Common use of Waiver, Discharge, Amendment, Etc Clause in Contracts

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 13 contracts

Samples: License Agreement (Todos Medical Ltd.), Exclusive License Agreement (PetVivo Holdings, Inc.), Assignment and License Agreement (Kips Bay Medical, Inc.)

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Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof hereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 6 contracts

Samples: Registration Rights Agreement (Spectre Gaming Inc), Registration Rights Agreement (Hei Inc), Registration Rights Agreement (Hei Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 6 contracts

Samples: Supply Agreement (ProUroCare Medical Inc.), Sales Agreement (Vista Medical Technologies Inc), Sales Agreement (Computer Motion Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement Agreement, including the election of such party to proceed with the Closing despite a failure of any condition to such party’s closing obligations to occur, shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Ciprico Inc), Asset Purchase Agreement (Multiband Corp), Asset Purchase Agreement (Nanometrics Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement Agreement, shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Macropore Inc), Asset Purchase Agreement (Macropore Inc), License Agreement (Vision Sciences Inc /De/)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement Agreement, despite a failure of any condition to such party’s closing obligations to occur, shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. This Agreement may be amended by Medtronic and Urologix. Any amendment to this Agreement shall be in writing and signed by the parties heretoMedtronic and Urologix.

Appears in 2 contracts

Samples: Acquisition Option Agreement (Urologix Inc), Asset Purchase Agreement (Urologix Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement Agreement, shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement Agreements or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 2 contracts

Samples: Sales Agency Agreement (Allurion Technologies Holdings, Inc.), Sales Agency Agreement (Allurion Technologies Holdings, Inc.)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties heretoAVI and Medtronic.

Appears in 2 contracts

Samples: License and Development Agreement (Avi Biopharma Inc), License and Development Agreement (Avi Biopharma Inc)

Waiver, Discharge, Amendment, Etc. This Agreement may not be released, discharged, abandoned, changed, amended or modified in any manner, except pursuant to an instrument in writing signed on behalf of each of the Parties including without limitation, by their duly authorized officers or representatives. The failure of any party hereto Party to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter any Party to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 2 contracts

Samples: Purchase Agreement (Tara Minerals Corp.), Purchase Agreement (Tara Gold Resources Corp.)

Waiver, Discharge, Amendment, Etc. The failure of any party Party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party Party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any This Agreement may be amended by UT and Medtronic, by mutual agreement and any amendment to this Agreement shall be in writing and signed by the parties heretoUT and Medtronic.

Appears in 2 contracts

Samples: Commercialization Agreement (UNITED THERAPEUTICS Corp), Commercialization Agreement

Waiver, Discharge, Amendment, Etc. The failure of any party Party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party Party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof hereof or the right of the party Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 2 contracts

Samples: Registration Rights Agreement (Hei Inc), Registration Rights Agreement (Hei Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Amended Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Amended Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Amended Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Amended Agreement shall be in writing and signed by the parties hereto.

Appears in 1 contract

Samples: License and Development Agreement (Echocath Inc)

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Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties heretohereto or else it shall be of no effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (Macropore Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties heretoAVI and Company.

Appears in 1 contract

Samples: License and Development Agreement (Avi Biopharma Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 1 contract

Samples: Termination of Option to Distribute Agreement (Volcano CORP)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties heretoVolcano and Medtronic.

Appears in 1 contract

Samples: License Agreement (Volcano CORP)

Waiver, Discharge, Amendment, Etc. The failure of any party Party hereto to enforce at any time any of the provisions of this Termination Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Termination Agreement or any part thereof or the right of the party Party thereafter to enforce each and every such provision. No waiver of any breach of this Termination Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Termination Agreement shall be in writing and signed by the parties Parties hereto.

Appears in 1 contract

Samples: Termination of Option to Distribute Agreement (Volcano CORP)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement Agreement, despite a failure of any condition to such party’s obligations to occur, shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. This Agreement may be amended by Innovex and Concorde. Any amendment to this Agreement shall be in writing and signed by the parties hereto.Innovex and Concorde. 7.5

Appears in 1 contract

Samples: Option Agreement (Innovex Inc)

Waiver, Discharge, Amendment, Etc. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall not, absent an express written waiver signed by the party making such waiver specifying the provision being waived, be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of the party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. Any amendment to this Agreement shall be in writing and signed by the parties hereto.

Appears in 1 contract

Samples: Supply Agreement (Volcano CORP)

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