Waiver; Survival. The conditions set forth in this Article 7 are for the exclusive benefit of the Purchaser and may be waived by the Purchaser in writing in whole or in part on or before the Closing Date. Notwithstanding any such waiver, the completion of the Transaction will not prejudice or affect in any way the rights of the Purchaser in respect of the warranties and representations of the Target and the Target Shareholders in this Agreement, and the representations and warranties of the Target and the Target Shareholders in this Agreement will survive the Closing and issuance of the Consideration Shares for the applicable period set out in Sections 3.27 and 4.6, as applicable.
Waiver; Survival. Waiver of any term or condition of this Agreement by either of the respective parties shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach or failure of the same term or condition, or a waiver of any other terra or condition, of this Agreement. Except as otherwise specifically provided herein, the rights and obligations of Purchaser and Seller contained herein shall survive the Closing.
Waiver; Survival. The conditions set forth in this Article 8 are for the exclusive benefit of the Target and the Shareholders and may be waived by the Target and the Shareholders in writing in whole or in part on or before the Closing Date. Notwithstanding any such waiver, completion of the Transaction by the Target and the Shareholders will not prejudice or affect in any way the rights of the Target and the Shareholders in respect of the warranties and representations of the Purchaser set forth in this Agreement, and the representations and warranties of the Purchaser in this Agreement will survive the Closing and issuance of the Consideration Shares for the applicable period set out in Section 5.26.
Waiver; Survival. If any provision of this Agreement is not enforced, it is not a waiver of that provision or of a party’s right to later enforce it. Terms in this Agreement related to intellectual property, compliance, data rights and terms that by their nature are intended to survive its end will continue in full effect after its end.
Waiver; Survival. The obligations of the Executive under this Agreement shall survive termination of the Executive’s employment by the Company. Any failure on the part of the Company to insist upon the performance of this Agreement or any part hereof shall not constitute a waiver of any right under this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and executed by the party waiving the right.
Waiver; Survival. In the event any court determines that this arbitration procedure is not binding or otherwise allows litigation involving a Dispute to proceed, the Parties hereby waive any and all right to trial by jury in, or with respect to, such litigation. This Article IX shall survive any termination of this Agreement.
Waiver; Survival. Notwithstanding anything to the contrary in this SECTION 9, in the event the Executive waives all right to payments and other compensation under this Agreement upon termination, then the restriction of this SECTION 9 shall be inapplicable to the Executive with respect to the period for which compensation is so waived; PROVIDED that the such waiver shall be ineffective for such purposes in the case of termination of the Executive for any reason other than without cause. The Executive agrees that the provisions of this SECTION 9 shall survive the termination of this Agreement and the termination of the Executive's employment.
Waiver; Survival. The conditions set forth in this Article 6 are for the exclusive benefit of the Purchaser and may be waived by the Purchaser in writing in whole or in part on or before the Closing, and the Closing will be deemed to mean a waiver of all conditions of the Purchaser to Closing. Notwithstanding any such waiver, the completion of the transactions contemplated by this Agreement will not prejudice or affect in any way the rights of the Purchaser in respect of the warranties and representations of the Target in this Agreement, and the representations and warranties of the Target in this Agreement will survive the Closing and issuance of the Acquisition Shares for the applicable period set out in Section 3.26.
Waiver; Survival. (a) No failure on the part of either party or any third party beneficiary hereof to exercise and no delay in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Waiver; Survival. The conditions set forth in this Article 7 are for the exclusive benefit of SafeCoat and may be waived in whole or in part, on or before the Closing, by written notice from SafeCoat, and the Closing will be deemed to mean a waiver of all conditions of SafeCoat to Closing. Notwithstanding any such waiver, completion of the transactions contemplated by this Agreement by SafeCoat will not prejudice or affect in any way the rights of SafeCoat in respect of the warranties and representations of ASEP set forth in this Agreement, and the representations and warranties of ASEP in this Agreement will survive the Closing for the applicable period set out in Section 4.6(a).
