law in relation to another party does not affect its rights in relation to any other party.
(b) 17.3 No variation or amendment of this Agreement shall be valid unless it is in writing and duly executed by or on behalf of each party all of the parties to this Agreement. Unless expressly agreed, no variation or amendment shall constitute a general waiver of any provision of this Agreement, nor shall it affect any rights or obligations under or pursuant to this Agreement which have already accrued up to the date of variation or amendment and the rights and obligations under or pursuant to this Agreement shall remain in full force and effect except and only to the extent that they are varied or amended.
Appears in 1 contract
Samples: Share Purchase Agreement (Sienna Biopharmaceuticals, Inc.)