Common use of Waiver, Discharge, etc Clause in Contracts

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either party to enforce at any time any of the provisions of this Agreement shall 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 of it or the right of either party after any such failure 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.

Appears in 17 contracts

Samples: License Agreement (Bioxytran, Inc), License Agreement (Bioxytran, Inc), License Agreement (Bioxytran, Inc)

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Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The failure of either any party to enforce at any time any of the provisions of this Agreement shall 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 of it hereof or the right of either any party after any such failure 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.

Appears in 17 contracts

Samples: Management Transfer Agreement (Assisted 4 Living, Inc.), Management Transfer Agreement (Assisted 4 Living, Inc.), Management Transfer Agreement (Assisted 4 Living, Inc.)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, waived, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way be construed to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure 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.

Appears in 10 contracts

Samples: Purchase Agreement (Peak Resorts Inc), Purchase Agreement (Peak Resorts Inc), Purchase Agreement (American Skiing Co /Me)

Waiver, Discharge, etc. This Agreement may and the Transaction Documents and the obligations hereunder and thereunder shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The failure of either any party to enforce at any time any of the provisions of this Agreement or any Transaction Document shall 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 such Transaction Document, as the case may be, or any part of it hereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement or any Transaction Document shall be held to be a waiver of any other or subsequent breach.

Appears in 8 contracts

Samples: Agreement for Sale and Purchase (Integrated Health Services Inc), Agreement for Sale and Purchase (Integrated Health Services Inc), Agreement for Sale and Purchase (Integrated Health Services Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement Parties hereto by their duly authorized representatives. The failure of either party any Party hereto to enforce at any time any of the provisions of this Agreement shall 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 of it thereof or the right of either any party after any such failure 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.

Appears in 6 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Nautilus, Inc.), Asset Purchase Agreement (Nautilus, Inc.)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, waived, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement Parties by their duly authorized representatives. The failure of either party any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor or in any way be construed to affect the validity of this Agreement or any part of it thereof or the right of either party after any such failure 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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Peak Resorts Inc), Stock Purchase Agreement (Peak Resorts Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either party to enforce at any time any of the provisions of this Agreement shall 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 of it or the right of either party after any such failure to enforce each and every such provision. No waiver of any breach of or right under this Agreement shall be held to be a waiver of any other or subsequent breachbreach or exercise of such right.

Appears in 2 contracts

Samples: License Agreement (Aileron Therapeutics Inc), License Agreement (Aileron Therapeutics Inc)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement by their duly authorized representativeshereto. The failure of either any party to enforce at any time any of the provisions of this Agreement shall 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 of it hereof or the right of either any party after any such failure 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.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Finwise Bancorp), Membership Interest Purchase Agreement (Finwise Bancorp)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement Parties hereto by their duly authorized representativesofficer or representative. The delay or failure of either party any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of nor impair any such provision, nor in any way to affect the validity of this Agreement or any part of it hereof or the right of either party after any such failure 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.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Selectis Health, Inc.), Asset Purchase Agreement

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed changed, amended or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized officers or representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall 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 of it thereof or the right of either any party after any such failure 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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Select Medical Corp), Stock Purchase Agreement (Select Medical Corp)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, waived, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way be construed to affect the validity of this Agreement or any part of it thereof or the right of either any party after any such failure 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. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Imc Mortgage Co), Asset Purchase Agreement (Fund American Enterprises Holdings Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement Parties by their duly authorized representatives. The failure of either party Party to enforce at any time any of the provisions of this Agreement shall 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 of it or the right of either party Party after any such failure 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.

Appears in 1 contract

Samples: Development Agreement (Plug Power Inc)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by or on behalf of each of the parties to this Agreement hereto by their duly authorized representativesofficer or representative. The delay or failure of either any party to enforce at any time any of the provisions of this Agreement shall 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 of it hereof or the right of either any party after any such failure 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.

Appears in 1 contract

Samples: Operations Transfer Agreement (Selectis Health, Inc.)

Waiver, Discharge, etc. This Agreement Contract may not be released, discharged, abandoned, changed changed, amended, or modified in any manner, except by an instrument in writing and signed on behalf of by each of the parties to this Agreement by their duly authorized representativesparties. The failure of either party hereto to enforce enforce, at any time time, any of the provisions of this Agreement shall the Contract shall, in no way way, be construed to be as a waiver of any such provisionprovisions, nor or, in any way to way, affect the validity of this Agreement Contract or any part of it thereof or the right of either party after any such failure thereafter to enforce each and every such provision. No waiver of any breach of this Agreement Contract shall be held to be a waiver of or any other or subsequent breach.

Appears in 1 contract

Samples: petercostanzoauctioneers.com

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Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall 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 of it thereof or the right of either party after any such failure 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (CurAegis Technologies, Inc.)

Waiver, Discharge, etc. This Agreement and its exhibits and schedules may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall 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 of it thereof or the right of either any party after any such failure thereafter to enforce each and every such provision. No waiver of or any breach of this Agreement agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Asset Purchase Agreement (Correctional Services Corp)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed changed, or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto and in the case of the COMPANY by their its duly authorized officers or representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provisionprovisions, nor in any way to affect effect the validity of this Agreement or any part of it thereof, or the right of either any party after any such failure 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.

Appears in 1 contract

Samples: Stock Option Agreement (Holiday Rv Superstores Inc)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly duty authorized representatives. The failure of either party to enforce at any time any of the provisions of this Agreement shall 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 of it or the right of either party after any such failure 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.

Appears in 1 contract

Samples: License Agreement (Ev3 Inc.)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representativesboth parties. The failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of any such provisionprovisions, nor in any way to affect effect either the validity of this Agreement Agreement, or any part of it hereof, or the right of either any party after any such failure thereafter to enforce each and every such provisionprovision in accordance with the terms of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

Appears in 1 contract

Samples: Client Agreement

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed changed, or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either any party to enforce at any time any of the provisions of this Agreement shall in no way be he construed to be a waiver of waive any such provision, nor in any way to affect the validity validity. of this Agreement or any part of it thereof or the right of either any party after any such failure to 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Casino Resource Corp)

Waiver, Discharge, etc. This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement by their duly authorized representatives. The failure of either party to enforce enforce, at any time time, any of the provisions of this Agreement shall 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 of it or the right of either party after any such failure 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.

Appears in 1 contract

Samples: Royalty Agreement (Ev3 Inc.)

Waiver, Discharge, etc. This Agreement may shall not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed executed by IHS on behalf of each of the parties to this Agreement itself and Seller and by their duly authorized representativesBuyer. The failure of either any party to enforce at any time any of the provisions of this Agreement shall 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 of it hereof or the right of either any party after any such failure 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pharmerica Inc)

Waiver, Discharge, etc. This Agreement and its Exhibits and Schedules may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed on behalf of each of the parties to this Agreement hereto by their duly authorized representatives. The failure of either any party hereto to enforce at any time any of the provisions of this Agreement shall 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 of it thereof or the right of either any party after any such failure 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Transamerican Refining Corp)

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