Common use of Waiver of Compliance Clause in Contracts

Waiver of Compliance. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 173 contracts

Samples: Participant Agreement (SPDR Gold Trust), Authorized Participant Agreement (World Gold Trust), Authorized Participant Agreement (World Gold Trust)

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Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure or breach.

Appears in 108 contracts

Samples: Trust Agreement (Tidal Commodities Trust I), Authorized Participant Agreement (21Shares Core Ethereum ETF), Authorized Participant Agreement (Ark 21Shares Bitcoin ETF)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 23 contracts

Samples: Tax Receivable Agreement (GEN Restaurant Group, Inc.), Tax Receivable Agreement (GEN Restaurant Group, Inc.), Tax Receivable Agreement (Rubicon Technologies, Inc.)

Waiver of Compliance. Any To the extent permitted by applicable law, any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition set forth herein may be waived by the party Party entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiverParty, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, waiver shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewith. The failure of a Party to this Agreement to assert any of its rights under this Agreement or other failureotherwise shall not constitute a waiver of such rights.

Appears in 20 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Waiver of Compliance. Any Except as otherwise provided in this Agreement, 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 entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 20 contracts

Samples: Purchase Agreement (Oneok Inc /New/), Registration Rights Agreement (Energy Transfer LP), Registration Rights Agreement (Energy Transfer LP)

Waiver of Compliance. Any failure of any of the parties either party to comply with any obligation, covenant, agreement or condition on its part contained herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother party, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Employment Agreement requires or permits consent by or on behalf of any party, such consent shall be given in writing.

Appears in 19 contracts

Samples: Employment Agreement, Employment Agreement (Xo Communications Inc), Employment Agreement (Xo Communications Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of the parties party to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 11 contracts

Samples: Merger Agreement (Home Properties of New York Inc), Contribution Agreement (Home Properties of New York Inc), Merger Agreement (Home Properties of New York Inc)

Waiver of Compliance. Any failure of any of the parties either party to comply with any obligation, covenant, agreement or condition on its part contained herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother party, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, 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, such consent shall be given in writing.

Appears in 10 contracts

Samples: Employment Agreement (Chugach Electric Association Inc), Employment Agreement (Chugach Electric Association Inc), Employment Agreement (Chugach Electric Association Inc)

Waiver of Compliance. 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 or parties granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure or breach.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Trinity Biotech PLC), Asset Purchase Agreement (Trinity Biotech PLC), Asset Purchase Agreement (Jupitermedia Corp)

Waiver of Compliance. 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 other party entitled to the benefits thereof only by a written instrument signed by the party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Champion Industries Inc), Asset Exchange Agreement (Knight Ridder Inc), Asset Purchase Agreement (GateHouse Media, Inc.)

Waiver of Compliance. 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 conditions here may be waived by the other party entitled to the benefits thereof only by a written instrument signed by the party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 7 contracts

Samples: Stock Purchase Agreement (VCG Holding Corp), Limited Partnership Purchase Agreement (VCG Holding Corp), Limited Partnership Purchase Agreement (VCG Holding Corp)

Waiver of Compliance. 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 in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother Party, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 7 contracts

Samples: Transition Services Agreement, Employee Transition and Administrative Services Agreement (Sears Hometown & Outlet Stores, Inc.), Employee Transition and Administrative Services Agreement (Sears Hometown & Outlet Stores, Inc.)

Waiver of Compliance. Any failure of any of the parties 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 the party granting such waiver, but any such written waiver, a waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 7 contracts

Samples: Standstill Agreement (Atlantic Realty Trust), Standstill Agreement (Kimco Realty Corp), Standstill Agreement (Atlantic Realty Trust)

Waiver of Compliance. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting whom such waiverobligation is owed, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 6 contracts

Samples: Distribution Agreement (Sun Healthcare Group Inc), Distribution Agreement (Sabra Health Care REIT, Inc.), Distribution Agreement (SHG Services, Inc.)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, 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 Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 6 contracts

Samples: Partnership Interests Purchase Agreement, Asset Purchase Agreement (Black Hills Corp /Sd/), Asset Purchase Agreement (Aquila Inc)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 5 contracts

Samples: Asset Purchase Agreement (New Media Investment Group Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Morris Publishing Finance Co)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 5 contracts

Samples: Authorized Participant Agreement (WisdomTree Bitcoin Fund), Authorized Participant Agreement (WisdomTree Continuous Commodity Index Master Fund), Authorized Participant Agreement (WisdomTree Coal Fund)

Waiver of Compliance. Any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but provided, however, that any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or give rise to any claim of estoppel with respect to, any subsequent or other failurefailure hereunder.

Appears in 5 contracts

Samples: Authorized Participant Agreement (Grayscale Ethereum Trust (ETH)), Authorized Participant Agreement (Grayscale Ethereum Mini Trust (ETH)), Authorized Participant Agreement (Grayscale Bitcoin Mini Trust (BTC))

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure, breach or default.

Appears in 5 contracts

Samples: Stockholders' Agreement (Blackhawk Network Holdings, Inc), Stockholders Agreement (Blackhawk Network Holdings, Inc), Stockholders’ Agreement (Accretive Health, Inc.)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived or excused in writing, to the extent permitted under applicable law, by the party Party entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition, and such party’s counsel. A waiver or failure to insist upon strict compliance with any obligationrepresentation, warranty, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, of or estoppel with respect to, to any subsequent or other failure.

Appears in 5 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Waiver of Compliance. 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 any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 5 contracts

Samples: Separation and Consulting Agreement (Chartermac), Separation Agreement (Centerline Holding Co), Separation Agreement (Centerline Holding Co)

Waiver of Compliance. 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 in writing by the other party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverthis Agreement, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 5 contracts

Samples: Share Purchase Agreement (Residential Capital, LLC), Asset Purchase Agreement (Residential Capital, LLC), Transition Services Agreement (Residential Capital, LLC)

Waiver of Compliance. Any failure of any one of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the other party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 5 contracts

Samples: Employment Agreement (Foreigntv Com Inc), Employment Agreement (Foreigntv Com Inc), Employment Agreement (Foreigntv Com Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement and the Indemnification 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 any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure...

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Dow Jones & Co Inc), Purchase and Sale Agreement (Dow Jones & Co Inc), Purchase and Sale Agreement (Dow Jones & Co Inc)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 4 contracts

Samples: Investor Agreement, Investor Agreement (Blackhawk Network Holdings, Inc), Investor Agreement (Blackhawk Network Holdings, Inc)

Waiver of Compliance. Any The failure of any of the parties either party to comply with any obligation, covenant, agreement or condition herein under this Agreement may be waived by the party entitled to the benefits benefit thereof only by a written instrument signed by the party on granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 4 contracts

Samples: Independent Contractor Consulting Agreement (ClearPoint Neuro, Inc.), Transition Agreement (ClearPoint Neuro, Inc.), Separation, Transition and Consulting Agreement (Mri Interventions, Inc.)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of the parties Corporations to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Clyde Companies Inc), Agreement and Plan of Merger (Clyde Companies Inc), Agreement and Plan of Merger (Clyde Companies Inc)

Waiver of Compliance. 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 entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Asset Sale Agreement (Commonwealth Energy System), Asset Sale Agreement (Cambridge Electric Light Co), Asset Sale Agreement (Canal Electric Co)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition herein in this Assignment may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Settlement Agreement, Membership Interest Purchase Agreement (Spark Energy, Inc.), Settlement Agreement (Azure Midstream Partners, Lp)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Side Letter Agreement (GIC Private LTD), Side Letter Agreement (Blackstone Holdings III L.P.), Director Designation Agreement (Tallgrass KC, LLC)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.failure or breach

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Rentech Inc /Co/), Membership Interest Purchase Agreement (Rentech Nitrogen Partners, L.P.)

Waiver of Compliance. Any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or give rise to any claim of estoppel with respect to, any subsequent or other failurefailure hereunder.

Appears in 3 contracts

Samples: Authorized Participant Agreement (AccuShares Commodities Trust I), Authorized Participant Agreement (AccuShares Commodities Trust I), Authorized Participant Agreement (AccuShares Commodities Trust I)

Waiver of Compliance. 2 Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition 3 herein may be expressly waived in writing, to the extent permitted under applicable law, by the party 4 Party or Parties entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition. A 5 waiver or failure to insist upon strict compliance with any obligationrepresentation, warranty, covenant, agreement agreement, 6 or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other 7 failure.

Appears in 3 contracts

Samples: Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

Waiver of Compliance. Any The failure of by any of the parties party hereto to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to the benefits thereof only or parties hereto adversely affected by a written instrument signed by the party granting such waiverfailure, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Transdigm Holding Co), Asset Purchase Agreement (Level 8 Systems), Asset Purchase Agreement (Transtechnology Corp)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of of, the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure or breach.

Appears in 3 contracts

Samples: Master Marketing Agent Agreement, Master Marketing Agent Agreement (World Currency Gold Trust), Marketing Agent Agreement (SPDR Gold Trust)

Waiver of Compliance. Any Except as otherwise specifically 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 3 contracts

Samples: Participant Agreement (Currencyshares Chinese Renminbi Trust), Participant Agreement (Currencyshares Chinese Renminbi Trust), Participant Agreement (Currencyshares Chinese Renminbi Trust)

Waiver of Compliance. a. Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived or excused in writing, to the extent permitted under applicable law, by the party Party entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition, and such party’s counsel. A waiver or failure to insist upon strict compliance with any obligationrepresentation, warranty, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Contributor, in the event of any such failure by any Acquirer Party, or by the party entitled to Acquirer Parties, in the benefits thereof only event of any such failure by a written instrument signed by the party granting such waiverContributor, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Contribution Agreement (New Jersey Resources Corp), Contribution Agreement (Dominion Midstream Partners, LP)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition herein in this Assignment may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party such Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Contribution, Conveyance and Assumption Agreement, Contribution, Conveyance and Assumption Agreement (EnLink Midstream Partners, LP)

Waiver of Compliance. Any failure of any of the parties one party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting benefiting from such waiverobligation, covenant, agreement or condition, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Zoned Properties, Inc.), Master Agreement for Purchase and Sale (Zoned Properties, Inc.)

Waiver of Compliance. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition contained herein may be waived by the party entitled to the benefits thereof only by a written if set forth in an instrument in writing signed by the party granting or parties to be bound by such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stockholders Agreement (Liberty Media Corp /De/), Stockholders’ Agreement (Liberty Media Corp /De/)

Waiver of Compliance. Any Except as otherwise provided in this Purchase Agreement, any failure of any of the parties a party to comply with any obligationrepresentation, covenantwarranties, agreement covenant or condition contained herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligationsuch representation, covenantwarranties, agreement covenant or condition herein, shall does not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (GlassBridge Enterprises, Inc.), Stock Purchase Agreement (GlassBridge Enterprises, Inc.)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 2 contracts

Samples: Warrant Issuance Agreement (Blackhawk Network Holdings, Inc), Investor Agreement (Blackhawk Network Holdings, Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement (including Section 11.10), 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 entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Purchase Agreement (Sprague Resources Holdings LLC), Purchase Agreement (HP Bulk Storage Manager, LLC)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Archrock, Inc.), Purchase and Sale Agreement

Waiver of Compliance. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein of the License Agreement or these Terms of Use may be waived by the party entitled to the benefits thereof only by a written instrument signed executed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, herein shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failurefailure or breach.

Appears in 2 contracts

Samples: Field License Agreement, Field License Agreement

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition contained herein may be waived by the party entitled to the benefits thereof only by a written if set forth in an instrument in writing signed by the party granting Party or parties to be bound by such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Purchase Agreement (Directv Group Inc), Purchase Agreement (Directv Group Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, the failure of by any of the parties party to comply with any obligation, covenant, agreement or condition herein under this Agreement may be waived by the party entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.other

Appears in 2 contracts

Samples: Separation Agreement (Hyster Yale Materials Handling Inc.), Transition Services Agreement (Hyster Yale Materials Handling Inc.)

Waiver of Compliance. 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 Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such said waiver, but any such said written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure or breach.

Appears in 2 contracts

Samples: Authorized Participant Agreement (Quaker Investment Trust), Authorized Participant Agreement (Advisors' Inner Circle Fund II)

Waiver of Compliance. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition or any inaccuracy, inadequacy, mistake or misstatement in any representation or warranty herein may be expressly waived in writing by the party entitled to appropriate officers of the benefits thereof only by a written instrument signed by the party granting such waiverother Party, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, condition, representation or condition herein, warranty shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cemex Sa De Cv), Stock Purchase Agreement (Cemex Sa De Cv)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure or breach.

Appears in 2 contracts

Samples: Reimbursement Agreement (SPDR Gold Trust), Reimbursement Agreement (streetTRACKS GOLD TRUST)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, 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 entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Contribution Agreement (Contango ORE, Inc.), Contribution Agreement (Contango ORE, Inc.)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiverthereof, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, representation, warranty, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure not so specifically waived.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Media General Inc), Asset Purchase Agreement (Media General Inc)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement or condition herein in this Assignment may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party Party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Appears in 2 contracts

Samples: Contribution, Conveyance and Assumption Agreement (ANTERO RESOURCES Corp), Contribution, Conveyance and Assumption Agreement

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such the waiver, but any such written waiver, no waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Tax Receivable Agreement (Excelerate Energy, Inc.), Tax Receivable Agreement (Excelerate Energy, Inc.)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party expressly granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cincinnati Gas & Electric Co)

Waiver of Compliance. Any The failure of by any of the parties party hereto to comply --------------------- with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to the benefits thereof only or parties hereto adversely affected by a written instrument signed by the party granting such waiverfailure, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Domestic Incentive Agreement (Pacer Express Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenantrepresentation, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenantrepresentation, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Operating Agreement (Park Meridian Financial Corp)

Waiver of Compliance. Any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein in this Agreement may be waived by the party Party or Parties entitled to the benefits thereof only by a written instrument signed by the party Party or Parties granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Contribution Agreement (Markwest Energy Partners L P)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such the waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, representation, warranty, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.estoppel

Appears in 1 contract

Samples: Community Distributed Generation Agreement

Waiver of Compliance. Any failure of any of the parties hereto to comply with any obligation, covenant, agreement or condition herein contained may be waived expressly waived, in writing only, by the party entitled to other parties hereto and such waiver shall be effective only in the benefits thereof only by a written instrument signed by specific instance and for the party granting such waiver, but any such written waiver, specific purpose for which made or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failuregiven.

Appears in 1 contract

Samples: Master Agreement (Annuity & Life Re Holdings LTD)

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Waiver of Compliance. Any The failure of any of the parties hereto to comply with any obligation, covenant, covenant or agreement herein or condition in any agreement attached hereto or referred to herein may be expressly waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverin writing, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, covenant or agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dac Technologies Group International Inc)

Waiver of Compliance. 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 other party entitled to the benefits thereof only by a written instrument signed by the party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 1 contract

Samples: Asset Purchase Agreement (Evergreen Media Corp)

Waiver of Compliance. Any failure of any of the parties either party hereto to comply with any obligation, agreement, or condition herein may be expressly waived in writing, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Investment Banking Rider (Capita Research Group Inc)

Waiver of Compliance. Any failure of any of the parties party hereto to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother applicable parties, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, representation, warranty, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Predictive Systems Inc)

Waiver of Compliance. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the other party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverhereto, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, waiver shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Mediq Inc)

Waiver of Compliance. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to whom such obligation is owed (with the benefits thereof only by a written instrument signed by Sellers’ Representative having the party granting such waiverexpress authority to waive on behalf of all the Sellers and the Holding Companies), but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase and Sale Agreement (Corinthian Colleges Inc)

Waiver of Compliance. Any failure of any of the parties either Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother Party, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Guardion Health Sciences, Inc.)

Waiver of Compliance. Any Consents. Except as otherwise provided in this Agreement, any failure of any of the parties Parties to comply with any obligation, covenant, covenant or agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, covenant or agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, ; any subsequent or other failure. Same rule applies to conditions and terms established in benefit only of one of the Parties.

Appears in 1 contract

Samples: Investment Agreement (Bearing Lithium Corp.)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any either of the parties hereto to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 1 contract

Samples: Warrant Issuance Agreement (Blackhawk Network Holdings, Inc)

Waiver of Compliance. 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 any such written waiver, waiver or the failure to insist 70 upon strict compliance with any such obligation, covenant, agreement or condition herein, shall agreemenx xx xxxxxxxxx xxall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Commercial Metals Co)

Waiver of Compliance. Any Party’s failure of any of the parties to comply with any obligation, covenant, agreement or condition contained herein may be waived by the party entitled to the benefits thereof only by a written if set forth in an instrument in writing signed by the party granting Party or Parties to be bound by such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Contribution Agreement (NCS Multistage Holdings, Inc.)

Waiver of Compliance. Any Except as otherwise provided in this Warrant, any failure of any of the parties Company or the Holder to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 1 contract

Samples: Stock Purchase Warrant (Blackhawk Network Holdings, Inc)

Waiver of Compliance. 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 any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure...

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Dow Jones & Co Inc)

Waiver of Compliance. 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 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 any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, or condition herein, shall will not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Note Purchase Agreement (Whiteglove House Call Health Inc)

Waiver of Compliance. 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 entitled to the benefits thereof other parties; provided however, that any such waiver may be made only by a specific written instrument signed by the each party granting such waiver, but any such written waiver, . Such waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Wd 40 Co)

Waiver of Compliance. Any failure of any of the parties a party to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting whom such waiverobligation is owed, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Ameritrade Holding Corp)

Waiver of Compliance. Any failure of any of the parties party hereto to comply with any obligation, covenant, agreement or condition herein may be expressly waived by the party entitled in writing to the benefits thereof only by a written instrument signed by the party granting such waiverother parties, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, of or estoppel with respect to, to any subsequent or other failure.

Appears in 1 contract

Samples: Agreement and Plan of Merger (800 Travel Systems Inc)

Waiver of Compliance. Any failure of any of the parties either party to comply with any obligation, representation, warranty, covenant, agreement or condition herein set forth in this Agreement may be waived by the other party entitled to the benefits thereof only by a written instrument signed by the party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ackerley Group Inc)

Waiver of Compliance. Any failure of any of the parties party to comply with any obligation, agreement, or condition herein may be expressly waived in writing, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Consulting and Marketing Right Agreement (Gateway Distributors LTD)

Waiver of Compliance. Any failure of any of the parties by a party to comply with any obligation, covenant, agreement or condition herein or in any other agreements or instruments executed and delivered hereunder may be waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting in whose favor such waiverobligation or condition runs; provided, but any such written waiverhowever, or the that failure to insist upon strict compliance with any obligation, such covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Lease Agreement (Idaho General Mines Inc)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument expressly waiving such failure, signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Agreement to Convert Debt to Stock (3dicon Corp)

Waiver of Compliance. 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 entitled to the benefits thereof other parties; provided, however, that any such waiver may be made only by a written an instrument signed by the party party(ies) granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Operating Agreement (Long Island Physician Holdings Corp)

Waiver of Compliance. Any Except as otherwise provided in this Warrant, any failure of any of the parties Company or Holder to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 1 contract

Samples: Warrant Issuance Agreement (Blackhawk Network Holdings, Inc)

Waiver of Compliance. Any failure of any of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Option and Purchase Agreement (Perot Systems Corp)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived in writing, to the extent permitted under applicable law, by the party Party or Parties entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition. A waiver or failure to insist upon strict compliance with any obligationrepresentation, warranty, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Compliance. Any Except as expressly set forth in this Agreement, any failure of any of the parties party to comply with any obligation, covenant, agreement agreement, or condition contained herein may be waived by the party entitled to the benefits thereof only by a written if set forth in an instrument in writing signed by the party granting or parties to be bound by such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Exco Resources Inc)

Waiver of Compliance. Any Except as otherwise provided in this Warrant, any failure of any either of the parties to comply with any obligation, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure, breach or default.

Appears in 1 contract

Samples: Warrant Agreement (Blackhawk Network Holdings, Inc)

Waiver of Compliance. Any failure of any of the parties either Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother party, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Intellectual Property Purchase Agreement (Guardion Health Sciences, Inc.)

Waiver of Compliance. Any Consents Except as otherwise provided in this Agreement, any failure of any of the parties to comply with any obligation, covenant, agreement covenant 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 or parties granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, to any subsequent or other failure.

Appears in 1 contract

Samples: Asset Purchase Agreement (Artisoft Inc)

Waiver of Compliance. Any Except as provided in this Section 10.11, to the extent permitted by Applicable Laws, any failure of any of the parties Parties to comply with any obligation, covenant, agreement or condition herein set forth in this Agreement may be waived by the party Party entitled to the benefits benefit thereof only by a written instrument signed by the party granting such waiverParty, but any such written waiver, or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, waiver shall not operate as a waiver of, or estoppel with respect to, any prior or subsequent failure to comply therewith. The failure of a Party to this Agreement to assert any of its rights under this Agreement or other failureotherwise shall not constitute a waiver of such rights.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NuStar Energy L.P.)

Waiver of Compliance. 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 entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as ag a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Asset Sale Agreement (Steri Oss Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any of the parties Parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party entitled to the benefits thereof other Party only by a written instrument signed by the party Party granting the waiver. Any such waiver, but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, a term of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure to comply.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Biohitech Global, Inc.)

Waiver of Compliance. 35.1 Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived or excused in writing, to the extent permitted under applicable law, by the party Party entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition, and such party’s counsel. A waiver or failure to insist upon strict compliance with any obligationrepresentation, warranty, covenant, agreement agreement, or condition herein, shall not operate as a waiver of, of or estoppel with respect to, to any subsequent or other failure.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Waiver of Compliance. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition contained herein may be waived by the party entitled to the benefits thereof only by a written if set forth in an instrument in writing signed by the party granting or parties entitled to rely upon any such waiverobligation, covenant, agreement or condition, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Capstar Broadcasting Partners Inc)

Waiver of Compliance. Any failure of any of the parties Parties to comply with any obligation, representation, warranty, covenant, agreement or condition herein may be waived by the party Party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverthereof, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, representation, warranty, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurefailure not so specifically waived.

Appears in 1 contract

Samples: Asset Purchase Agreement (Hooper Holmes Inc)

Waiver of Compliance. Any failure of any of the parties one party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting or parties benefiting from such waiverobligation, covenant, agreement or condition, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Merger Agreement (Diana Corp)

Waiver of Compliance. Any failure of any of the parties a Party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the party entitled to the benefits thereof only by a written instrument signed by the party granting such waiverother Party, but any such written waiver, waiver or the failure to insist upon strict compliance with any such obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Pontotoc Production Inc)

Waiver of Compliance. Any failure of any of the parties Party to comply with any obligation, covenant, agreement agreement, or condition herein may be expressly waived in writing, to the extent permitted under applicable law, by the party Party or Parties entitled to the benefits thereof only by a written instrument signed by the party granting benefit of such waiverobligation, but any such written waivercovenant, agreement, or the condition. A waiver or failure to insist upon strict compliance with any obligationrepresentation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.warranty,

Appears in 1 contract

Samples: Settlement Agreement

Waiver of Compliance. Any failure of any of the parties party to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the party entitled to whom such obligation is owed (including the benefits thereof only by a written instrument signed by the party granting such waiverSellers' Representatives on behalf of any or all Sellers), but any such written waiver, waiver or the failure to insist upon strict compliance with any obligation, covenant, agreement or condition herein, shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Readers Digest Association Inc)

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