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. This Agreement may be amended by AVI and Investor, by mutual action approved by their respective Boards of Directors or their respective officers authorized by such Board of Directors, at any time. Any amendment to this Agreement shall be in writing and signed by AVI and Investor.

Appears in 3 contracts

Samples: Investment Agreement (Avi Biopharma Inc), Investment Agreement (Avi Biopharma Inc), Investment Agreement (Avi Biopharma 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. This Agreement may be amended by AVI the Company and InvestorMedtronic, by mutual action approved by their respective Boards of Directors or their respective officers authorized by such Board of Directors, at any timetime prior to the Closing Date. Any amendment to this Agreement shall be in writing and signed by AVI the Company and InvestorMedtronic.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Endocardial Solutions Inc), Note Purchase Agreement (Endocardial Solutions Inc), Investment Agreement (Endocardial Solutions 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. This Agreement may be amended by AVI the Company and InvestorMedtronic, by mutual action approved by their respective Boards of Directors or their respective officers authorized by such Board of Directors, at any time. Any amendment to this Agreement shall be in writing and signed by AVI the Company and InvestorMedtronic.

Appears in 1 contract

Samples: Note Purchase Agreement (Ep Medsystems 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. This Agreement may be amended by AVI ATS and InvestorMedtronic, by mutual action approved by their respective Boards of Directors or their respective officers authorized by such Board of Directors, at any time. Any amendment to this Agreement shall be in writing and signed by AVI ATS and InvestorMedtronic.

Appears in 1 contract

Samples: License Agreement (Advanced Tissue Sciences Inc)

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