Common use of Waiver; Extension Clause in Contracts

Waiver; Extension. At any time prior to the termination of this Agreement the parties may (i) extend the time for the performance of any of the obligations or other acts of the other parties, (ii) waive any inaccuracies in the representations and warranties of the other parties contained in this Agreement or in any document delivered pursuant to this Agreement, or (iii) waive compliance with covenants and agreements of the other parties contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

Waiver; Extension. At any time prior to the termination Effective Time, each of this Agreement the parties OCM and Smithfield may (ia) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (iib) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement, Agreement or (iii) waive compliance with covenants and any of the covenants, agreements or conditions of the other parties party contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such those rights.

Waiver; Extension. At any time prior to the termination Effective Time, each of this Agreement the parties EPOF and Smithfield may (ia) extend the time for the performance of any of the obligations or other acts of the other partiesparty, (iib) waive any inaccuracies in the representations and warranties of the other parties party contained in this Agreement or in any document delivered pursuant to this Agreement, Agreement or (iii) waive compliance with covenants and any of the covenants, agreements or conditions of the other parties party contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such those rights.