WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party hereto of a breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 14 contracts
Samples: Distribution Agreement (Momentum Business Applications Inc), Distribution Agreement (Peoplesoft Inc), Distribution Agreement (Allergan Specialty Therapeutics Inc)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party hereto of a breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such any other term or condition for any other termof this Agreement. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 10 contracts
Samples: Research and Development Agreement (Allergan Specialty Therapeutics Inc), Technology License Agreement (Allergan Specialty Therapeutics Inc), Technology License Agreement (Allergan Specialty Therapeutics Inc)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party hereto of a breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 5 contracts
Samples: License Agreement (Crescendo Pharmaceuticals Corp), License Agreement (Crescendo Pharmaceuticals Corp), License Agreement (Alza Corp)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either any party hereto of a breach of any provisions of this Agreement shall will not be implied and shall will not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party or parties in strict accordance with the terms and conditions of this Agreement shall will not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either any party of any term or condition of this Agreement Agreement, including this Section 5.1, shall be valid only if in writing and will not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall will be cumulative and none of them shall will be a limitation of any other remedy, right, undertaking, obligation or agreement of either any party. This Agreement may not be amended except in a writing signed by both all parties.
Appears in 3 contracts
Samples: Manufacturing and License Agreement (Elite Pharmaceuticals Inc /Nv/), Manufacturing and License Agreement (Elite Pharmaceuticals Inc /Nv/), Manufacturing and License Agreement (Elite Pharmaceuticals Inc /Nv/)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either any party hereto of a breach of any provisions of this Agreement shall will not be implied and shall will not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party or parties in strict accordance with the terms and conditions of this Agreement shall will not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either any party of any term or condition of this Agreement Agreement, including this Section 8.1, shall be valid only if in writing and will not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall will be cumulative and none of them shall will be a limitation of any other remedy, right, undertaking, obligation or agreement of either any party. This Agreement may not be amended except in a writing signed by both all parties.
Appears in 3 contracts
Samples: License Agreement (Elite Pharmaceuticals Inc /Nv/), License Agreement (Elite Pharmaceuticals Inc /Nv/), Sublicense Agreement (Biosante Pharmaceuticals Inc)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party ------------------------------ hereto of a breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 2 contracts
Samples: License Option Agreement (Crescendo Pharmaceuticals Corp), Services Agreement (Crescendo Pharmaceuticals Corp)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party ------------------------------ hereto of a breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such any other term or condition for any other termof this Agreement. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 2 contracts
Samples: Technology License Agreement (Crescendo Pharmaceuticals Corp), Development Agreement (Crescendo Pharmaceuticals Corp)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either any party hereto of a breach of any provisions of this Agreement shall will not be implied and shall will not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party or parties in strict accordance with the terms and conditions of this Agreement shall will not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either any party of any term or condition of this Agreement Agreement, including this Section 6.1, shall be valid only if in writing and will not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall will be cumulative and none of them shall will be a limitation of any other remedy, right, undertaking, obligation or agreement of either any party. This Agreement may not be amended except in a writing signed by both all parties.
Appears in 1 contract
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either party hereto of a ------------------------------ breach of any provisions of this Agreement shall not be implied and shall not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either party of any term or condition of this Agreement shall not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement of either party. This Agreement may not be amended except in a writing signed by both parties.
Appears in 1 contract
Samples: Distribution Agreement (Crescendo Pharmaceuticals Corp)
WAIVER, REMEDIES AND AMENDMENT. Any waiver by either any party hereto of a breach of any provisions of this Agreement shall will not be implied and shall will not be valid unless such waiver is recited in writing and signed by such party. Failure of any party to require, in one or more instances, performance by the other party or parties in strict accordance with the terms and conditions of this Agreement shall will not be deemed a waiver or relinquishment of the future performance of any such terms or conditions or of any other terms and conditions of this Agreement. A waiver by either any party of any term or condition of this Agreement Agreement, including this Section 8.1, shall be valid only if in writing and will not be deemed or construed to be a waiver of such term or condition for any other term. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall will be cumulative and none of them shall will be a limitation of any other remedy, right, undertaking, obligation or agreement of either any party. This Agreement may not be amended except in a writing signed by both all parties.. β
Appears in 1 contract