Common use of Waiver of Compliance Clause in Contracts

Waiver of Compliance. Any failure of any Seller, on the one hand, or Buyer, on the other hand, to comply with an obligation, covenant, agreement or condition contained in this Purchase Agreement may be expressly waived in writing by the non-failing Party, 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: Purchase and Sale Agreement, Purchase and Sale Agreement (DCP Midstream Partners, LP), Purchase and Sale Agreement (DCP Midstream Partners, LP)

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Waiver of Compliance. Any failure of any the Seller, on the one hand, or Buyer, the Buyer on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by an authorized officer of the non-failing Partyother party, 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, to any subsequent or other failure.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Kti Inc), Asset Purchase Agreement (Kti Inc), Asset Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of any SellerSellers, on the one hand, or Buyer, Buyer on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by an authorized officer of the non-failing Partyother party, 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, to any subsequent or other failure.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Kti Inc), Securities Purchase Agreement (Kti Inc), Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of any Seller, Sellers on the one hand, or Buyer, on the other handother, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyany duly elected officer of Buyer or Sellers’ 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 any SellerPurchasers, on the one hand, or BuyerSellers, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing PartyParty or Parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, 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: Equity Purchase Agreement (Globant S.A.), Equity Purchase Agreement (Globant S.A.)

Waiver of Compliance. Any failure of any Seller, Buyer on the one hand, or Buyera Seller, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing Partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Collegiate Pacific Inc), Stock Purchase Agreement (Emerson Radio Corp)

Waiver of Compliance. Any failure of any Seller, on the one hand, Company or Buyer, on the other hand, Purchaser to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyother party, 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: Securities Purchase Agreement (I2 Technologies Inc), Securities Purchase Agreement (Vialink Co)

Waiver of Compliance. Any failure of any Seller, Seller on the one hand, or Buyer, the Company on the other hand, to comply with an any obligation, covenant, agreement agreement, or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing PartyCompany or Seller, respectively, only by a written instrument signed by the party granting such waiver, but such waiver or failure to insist upon strict compliance shall not operate as a waiver of, or estoppel with respect to, any subsequent subsequent, continuing or other failure.

Appears in 2 contracts

Samples: Stock Repurchase Agreement, Stock Repurchase Agreement (Document Sciences Corp)

Waiver of Compliance. Any failure of any Seller, Buyer on the one hand, or Buyera Selling Stockholder, on the other hand, to comply with an any obligation, covenant, agreement agreement, or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing Partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Collegiate Pacific Inc), Stock Purchase Agreement (Collegiate Pacific Inc)

Waiver of Compliance. Any failure of any Sellerthe Buyer, on the one hand, or BuyerSellers, on the other handother, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyother party, 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: Stock Exchange Agreement and Plan of Reorganization (Eduverse Com), Stock Exchange Agreement and Plan of Reorganization (Eduverse Com)

Waiver of Compliance. Any failure of any Seller, on the one hand, or Buyer, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement may be expressly waived in writing by the non-failing Party, 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 (American Midstream Partners, LP), Purchase and Sale Agreement

Waiver of Compliance. Any failure of any the Members or the Seller, on the one hand, or the Buyer, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement may be expressly waived in writing by the non-failing PartyBuyer, on the one hand, or the Seller, on the other 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 Company, the Seller, the Members or the Buyer.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement, Stock Purchase and Sale Agreement (Smith & Wesson Holding Corp)

Waiver of Compliance. Any failure of any SellerSellers, on the one hand, or Buyer, on the other hand, to comply with an obligation, covenant, agreement or condition contained in this Purchase Agreement may be expressly waived in writing by the non-failing PartyParties, 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: Interest Purchase Agreement (BP Midstream Partners LP), Interest Purchase Agreement

Waiver of Compliance. Any failure of any Seller, on the one hand, or Buyer, Buyers on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by an authorized officer of the non-failing Partyother party, 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, to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of any Sellerthe Sellers, on the one -------------------- hand, or Buyer, on the other handother, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyparty having the right to insist upon performance of such obligation, agreement or condition; but such waiver or failure to insist upon strict compliance with such obligation, 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: Agreement of Purchase and Sale (Knickerbocker L L Co Inc)

Waiver of Compliance. Any failure of any Seller, Buyer on the one hand, or Buyerany member of the Selling Group, on the other hand, to comply with an any obligation, covenant, agreement agreement, or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing Partyparty or parties 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 1 contract

Samples: Asset Purchase Agreement (Capstar Broadcasting Partners Inc)

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Waiver of Compliance. Any failure of any Seller, on the one hand, or Buyer, Buyer on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by an authorized officer of the non-failing Partyother party, 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, to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of any Seller, on the one hand, Sellers or Buyer, on the other hand, Buyer to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyother party, 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 an estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Purchase Agreement (Canandaigua B V)

Waiver of Compliance. Any failure of any Seller, on the one hand, or Buyer, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyan authorized officer of Buyer or Seller, respectively, 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 any Seller, the Seller Parties on the one hand, or the Buyer, on the other handother, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by any duly elected officer of the non-failing PartyBuyer or the Seller Parties, 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 (Gibraltar Industries, Inc.)

Waiver of Compliance. Any failure of any Seller, on the one hand, or BuyerPurchaser, on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyan authorized officer of Purchaser or Seller, respectively, 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 any Seller, Buyer on the one hand, or Buyerthe Company or the Selling Securityholders, on the other hand, to comply with an any obligation, covenant, agreement Agreement, or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing Partyparty or parties 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 1 contract

Samples: Stock Purchase Agreement (H R Window Supply Inc)

Waiver of Compliance. Any failure of any SellerSellers, on the one hand, or Buyer, on the other handother, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing PartyPresident or a Vice President of any such party, 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: Equity Purchase Agreement (Star Gas Partners Lp)

Waiver of Compliance. Any failure of any SellerSellers, on the one hand, or Buyer, Buyer on the other hand, to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by an authorized offer of the non-failing Partyother party, 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, to any subsequent or other failure.

Appears in 1 contract

Samples: Securities Purchase Agreement (Kti Inc)

Waiver of Compliance. Any failure of any Seller, Buyer on the one hand, or Buyera Seller Party, on the other hand, to comply with an any obligation, covenant, agreement agreement, or condition contained in this Purchase Agreement herein may be expressly waived only if set forth in an instrument in writing signed by the non-failing Partyparty or parties to be bound by such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (Collegiate Pacific Inc)

Waiver of Compliance. Any Except as otherwise provided in this Agreement, any failure of any Seller, on the one hand, Buyer or Buyer, on the other hand, Selling Shareholder to comply with an any obligation, covenant, agreement or condition contained in this Purchase Agreement herein may be expressly waived in writing by the non-failing Partyparty entitled to the benefits thereof only by a written instrument signed by the party granting such waiver, but any such 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 1 contract

Samples: Stock Purchase Agreement (Mashov Computers LTD)

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