Common use of Waiver; Extension Clause in Contracts

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document, certificate or writing delivered by such Party pursuant hereto, or (c) waive compliance by the other Party with any of the agreements or conditions contained herein. Any agreement on the part of any Party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Party. No failure or delay of any Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Party.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, hand and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party either party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the ClosingEffective Time, the SellerAcquiror (on behalf of itself and Sub), on the one hand, and Company Parent (on behalf of itself and the BuyerCompany), on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the ClosingEffective Time, the SellerAcquiror, on the one handhand and on behalf of itself and Subs, and the BuyerCompany, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party contained herein or in any document, certificate or writing delivered by such Party pursuant hereto, or (c) waive compliance by the other Party with any of the agreements or conditions contained herein. Any agreement on the part of any Party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Party. No failure or delay of any Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Party.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the The Seller, on the one hand, hand and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party either party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party either party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party 97989374_16 either party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the SellerCoeur Mining, on the one handhand and on behalf of itself, the Sellers and the Acquired Companies, and ASM Parent, on behalf of itself and the Buyerother Buyer Parties, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the SellerTreeHouse, on the one handhand and on behalf of itself and the Business Entities, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, hereto or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party either party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, hereto or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party either party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the SellerCompany, on the one hand, hand and the BuyerPurchaser, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the SellerCoeur, on the one handhand and behalf of itself, the Sellers and the Company, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and on behalf of itself and the Company, and the Buyer, on the other hand, may (ai) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (bii) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, hereto or (ciii) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed executed and delivered by a duly authorized officer or representative on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer or representative on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, Either Party may (a) extend the time for performance of any of the obligations or other acts of the other Party contained herein, (b) waive any inaccuracies as agreed to in writing by the representations and warranties of the other Party contained herein or in any document, certificate or writing delivered by such Party pursuant heretoParties, or (cb) waive compliance by the other Party with any of the agreements or conditions contained herein. Any agreement on the part of any a Party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Party. No Unless otherwise specifically agreed in writing to the contrary, no failure or delay of any either Party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any either Party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Party.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one handhand and on behalf of itself and/or the Company, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the ClosingEffective Time, the SellerAcquiror, on the one handhand and on behalf of itself and Sub, and the BuyerCompany, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the SellerSellers, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.

Waiver; Extension. At any time prior to the Closing, the Seller, on the one hand, and the Buyer, on the other hand, may (a) extend the time for performance of any of the obligations or other acts of the other Party party contained herein, (b) waive any inaccuracies in the representations and warranties of the other Party party contained herein or in any document, certificate or writing delivered by such Party party pursuant hereto, or (c) waive compliance by the other Party party with any of the agreements or conditions contained herein. Any agreement on the part of any Party party to any such extension or waiver shall be valid only if set forth in a written agreement signed on behalf of such Partyparty. No failure or delay of any Party party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. Any agreement on the part of any Party party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such Partyparty.