Common use of Waiver; Modification of Agreement Clause in Contracts

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 12 contracts

Samples: Development and Supply Agreement (Amag Pharmaceuticals Inc.), Technology Transfer and Supply Agreement (Theravance Biopharma, Inc.), Development and Supply Agreement (Revance Therapeutics, Inc.)

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Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 6 contracts

Samples: Commercial Supply Agreement (FBEC Worldwide Inc.), Commercial Supply Agreement (Lifevantage Corp), Commercial Supply Agreement (Lifevantage Corp)

Waiver; Modification of Agreement. No waiver waiver, amendment or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. No modification to this Agreement shall be affected by the acknowledgment or acceptance of any Purchase Order, invoice or similar documents containing terms or conditions at variance with or in addition to those set forth herein. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 5 contracts

Samples: Supply Agreement (Motus GI Holdings, Inc.), Supply Agreement, Supply Agreement

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 4 contracts

Samples: Commercial Supply Agreement for Exenatide (Amylin Pharmaceuticals Inc), Commercial Supply Agreement (Amylin Pharmaceuticals Inc), Commercial Supply Agreement for Exenatide (Amylin Pharmaceuticals Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. Any amendments to this Agreement shall be made in writing; the same applies for any waiver or amendment of this written form clause.

Appears in 4 contracts

Samples: Master Collaboration Agreement (Syros Pharmaceuticals, Inc.), Master Collaboration Agreement, Master Collaboration Agreement (Blueprint Medicines Corp)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 4 contracts

Samples: Manufacturing and Supply Agreement (Sonus Pharmaceuticals Inc), Supply Agreement (Iomed Inc), Agreement Contains Confidential Terms (Iomed Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 3 contracts

Samples: Production Agreement, Production Agreement, Production Agreement (Hawaiian Telcom Communications, Inc.)

Waiver; Modification of Agreement. No waiver or modification or amendment of any of the terms of this Agreement Agreement, including its Schedules, shall be valid unless in writing and signed by authorized representatives of both partiesParties hereto. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 3 contracts

Samples: Manufacturing Agreement (Displaytech Inc), Manufacturing Agreement (Displaytech Inc), Manufacturing Agreement (Displaytech Inc)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 3 contracts

Samples: Supply Agreement (Iomed Inc), Supply Agreement (Iomed Inc), Supply Agreement (Iomed Inc)

Waiver; Modification of Agreement. No waiver or modification ---------------------------------- of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partieseach party. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 2 contracts

Samples: Sale and Purchase Agreement (Anesta Corp /De/), Sale and Purchase Agreement (Anesta Corp /De/)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC.

Appears in 2 contracts

Samples: Development and Supply Agreement (Cempra, Inc.), Development and Supply Agreement (Cempra, Inc.)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesthe party to be charged. Failure or delay by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 2 contracts

Samples: Hextend and Pentalyte China License Agreement (Biotime Inc), Exclusive License Agreement (Biotime Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 2 contracts

Samples: Individual Project Agreement (Clovis Oncology, Inc.), Individual Project Agreement (Clovis Oncology, Inc.)

Waiver; Modification of Agreement. 27.1 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Supply Agreement (Praecis Pharmaceuticals Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. No modification to this Agreement shall be affected by the acknowledgment or acceptance of any purchase order, invoice or similar documents containing terms or conditions at variance with or in addition to those set forth herein. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Service Agreement (Freeline Therapeutics Holdings PLC)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party a Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Distribution Agreement (Supergen Inc)

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Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.not

Appears in 1 contract

Samples: Supply Agreement (Schein Pharmaceutical Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Laboratory Service Agreement (diaDexus, Inc.)

Waiver; Modification of Agreement. No waiver or ---------------------------------- modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party a Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Consulting Agreement (Retractable Technologies Inc)

Waiver; Modification of Agreement. No waiver or modification or amendment of any of the terms of this Agreement Agreement, including Schedules and Exhibits, shall be valid unless in writing and signed by authorized representatives of both partiesParties hereto. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Exclusive Customer Agreement (Bolle Inc)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partiesparties hereto. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Development and Supply Agreement (Pharmacyclics Inc)

Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized authorised representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Supply Agreement (Theratechnologies Inc.)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both partieseach party. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Clinical Trial Agreement (Aethlon Medical Inc)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing specifically referencing this Agreement and signed by authorized representatives of both partiesall Parties. Failure by either party a Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party a Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Research Funding and Supply Agreement (Kazia Therapeutics LTD)

Waiver; Modification of Agreement. No waiver waiver, amendment, or modification of any of the terms of this Agreement or a Work Order shall be valid unless in writing and signed by authorized representatives of both partiesParties. Failure by either party Party to enforce any such rights under this Agreement or a Work Order shall not be construed as a waiver of such rights, rights nor shall a waiver by either party Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Master Services Agreement (Aethlon Medical Inc)

Waiver; Modification of Agreement. No waiver or modification of ---------------------------------- any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party Party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, rights nor shall a waiver by either party a Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.

Appears in 1 contract

Samples: Consulting Agreement (Retractable Technologies Inc)

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