Waiver; Modification; Amendment. Except as otherwise specifically provided herein, this Agreement may not be modified, waived, amended, or supplemented unless such modification, waiver, amendment, or supplement is in writing and has been signed by each Party. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision of this Agreement, whether or not similar, nor shall any waiver be deemed a continuing waiver.
Waiver; Modification; Amendment. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing duly signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other different, or subsequent, breach by either party. This Agreement, including the Schedules and Exhibits attached hereto may not be modified or amended except by an instrument in writing duly signed by or on behalf of the parties hereto.
Waiver; Modification; Amendment. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the party against whom enforcement of the waiver is sought. Any written waiver shall operate only as to specific term or condition in the specific instance waived. This Agreement may be modified or amended only by a written instrument signed by the Employee and the Company.
Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, Consultant (if at that time Consultant is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by Consultant (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought. Notwithstanding the foregoing, no modification, amendment or waiver of any term or provision hereof with respect to the Exercise Price, the Exercise Quantity, any terms of Article V hereof, any of the terms of this Section 8.13 or which purports, or has the effect of, shortening the term of any Warrant or limiting the right or ability of a Holder thereof to exercise a Warrant shall be enforceable against a Holder unless such Holder specifically approves, in writing, such modifications, amendment or modification.
Waiver; Modification; Amendment. No amendment of, supplement to or ----------------------------- waiver of any obligations under this Agreement will be enforceable or admissible unless set forth in a writing signed by the party against which enforcement or admission is sought. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated.
Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, Siena (if at that time Siena is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by Siena (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought.
Waiver; Modification; Amendment. No amendment of, or waiver of any obligation under, this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. The parties have executed this Agreement as of the Effective Date. Triad Systems Corporation By: /s/ JAMEX X. XXXXXX ------------------- Its: President 3055 Xxxxx Xx. Xxrp. By: /s/ JAMEX X. XXXXXX ------------------- Its: President Triad Park, LLC By: Triad Systems Corporation By: /s/ JAMEX X. XXXXXX ------------------- Its: President
Waiver; Modification; Amendment. No amendment of, or waiver of any obligation under, this Agreement will be enforceable unless set forth in a writing signed by the party against which enforcement is sought. The parties have executed this Assignment and Assumption Agreement as of the Effective Date. "ASSIGNOR" TRIAD SYSTEMS CORPORATION By: /s/ JAMEX X. XXXXXX --------------------------- Name: JAMEX X. XXXXXX Title: PRESIDENT "ASSIGNEE" TRIAD PARK, LLC By 3055 MANAGEMENT CORP., ITS SOLE MANAGER By: /s/ JAMEX X. XXXXXX --------------------------- Name: JAMEX X. XXXXXX Title: VICE PRESIDENT
Waiver; Modification; Amendment. No purported amendment of this Agreement, or waiver, discharge or termination of any obligation under it, or anything else which purports to affect its terms or interpretation, shall be enforceable or admissible unless, and then only to the extent, expressly set forth in a writing signed by the Party against which enforcement or admission is sought. Without limiting the generality of the foregoing, no oral promise or statement, nor any action, inaction, delay, failure to require performance or course of conduct shall operate as, or evidence, an amendment or waiver or have any other effect on this Agreement. Any waiver granted shall be limited to the specific circumstance expressly described in it, and shall not apply to any subsequent or other circumstances, whether similar or dissimilar, or give rise to, or evidence, any obligation or commitment to grant any further waiver.
Waiver; Modification; Amendment. Each and every modification to and amendment of this Agreement shall be in writing and signed by the Company, BWHI (if at that time BWHI is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities. Each and every waiver of and consent to any departure from any term or provision hereof (except as otherwise provided herein) shall be in writing and signed by BWHI (if at that time it is a Holder) and by the Holders of a majority in interest of all issued and unissued Warrant Securities and by each party against whom enforcement of the waiver or consent may be sought.
