Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 7 contracts
Samples: License Acquisition Agreement (Hickory Tech Corp), License Acquisition Agreement (Tritel Finance Inc), Securities Purchase Agreement (Telecorp PCS Inc)
Waiver of Compliance; Consents. Any failure of any of the parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Telecorp PCS Inc), Preferred Stock Purchase Agreement (Telecorp PCS Inc), Puerto Rico Stock Purchase Agreement (Telecorp PCS Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.210.3.
Appears in 5 contracts
Samples: Acquisition Agreement (Alcoa Inc), Acquisition Agreement (Fairchild Corp), Asset Purchase Agreement (Dexter Corp)
Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Dobson Communications Corp), Stock Purchase Agreement (At&t Corp), Investment and Transaction Agreement (Dobson Communications Corp)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.210.11.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Seachange International Inc), Asset Purchase Agreement (Liberate Technologies), Asset Purchase Agreement (Liberate Technologies)
Waiver of Compliance; Consents. Any failure of any of the parties ------------------------------ to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 4 contracts
Samples: Escrow Agreement (Telecorp Tritel Holding Co), Asset Purchase Agreement (Triton PCS Holdings Inc), Stock Purchase Agreement (Telecorp PCS Inc)
Waiver of Compliance; Consents. Any failure of any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Triton Management Co Inc), Securities Purchase Agreement (Triton PCS Inc), License Acquisition Agreement (Telecorp PCS Inc)
Waiver of Compliance; Consents. Any failure of any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.7.2. -----------
Appears in 3 contracts
Samples: Preferred Stock Repurchase and Issuance Agreement (Triton PCS Inc), Preferred Stock Purchase Agreement (Triton Management Co Inc), Triton PCS Holdings Inc
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Infrasource Services Inc), Agreement and Plan of Merger (Penhall Co), Agreement and Plan of Merger (Penhall Co)
Waiver of Compliance; Consents. Any Except as otherwise expressly provided in this Agreement, any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party Party or parties Parties entitled to the benefits thereof only by a written instrument signed by the party Party granting such the waiver, but such . Such waiver or failure to insist upon on strict compliance with such an obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth provided in this Section 10.211.09.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Equivest Finance Inc), Agreement and Plan of Reorganization (Kinser C Wayne)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party or parties entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.28.4, with appropriate notice in accordance with Section 8.10 of this Agreement.
Appears in 2 contracts
Samples: Contribution Agreement (Capital Senior Living Corp), Contribution Agreement (Capital Senior Living Corp)
Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.27(b).
Appears in 2 contracts
Samples: Exchange Agreement (At&t Corp), Exchange Agreement (Dobson Communications Corp)
Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever Failure of a party to terminate this Agreement requires pursuant to Section 10.1(d) or permits consent by or on behalf of any party hereto, such consent 10.1(e) shall be given in writing in a manner consistent with the requirement for not constitute a waiver of compliance as set forth in such representation, warranty or covenant or an amendment of this Section 10.2Agreement or any schedule or exhibit hereto.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Allegheny Energy, Inc), Asset Purchase Agreement (Allegheny Energy, Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.224.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Inso Corp), Agreement and Plan of Merger (Intranet Solutions Inc)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the party or parties entitled to the benefits thereof other party; provided that any such waiver may be made only by a written instrument signed by the party granting such waiver, but . Any such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoparty, such consent shall must be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth described above, with appropriate notice provided in accordance with this Section 10.2Agreement.
Appears in 2 contracts
Samples: Patent And (Next Level Communications Inc), Patent and Technical (Next Level Communications Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.27.11.
Appears in 2 contracts
Samples: Local Marketing Agreement (Fisher Communications Inc), Local Marketing Agreement (Nexstar Finance Inc)
Waiver of Compliance; Consents. Any failure of any of Seller Party, on the parties one hand, or Buyer or Parent, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party Buyer or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverRepresentative, respectively, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.1(d).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Medicine Man Technologies, Inc.), Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties Parties to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party or parties Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa Party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.09.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Smart Hydrogen Inc), Stock Purchase Agreement (Plug Power Inc)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party or parties entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2, with appropriate notice in accordance with Section 9.7 of this Agreement.
Appears in 2 contracts
Samples: Agreement of Merger by And (Omni Energy Services Corp), Agreement of Merger (Omni Energy Services Corp)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alliance Data Systems Corp), Option Agreement (Chromatics Color Sciences International Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a be written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2section 6.
Appears in 2 contracts
Samples: Termination Agreement (Medsource Technologies Inc), Termination Agreement (Medsource Technologies Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any either of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa Party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.2.
Appears in 2 contracts
Samples: Implementation Agreement, Implementation Agreement (ICO Global Communications (Holdings) LTD)
Waiver of Compliance; Consents. Any Except as otherwise provided in this agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2section 8.
Appears in 2 contracts
Samples: Employment Agreement (Direct Insite Corp), Employment Agreement (Direct Insite Corp)
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other Party only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party Party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.9.12.
Appears in 2 contracts
Samples: Comprehensive Asset Purchase Agreement, icc.illinois.gov
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.11.
Appears in 2 contracts
Waiver of Compliance; Consents. Any failure of any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.. ------------
Appears in 2 contracts
Samples: Norfolk Preferred Stock Purchase Agreement (Triton PCS Inc), Norfolk Preferred Stock Purchase Agreement (Triton PCS Holdings Inc)
Waiver of Compliance; Consents. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the other party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a requirementsfor waiver of compliance as set forth in this Section 10.2section.
Appears in 1 contract
Samples: Voting Agreement (Morton William D)
Waiver of Compliance; Consents. Any Except as otherwise ------------------------------ provided in this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2section 8.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in ------------------------------ this Agreement, the failure of any of the parties party to comply with any obligationof its obligations, covenantcovenants, agreement agreements or condition conditions herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in is this Section 10.210.5.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Liberty Digital Inc)
Waiver of Compliance; Consents. Any failure of any of the parties party to comply with any obligation, covenant, agreement agreement, or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by performance of such obligation, covenant, or agreement or who has the party granting benefit of such waivercondition, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2above.
Appears in 1 contract
Samples: Chamber Marketing
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.11.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties either party to comply with any obligation, representation, warranty, covenant, or agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, representation, warranty, covenant, or agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any either party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.212.6.
Appears in 1 contract
Samples: Contribution Agreement (Insight Communications Co Inc)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply ------------------------------ with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such the consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.3.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Reliastar Financial Corp)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.213.
Appears in 1 contract
Samples: Agreement (Wealthhound Com Inc)
Waiver of Compliance; Consents. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the other party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, of or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2section.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.9.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other Party only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Permits Consent by or on behalf of any party Party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.12.
Appears in 1 contract
Samples: Asset Purchase Agreement
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.10.3. 43
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2 .
Appears in 1 contract
Samples: Asset Purchase Agreement (Alliance Data Systems Corp)
Waiver of Compliance; Consents. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by performance of such obligation, covenant or agreement or who has the party granting benefit of such waivercondition, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2above.
Appears in 1 contract
Samples: Subscription Agreement (Metro One Telecommunications Inc)
Waiver of Compliance; Consents. Any failure of any of the parties to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits the consent by or on behalf of any party heretoparty, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.3.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.6.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party or parties Parties entitled to the benefits thereof only by a written instrument signed by the party Party or Parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoParty, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.25.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Any failure of any of the parties party hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party or other parties entitled to the benefits thereof hereto only by a written instrument signed by the party parties granting such waiver, but such waiver of or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure, except as otherwise provided in such instrument. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.28.02.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Integra Lifesciences Corp)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived by the party or parties Party that is entitled to the benefits thereof benefit thereof, but only by in a written instrument writing signed by the party granting such waiver, but waiving Party or Parties. Any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such the consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.212.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other Parties, only by a written instrument signed by the party Parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.28.5.
Appears in 1 contract
Samples: Contribution Agreement (Icahn Enterprises Holdings L.P.)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel stopped with respect to, any subsequent or other failure. Whenever this Agreement requires or permits permits, consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Samples: Purchase Agreement (Jacada LTD)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.8.2 8.3
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the --------------------------------- parties to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party parties, or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waivertheir respective officers or representatives thereunto duly authorized, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.23.2.
Appears in 1 contract
Samples: Contingent Payment Agreement (Citizens Utilities Co)
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverothers, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such the consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 1 contract
Samples: Asset Purchase Agreement (Tactile Systems Technology Inc)
Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Samples: Asset Exchange Agreement (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party or parties hereto entitled to the benefits thereof only by a written instrument signed by the party or parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.6.
Appears in 1 contract
Samples: Asset Purchase Agreement (Equity Media Holdings CORP)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.7.9, with appropriate notice in accordance with Section 7.8 hereof
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof benefit of such obligation, covenant, agreement or condition, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.28.03.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Rotonics Manufacturing Inc/De)
Waiver of Compliance; Consents. Any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party Party or parties Parties entitled to the benefits thereof only by a written instrument signed by the party Party or Parties granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoParty, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Telecorp Tritel Holding Co)
Waiver of Compliance; Consents. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other Party only by a written instrument signed by the party Party granting such waiver; provided, but however, that such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party Party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.12.
Appears in 1 contract
Samples: Asset Purchase Agreement
Waiver of Compliance; Consents. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverothers, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party Party hereto, such the consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.02.
Appears in 1 contract
Samples: Stock Purchase Agreement (Data Transmission Network Corp)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.28.3.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Westwood One Inc /De/)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.214.
Appears in 1 contract
Samples: Non Competition and Consulting Agreement (Alcoa Inc)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.26.2.
Appears in 1 contract
Samples: Subscription and Contribution Agreement (Hirschfeld Industries, Inc.)
Waiver of Compliance; Consents. Any Except as otherwise provided in ------------------------------ this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2section 8.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CCC, shall require the approval of not less than a majority of the independent trustees of CharterMac), but such a waiver or failure to insist upon strict compliance with respect to such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211(c).
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other party; provided, however, that any such waiver may be made only by a written instrument writing signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.214.2, with appropriate notice in accordance with Section 14.7 hereof.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverwaiver (which, in the case of a waiver by CCC, shall require the approval of not less than a majority of the independent trustees of CharterMac), but such a waiver or failure to insist upon strict compliance with respect to such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.210(c).
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a party to ------------------------------ comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but against whom the waiver is to be effective. Any such waiver or any failure to insist upon strict compliance with such any obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.27.2.
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Capital Group Inc)
Waiver of Compliance; Consents. Any failure of any of the --------------------------------- parties to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the party parties, or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, their respective officers or representatives thereunto duly authorized but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.213.2.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Citizens Utilities Co)
Waiver of Compliance; Consents. Any failure of any of the parties either Party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoParty to this Agreement, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2Section.
Appears in 1 contract
Samples: Contribution Agreement (Chromocell Therapeutics Corp)
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such the consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.3.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Lexington Global Asset Managers Inc)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits the consent by or on behalf of any party heretoparty, such consent shall will be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.3.
Appears in 1 contract
Samples: Stock Purchase Agreement (Wellness Center USA, Inc.)
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, representation, warranty, covenant, agreement agreement, or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.211.8.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof waived, but only by a written instrument if such waiver is in writing and is signed by the party granting such waiver, but such against whom the waiver is to be effective. Such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.212.13.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ameron International Corp)
Waiver of Compliance; Consents. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof other Party only by a written instrument signed by the party Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent Consent by or on behalf of any party Party hereto, such consent Consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.29.13.
Appears in 1 contract
Samples: icc.illinois.gov
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only thereof, but no such waiver shall be effective against such party unless given by a written instrument signed by the party granting such waiver, but and no such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall only be effective to the extent given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.212.10.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such a waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.220.
Appears in 1 contract
Samples: Trigger Agreement (Alexanders Inc)
Waiver of Compliance; Consents. Any failure of any of the parties either Party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoParty to this Agreement, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.2F(iii).
Appears in 1 contract
Samples: Stock Issuance Agreement (Chromocell Therapeutics Corp)
Waiver of Compliance; Consents. Any failure of any of the ------------------------------ parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing in a manner consistent with the requirement for a waiver of compliance as set forth in this Section 10.29.2.
Appears in 1 contract
Waiver of Compliance; Consents. Any failure of any of the parties a party to comply with any obligation, covenant, agreement agreement, or condition herein herein, to the extent legally allowed, may be waived in writing by the party or parties entitled to the benefits thereof only by a written instrument signed by the party granting such waiverothers, but any such waiver or failure to insist upon strict compliance with such the obligation, covenant, agreement agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such the consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.212.3.
Appears in 1 contract
Waiver of Compliance; Consents. Any Except as otherwise provided in this Agreement, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party or parties entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party heretoa party, such consent shall be given in writing in a manner consistent with the requirement requirements for a waiver of compliance as set forth in this Section 10.210.
Appears in 1 contract
Samples: Employment Agreement (Skyway Communications Holding Corp)
