Waiver by Seller. Waiver by Seller of a breach by Client of any provision of this Agreement shall not be deemed a waiver of future compliance therewith, and such provision shall remain in full force and effect.
Waiver by Seller. The conditions precedent set out in Clause 4.1 have been inserted for the benefit of the Seller and may be waived or deferred in writing, in whole or in part and with or without conditions, by the Seller.
Waiver by Seller or Buyer of any breach of or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of, or a waiver of any other breach of, or failure to comply with, any other provision of this Agreement.
Waiver by Seller. The conditions precedent set out in the preceding section are inserted for the exclusive benefit of SELLER and any such condition may be waived in whole or in part by SELLER at or prior to Closing by delivering to the BUYERS a written waiver to that effect signed by SELLER, as the case may be. In the event that the conditions precedent set out in the preceding section are not satisfied on or before the Closing, the SELLER shall be released from all obligations under this Agreement.
Waiver by Seller or Buyer of any breach of these provisions shall not be construed as a waiver of any other or subsequent breach.
Waiver by Seller. If Seller, with knowledge of (i) a default in any of ----------------- the covenants, agreements or obligations to be performed by Buyer under this Contract and/or (ii) any breach of or inaccuracy in any representation or warranty of Buyer made in this Contract nonetheless elects to proceed to closing, then, upon the consummation of the closing, Seller shall be deemed to have waived any such default and/or breach or inaccuracy and shall have no claim against Buyer with respect thereto.
Waiver by Seller. Buyer and Seller each acknowledge that it is entitled to certain indemnification rights pursuant to Section 5.7 of the Operating Agreement. Seller acknowledges and agrees that, to the extent Seller is obligated to defend, indemnify and hold harmless a Buyer Indemnified Party pursuant to this ARTICLE 9 (an “Indemnifiable Claim”), Seller shall not be entitled to make a claim for indemnification against the Company with respect to such Indemnifiable Claim, pursuant to Section 5.7 of the Operating Agreement or otherwise. In furtherance of such, Seller hereby waives any rights to indemnification pursuant to Section 5.7 of the Operating Agreement in connection with an Indemnifiable Claim, and releases the Company of any and all obligation to indemnify and/or reimburse Seller for any Indemnifiable Claims, and any Losses paid by Seller in connection therewith, pursuant to this ARTICLE 9. Nothing contained in this Section 9.8 shall constitute a waiver by any current or former manager or officer of the Company of the rights set forth in Section 5.7 of the Operating Agreement.
Waiver by Seller. In the event that any of the foregoing conditions to the obligations of Seller contained in Section 3.1 shall fail to be satisfied, Seller may elect, in its sole discretion to the extent lawful, to waive such conditions and consummate this Agreement despite such failure by providing notice to Buyer of such intention, in which event Seller shall be deemed to have waived any claim for damages, losses or other relief arising from or in connection with such failure of which Seller had knowledge, unless otherwise agreed in writing and executed by the Parties.
Waiver by Seller. The Seller agrees with the Purchaser (as trustee for the Company) that, save in the case of fraud, dishonesty or wilful non-disclosure on the part of Xxxxxx Xxxxxxx and/or Xxxx Xxxxxxxx as the case may be (whereupon it is agreed that the Seller retains any rights or claims which it may have against Xxxxxx Xxxxxxx and/or Xxxx Xxxxxxxx in respect of any misrepresentation, inaccuracy or omission in or from any information or advice supplied or given by them in connection with the giving of the Warranties and the preparation of the Disclosure Letter), to waive any rights or claims which it may have in respect of any misrepresentation, inaccuracy or omission in or from any information or advice supplied or given by the Company, its officers, employees or advisers in connection with the giving of the Warranties and the preparation of the Disclosure Letter.
Waiver by Seller. Seller hereby waives, to the fullest extent permitted by law, any rights that it may have to claim and receive any amounts that were due and unpaid pursuant to the Agreement, prior to its amendment hereby, but that no longer remain due as a result of this Amendment No. 1.