Common use of Waiver of Compliance Clause in Contracts

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 12 contracts

Samples: Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc), Purchase and Sale Agreement (Dominion Energy, Inc)

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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 5 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 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 (Arvin Industries Inc), Purchase Agreement (Westinghouse Air Brake Co /De/), Purchase Agreement (Westinghouse Air Brake Co /De/)

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 or condition contained herein may be expressly waived in writing by the Seller (in respect of failures by the Buyer) or the Buyer (in respect of failures by the 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 3 contracts

Samples: Stock Purchase Agreement (Nortek Inc), Stock Purchase Agreement (Ply Gem Industries Inc), Stock Purchase Agreement (Ply Gem Industries 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 Resources Corp), Purchase Agreement (Reliant Energy Mid Atlantic Power Services 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 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 (Dominion Energy, Inc), Purchase and Sale Agreement (Berkshire Hathaway Energy Co)

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 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 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 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 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

Samples: Asset Purchase Agreement (PLM International Inc)

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 Sellerthe Chairman, in the event President or a Vice President of any such failure by BuyerBuyer or Mark XX, or by Buyer, in the event of any such failure by Seller, but xxt 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: Purchase Agreement (Clarcor 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 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

Samples: Stock Purchase Agreement (Stevens Robert L)

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

Samples: Stock Purchase Agreement (Peco Energy Co)

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)

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 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 Seller, in the event President or Chief Executive Officer 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

Samples: Stock Purchase Agreement (Star Gas Partners Lp)

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 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

Samples: Asset Purchase Agreement (Fast Food Operators 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

Samples: Stock Purchase Agreement (Audiovox Corp)

Waiver of Compliance. Any failure of Buyer Purchaser on the one hand, or Seller or the Stockholders 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: Asset Purchase Agreement (Devry Inc)

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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 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: Asset Purchase Agreement (Margo Caribe 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 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

Samples: Stock Purchase Agreement (CBRL 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 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: Asset Purchase Agreement (Applied Power 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 Company, 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

Samples: Stock Purchase Agreement (Sierra Well Service 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 the President or Executive Vice President or other 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 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 (Shop Vac Corp)

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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Enbridge 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 1 contract

Samples: Purchase Agreement (Mark Iv Industries 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 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

Samples: Purchase and Sale Agreement (Team Inc)

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

Samples: Asset Purchase Agreement (Roundys 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 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

Samples: Asset Purchase Agreement (Consoltex Usa 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

Samples: Acquisition Agreement (Owens Illinois Inc /De/)

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: Asset Purchase Agreement (Margo Caribe Inc)

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