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. 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. 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. 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. 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. To the extent permitted by applicable Law, Seller, on behalf of itself and its Successors (other than Buyer), after consultation with counsel, hereby waives (i) any and all rights to join Buyer and its Successors in any litigation or proceeding to the extent, but only to the extent arising out of or in connection with any Pre-Existing Environmental Liabilities; and (ii) any and all Losses which any of them may have in respect to any Pre-Existing Environmental Liabilities.
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.
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. Except as otherwise set out in this Agreement, none of the information supplied by any Group Company or its officers, employees, agents, representatives or advisers to the Seller or their officers, employees, agents, representatives or advisers prior to the date of this Agreement in connection with the Warranties, the contents of the Disclosure Letter or otherwise in relation to the business or affairs of the Group shall constitute or be deemed a representation, warranty or guarantee of its accuracy by such Group Company to the Seller and the Seller hereby waive any claims against such Group Company or its officers, employees, agents, representatives or advisers which they might otherwise have in respect of the same.
