Waiver of Compliance. Any failure of Buyer or Seller to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 10 contracts
Samples: Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc)
Waiver of Compliance. Any failure of Buyer on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by Seller, in the event of any such failure by Buyer, party or by Buyer, in the event of any such failure by Sellerparties to be bound thereby, 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.
Appears in 9 contracts
Samples: Asset Purchase Agreement (Commodore Media Inc), Asset Purchase Agreement (Capstar Broadcasting Partners Inc), Asset Purchase Agreement (Ross Technology Inc)
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by an authorized officer of Buyer or Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, but such waiver or failure to insist upon strict compliance with any such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Drugmax Inc), Asset Purchase Agreement (Arrhythmia Research Technology Inc /De/), Asset and Business Purchase Agreement (Cdknet Com Inc)
Waiver of Compliance. Any failure of Buyer Purchaser, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, but such waiver or failure writing. 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.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Davel Communications Group Inc), Asset Purchase Agreement (Davel Communications Group Inc), Asset Purchase Agreement (Davel Communications Group Inc)
Waiver of Compliance. Any failure of Buyer Buyer, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived only if set forth in an instrument in writing signed by Seller, in the event of any such failure by Buyer, party or by Buyer, in the event of any such failure by Sellerparties to be bound thereby, 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.
Appears in 3 contracts
Samples: Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (Coinstar Inc)
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Buyer, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Sellerthe Chairman, in the event President or a Vice President of any such failure by Buyer, Buyer or by Buyer, in the event of any such failure by Seller, 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.
Appears in 3 contracts
Samples: Purchase Agreement (Westinghouse Air Brake Co /De/), Purchase Agreement (Westinghouse Air Brake Co /De/), Purchase Agreement (Arvin Industries Inc)
Waiver of Compliance. Any failure of Buyer or Seller to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. Section 11.3
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Enbridge Inc), Purchase and Sale Agreement (Enbridge Inc)
Waiver of Compliance. Any failure of Buyer the Seller or Seller the Company, on the one hand, or Purchaser, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerPurchaser or Seller and the Companies, in the event of any such failure by Buyerrespectively; provided, or by Buyerhowever, in the event of any such failure by Seller, but such waiver or failure to insist upon strict compliance 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 (Sierra Well Service Inc), Stock Purchase Agreement (Sierra Well Service Inc)
Waiver of Compliance. Any failure of Buyer Purchaser, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, Purchaser or by Buyer, in the event of any such failure by Seller, 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.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Fast Food Operators Inc), Asset Purchase Agreement (Fast Food Operators Inc)
Waiver of Compliance. Any failure of Buyer or Xxxxxx'x or Seller or the Shareholders to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event an officer of any such failure by Seller or an officer of Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Roundys Inc), Asset Purchase Agreement (Copps Corp)
Waiver of Compliance. Any failure of Buyer Buyer, Seller or Seller Parent to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerSeller and Parent, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by SellerSeller or Parent, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Purchase, Sale and Contribution Agreement (Dominion Midstream Partners, LP), Purchase, Sale and Contribution Agreement
Waiver of Compliance. Any failure of Buyer or Seller Sellers to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerSellers, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by SellerSellers, but such waiver or failure to insist upon strict compliance 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 (Berkshire Hathaway Energy Co), Purchase and Sale Agreement (Dominion Energy, Inc)
Waiver of Compliance. Any failure of Buyer Buyer, Seller or Seller DRI to comply with any an obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by SellerSeller or DRI, but such waiver or failure to insist upon strict compliance 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 (Agl Resources Inc), Stock Purchase Agreement (Agl Resources Inc)
Waiver of Compliance. Any failure of Buyer Buyer, on the one hand, or Seller any Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerSithe, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by any Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 2 contracts
Samples: Purchase Agreement (Reliant Energy Mid Atlantic Power Services Inc), Purchase Agreement (Reliant Energy Resources Corp)
Waiver of Compliance. Any failure of Buyer Sellers on the one hand, or Seller Buyer, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event any duly elected officer of any such failure by Buyer, Buyer or by Buyer, in the event of any such failure by SellerSellers’ Representative, 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.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Regional Brands Inc.), Asset Purchase Agreement (Gibraltar Industries, Inc.)
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by an authorized officer of Buyer or Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.strict
Appears in 1 contract
Samples: Asset and Business Purchase Agreement (Nytest Environmental Inc)
Waiver of Compliance. Any failure of Buyer Buyer, on the one hand, or Seller the Company or any Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Sellerthe Company and the Principal Sellers, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by the Company or any Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller (in respect of failures by Buyer) or Buyer (in respect of failures by Seller, ). No waiver shall be applicable except in the event of any such failure by Buyer, or by Buyer, specific instance in the event of any such failure by Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failurewhich it is given.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer or Seller to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Seller or Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer or Xxxxxx'x or Seller or the Principal Shareholders to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event an officer of any such failure by Seller or an officer of Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Buyer, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by the Buyer or the Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller -------------------- Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event Seller or an authorized officer of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Purchaser, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, Purchaser or by Buyer, in the event of any such failure by Seller, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Purchaser, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, but such waiver or failure writing. 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.. (e)
Appears in 1 contract
Samples: Asset Purchase Agreement (Davel Communications Group Inc)
Waiver of Compliance. Any failure of Buyer Shareholder or Seller to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Seller, 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 failurefailure of such party to comply.
Appears in 1 contract
Samples: Lease Agreement (Margo Caribe Inc)
Waiver of Compliance. Any failure of Buyer the Sellers or Seller the Pur- chaser to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Sellerthe Purchaser or the Sellers, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespec- tively, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer the Sellers, on the one hand, or Seller the Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein in this Agreement may be expressly waived in writing by Seller, in the event of any such failure by Buyer, on the one hand, or by Buyerthe Representative, in on the event of any such failure by Sellerother hand, 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 failurefailure by the Sellers or the Buyer.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer or Seller to comply with any obligation, covenant, agreement or condition herein contained herein may be expressly waived waived, in writing only, by (i) Buyer in the case of any failure of Seller or (ii) Seller, in the event case of any such failure by of Buyer, or by Buyer, . Such waiver shall be effective only in the event of any such failure by Seller, but such waiver specific instance and for the specific purpose for which made or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failuregiven.
Appears in 1 contract
Samples: Asset Purchase Agreement (Frontier Insurance Group Inc)
Waiver of Compliance. Any failure of Buyer or Seller to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, or by BuyerXxxxx, in the event of any such 78 4863-6343-8441 v.8 failure by Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.. Section 11.3
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer any Seller, on the one hand, or Seller Buyer, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerBuyer or Sellers, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Buyer, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Buyer or Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Selleras applicable, 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 failurefailure of such party to comply.
Appears in 1 contract
Samples: Lease Agreement (Margo Caribe Inc)
Waiver of Compliance. Any failure of Buyer or Seller Sellers to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerParent, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by SellerSellers, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Samples: Master Purchase Agreement (EQT Corp)
Waiver of Compliance. Any failure of the Seller or the Buyer or Seller to -------------------- comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Seller or the Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Samples: Asset Purchase Agreement (Enviro Clean of America Inc)
Waiver of Compliance. Any failure of Buyer the Seller on the one hand, or Seller the Buyer, on the other hand, to comply with any obligation, covenant, agreement agreement, or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Buyer, Buyer or by Buyer, in the event of any such failure by Seller, 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.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Purchaser, on the one hand, or Seller Seller, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Sellerwaived, in the event of any such failure by Buyerwriting, or by Buyer, and in the event of any such failure by Seller, but such no other manner. Such waiver or a failure to insist upon strict compliance with any such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Samples: Purchase Agreement (Devry Inc)
Waiver of Compliance. Any failure of Buyer the Sellers or Seller the Company, on the one hand, or Purchaser, on the other, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by SellerPurchaser or Sellers and the Companies, in the event of any such failure by Buyerrespectively; provided, or by Buyerhowever, in the event of any such failure by Seller, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Waiver of Compliance. Any failure of Buyer Seller, on the one hand, or Seller Purchaser, on the other hand, to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by an authorized officer of Purchaser or Seller, in the event of any such failure by Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, but such waiver or failure to insist upon strict compliance with any such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (First Choice Healthcare Solutions, Inc.)
Waiver of Compliance. Any failure of Buyer Buyer, Seller or Seller the Company to comply with any obligation, covenant, agreement or condition contained herein may be expressly waived in writing by Seller, in the event of any such failure by Seller or Buyer, or by Buyer, in the event of any such failure by Sellerrespectively, 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.
Appears in 1 contract
Samples: Stock Purchase Agreement (North Pointe Holdings Corp)