Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 40 contracts
Samples: Escrow Agreement (Genomic Solutions Inc), Asset Purchase Agreement (Department 56 Inc), Asset Purchase Agreement (Global Epoint Inc)
Waiver of Compliance; Consents. Any failure of a any party hereto to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such complianceother parties hereto, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in the same manner as for waivers of compliancewriting.
Appears in 35 contracts
Samples: Stock Purchase Agreement (Speedemissions Inc), Stock Purchase Agreement (Ameripath Inc), Agreement and Plan of Merger (Ameripath Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of a party any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be expressly waived in writing by the party entitled hereby to the benefits thereof only by a written instrument signed by the party granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section 11.10.
Appears in 26 contracts
Samples: Option Agreement (Cox Radio Inc), Asset Purchase Agreement (Paxson Communications Corp), Asset Purchase Agreement (Paxson Communications Corp)
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party Party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyParty, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 23 contracts
Samples: Purchase Agreement (Usa Equities Corp.), Agreement and Plan of Merger (Dala Petroleum Corp.), Agreement and Plan of Merger (Dala Petroleum Corp.)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will shall be given in writing in the same manner as for waivers of compliance.
Appears in 17 contracts
Samples: Asset Purchase Agreement (Arbitron Inc), Stock Purchase Agreement (Mocon Inc), Asset Purchase Agreement (Shumate Industries Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of a party any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to the benefits thereof only by a written instrument signed by the party granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section.
Appears in 13 contracts
Samples: Asset Purchase Agreement (Vermont Teddy Bear Co Inc), Master Investment Agreement (Strategy International Insurance Group Inc), Stock Purchase Agreement (Elite Information Group Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of a party any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be expressly waived in writing by the party entitled hereby to the benefits thereof only by a written instrument signed by the party granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section 11.7.
Appears in 12 contracts
Samples: Asset Purchase Agreement (Sinclair Broadcast Group Inc), Asset Purchase Agreement (Sinclair Broadcast Group Inc), Asset Purchase Agreement (Sinclair Broadcast Group Inc)
Waiver of Compliance; Consents. Any failure of a any party hereto to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such complianceother parties hereto, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in the same manner as for waivers of complianceto be effective.
Appears in 11 contracts
Samples: Asset Purchase Agreement (Headwaters Inc), Agreement and Plan of Merger (Synthesis Energy Systems Inc), Stock Purchase Agreement (Securus Technologies, Inc.)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Optimumcare Corp /De/), Asset Purchase Agreement (Optimumcare Corp /De/), Stock Purchase Agreement (Clarion Technologies Inc/De/)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such any waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent Consent by or on behalf of a party, such consent will the Consent must be given in writing in the same manner as for waivers of compliance.
Appears in 5 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Nevada Gold & Casinos Inc), Contribution and Implementation Agreement (Colony Financial, Inc.)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by Issuer, on the party entitled hereby to such complianceone hand, and the Company and the Company Shareholders, on the other, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will shall be given in writing in the same manner as for waivers of compliance.
Appears in 5 contracts
Samples: Securities Exchange Agreement (Feng Fei), Securities Exchange Agreement (Apex Capital Group Inc), Securities Exchange Agreement (So Yeung)
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by Buyer, on the party entitled hereby to such complianceone hand, and Seller, on the other, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyParty, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 3 contracts
Samples: Intellectual Property Purchase Agreement (NextPlay Technologies Inc.), Intellectual Property Purchase Agreement (NextPlay Technologies Inc.), Intellectual Property Purchase Agreement (Monaker Group, Inc.)
Waiver of Compliance; Consents. Any failure of a party Mergeco or the Company to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the other party, only by a written instrument signed by the party entitled hereby granting such waiver (and if required pursuant to such complianceSection 9.1(ii), by an authorized member of the Special Committee), but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section 9.2.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Sbarro Inc), Agreement and Plan of Merger (Sbarro Inc), Agreement and Plan of Merger (Sbarro Mario)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliancePurchaser, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will shall be given in writing in the same manner as for waivers of compliance.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tia III, Inc), Securities Purchase Agreement (Tia IV, Inc), Securities Purchase Agreement (Tia IV, Inc)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by UNIPRO, on the party entitled hereby to such complianceone hand, and the Company and the Company Shareholders, on the other, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 3 contracts
Samples: Securities Exchange Agreement (Worldtime Investment Advisors LTD), Securities Exchange Agreement (Unipro Financial Services Inc), Securities Exchange Agreement (China Honour Investment LTD)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of a party any of the parties to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to the benefits thereof only by written instrument signed by the party granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will shall be given in writing in the same a manner as for waivers of compliance.consistent
Appears in 2 contracts
Samples: Non Competition Agreement (Renaissance Cosmetics Inc /De/), Non Competition Agreement (Renaissance Cosmetics Inc /De/)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent Consent by or on behalf of a party, such consent will Consent must be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party to comply ------------------------------ with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will shall be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by Drilling or the party entitled hereby to such complianceCompany, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party Party or Parties entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel estoppels with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyParty, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Samples: Joytoto USA, Inc.
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of a either party to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be expressly waived in writing by the other party only by a written instrument signed by the party entitled hereby to granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, agreement agreement, or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyeither party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section 4.8.
Appears in 1 contract
Samples: Agreement Regarding Ownership Restrictions (Landmark Communications Inc)
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party Party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement SPA requires or permits the consent by or on behalf of a partyParty, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party the Holdco Parties, on the one hand, or the TW Parties, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by Holdco or TWE, respectively, only by a written instrument signed by the party entitled hereby to granting such compliancewaiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyany party hereto, such consent will shall be given in writing in a manner consistent with the same manner requirements for a waiver of compliance as for waivers of complianceset forth in this Section 10.
Appears in 1 contract
Samples: Subordinated Indemnity Agreement (Premier Parks Inc)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by LYPP or the party entitled hereby to such complianceCompany, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Literary Playpen Inc)
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party Party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyParty, such consent will shall be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party Party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a partyParty, such consent will be given in writing in the same manner as for waivers of compliance.. 8.4
Appears in 1 contract
Samples: Asset Purchase Agreement (American Biogenetic Sciences Inc)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will shall preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will must be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party or parties entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (Senior Tour Players Development Inc)
Waiver of Compliance; Consents. Any failure of a party to comply with any obligation, covenant, agreement or condition herein in this Agreement may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or remedy hereunderunder this Agreement. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Xbox Technologies Inc)
Waiver of Compliance; Consents. Any failure of to a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled hereby to such compliance, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No single or partial exercise of a right or remedy will preclude any other or further exercise thereof or of any other right or of any other right or remedy hereunder. Whenever this Agreement requires or permits the consent by or on behalf of a party, such consent will be given in writing in the same manner as for waivers of compliance.
Appears in 1 contract