Waiver of Agreement. Any term or condition hereof may be waived by the Party hereto which is entitled to the benefits thereof by action taken by its Board of Directors or its duly authorized officer or employee; provided, however, that such action shall be evidenced by a written instrument duly executed on behalf of such Party by its duly authorized officer or employee. The failure of either Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor shall it in any way affect the validity of this Agreement or the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement will be held to constitute a waiver of any other or subsequent breach.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Synacor, Inc.), Asset Purchase Agreement (Synacor, Inc.), Asset Purchase Agreement (Synacor, Inc.)
Waiver of Agreement. Any term or condition hereof of this Agreement may be waived at any time prior to the Closing Date by the Party hereto party which is entitled to the benefits thereof by action taken by its Board of Directors such term or its duly authorized officer or employee; condition, provided, however, that such action waiver shall be evidenced by a written instrument duly executed on behalf of such Party party by its duly authorized officer or employee. The failure of either Party party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor shall it in any way affect the validity of this Agreement or the right of such Party party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement will shall be held to constitute a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Infineon Technologies Ag)
Waiver of Agreement. Any term or condition hereof may be waived at any time by the Party party hereto which is entitled to the benefits thereof by action taken by its Board of Directors or its duly authorized officer or employee; provided, however, that such action shall be evidenced by a written instrument duly executed on behalf of such Party by its duly authorized officer or employeeparty. The failure of either Party a party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor shall it in any way affect the validity of this Agreement or the right of such Party party thereafter to enforce each and every any such provision. provision No waiver of any breach of this Agreement will shall be held to constitute a waiver of any other or any subsequent breach.
Appears in 1 contract
Waiver of Agreement. Any term or condition hereof may be waived at any time prior to the Closing by the Party hereto which is entitled to bound by the benefits thereof by action taken by its Board of Directors or its duly authorized officer or employeewaiver; provided, however, that such action waiver shall be evidenced by a written instrument duly executed on behalf of such Party by its duly authorized officer or employeerepresentative. The failure of either Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor shall it in any way affect the validity of this Agreement or the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement will shall be held to constitute a waiver of any other or subsequent breach.
Appears in 1 contract
Waiver of Agreement. Any term or condition hereof may be waived at any time prior to the Closing Date by the Party party hereto which is entitled to the benefits thereof by action taken by its Board of Directors or its duly authorized officer or employeethereof; provided, however, that such action shall be evidenced by a written instrument duly executed on behalf of such Party by its duly authorized officer or employeeparty. The failure of either Party party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision nor shall it in any way affect the validity of this Agreement or the right of such Party party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement will shall be held to constitute a waiver of any other or subsequent breach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Nastech Pharmaceutical Co Inc)