WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification, or amendment of any term, condition, or provision of this Agreement shall be valid or of any effect unless made in writing, signed by the party to be bound or its duly authorized representative and specifying with particularity the nature and extent of such waiver, modification, or amendment. Any waiver by any party of any default of the other shall not effect, or impair any right arising from, any subsequent default. Nothing herein shall limit the rights and remedies of the parties hereto under and pursuant to this Agreement, except as hereinbefore set forth.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification or ---------------------------------- amendment of this Agreement shall be enforceable unless in writing and executed by the party against whom such waiver, modification or amendment is claimed.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification or amendment of any provision of this Agreement shall be effective, binding or enforceable unless in writing and signed by all of the parties hereto.
WAIVER, MODIFICATION OR AMENDMENT. No failure or delay on the part of either Lessee or Lessor in exercising any of such party’s respective rights hereunder upon any failure by the other party to perform or observe any condition, covenant or provision herein contained shall operate as a waiver thereof, nor shall any single or partial exercise of any of such rights preclude any other or further exercise thereof or the exercise of any other right hereunder. No waiver, release, modification or amendment of any of the terms, conditions or provisions of this Lease shall be valid or effective unless the same is in writing, duly executed by Lessor and Lessee.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification, or amendment of this Contract or of any covenants, conditions or limitations herein contained shall be valid unless in writing duly executed by both parties and the parties further agree that the provisions of this section may not be waived, modified, or amended except as herein set forth.
WAIVER, MODIFICATION OR AMENDMENT. Unless otherwise expressly provided in this Agreement and any documents expressly referred to herein, no waiver, modification or amendment of any term, condition or provision of this Agreement shall be valid, binding or of any effect unless made in writing, expressly referring to this Agreement, signed by or on behalf of the parties hereto, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by any party of any provision hereof shall not affect or impair any other provision hereof. The failure of either party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of the right of such party to subsequently enforce any such provisions.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification or amendment of any term, condition or provision of this Agreement shall be valid or of any effect unless it is made in writing, signed by the parties to be bound by its duly authorized representative, and specifies with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Lender of any default shall not affect or impair any right arising from any subsequent default.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification, or amendment of any term, condition or provision of this Release shall be valid or of any effect unless made in writing, signed by the party to be bound or its duly authorized representative, and specifying with particularity the nature and extent of such waiver, modification or amendment.
WAIVER, MODIFICATION OR AMENDMENT. No waiver, modification, or amendment of any term, condition, or provision of this Agreement shall be valid or of any effect unless made in writing, signed by the party to be bound or its duly authorized representative and specifying with particularity the nature and extent of such waiver, modification, or amendment. Any waiver by any party of any default of the other shall not effect, or impair any right arising from, any subsequent default. Nothing herein shall limit the rights and remedies of the parties hereto under and pursuant to this Agreement, except as hereinbefore set forth. Notwithstanding anything in this Agreement to the contrary, the Company expressly reserves the right to amend this Agreement to the extent necessary to comply with Code Section 409A, as it may be amended from time to time, and the regulations, notices and other guidance of general applicability issued thereunder.
WAIVER, MODIFICATION OR AMENDMENT. This Agreement shall be subject to modification or amendment, and any provision of this Agreement may be waived, only by an instrument in writing signed by Stockholders holding greater than fifty percent (50%) of the Shares issued and outstanding, on a Fully Diluted Basis, as of the effective date of the waiver, modification or amendment; provided, however, that this Agreement may be amended solely for the purpose of adding as a party any person to whom Shares may be issued after the Effective Date without the consent of any Stockholder, which amendment shall be effected by the execution of an Instrument of Joinder in the form attached as Exhibit A.
