Common use of Waivers and Amendments Clause in Contracts

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 332 contracts

Samples: Employment Agreement (National Retail Properties, Inc.), Retirement and Transition Agreement (Americas Carmart Inc), Retirement and Transition Agreement (NNN Reit, Inc.)

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Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 142 contracts

Samples: Securities Purchase Agreement (Transportation & Logistics Systems, Inc.), Funds Escrow Agreement, Escrow Agreement (OncBioMune Pharmaceuticals, Inc)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 85 contracts

Samples: Key Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp), Employment Agreement (Metalico Inc)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 68 contracts

Samples: Funds Escrow Agreement, Funds Escrow Agreement (Applied Digital Solutions Inc), Funds Escrow Agreement (Vertical Health Solutions Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 54 contracts

Samples: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 41 contracts

Samples: Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly provided herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 39 contracts

Samples: Employment Agreement (Global Self Storage, Inc.), Employment Agreement (National Storage Affiliates Trust), Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, canceled, renewed superseded or extendedcancelled, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party waiving Party alleged to have waived compliance. Any such signature of the Company must be by an authorized signatory for the Company. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 26 contracts

Samples: Employment Agreement (Tesseract Collective, Inc.), Employment Agreement (Solidion Technology Inc.), Employment Agreement (Solidion Technology Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 23 contracts

Samples: Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed singed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 19 contracts

Samples: Employment Agreement, Employment Agreement (Precipio, Inc.), Employment Agreement (Precipio, Inc.)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Executive and a duly authorized officer of the Company (each, in such capacity, a party) or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 16 contracts

Samples: Employment Agreement (Gene Logic Inc), Executive Employment Agreement (Gene Logic Inc), Employment Agreement (Gene Logic Inc)

Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 15 contracts

Samples: Employment Agreement, Employment Agreement (Sbarro Inc), Engagement Agreement (Sbarro Express LLC)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder (including, without limitation, the right of the Executive to terminate employment for Good Reason) shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor or any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 12 contracts

Samples: Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument instruments signed by the parties orto this Agreement, or in the case of a waiver, by the party waiving compliance. No Except where a specific period for action or inaction is provided herein, no delay on the part of any a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall . Neither any waiver on the part of any a party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 10 contracts

Samples: Merger Agreement (Gexa Corp), Media Commitment and Contribution Agreement (Usani LLC), Merger Agreement (Automatic Data Processing Inc)

Waivers and Amendments. This Agreement may be amended, superseded, ---------------------- canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 9 contracts

Samples: Employment Agreement (Mim Corp), Employment Agreement (Efficient Networks Inc), Employment Agreement (Siemens Aktiengesellschaft/Adr)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extendedcancelled, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power power, or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilegeprivilege hereunder.

Appears in 9 contracts

Samples: Executive Employment Agreement (Toppoint Holdings Inc.), Executive Employment Agreement (Toppoint Holdings Inc.), Executive Employment Agreement (Signing Day Sports, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceparties hereto. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 8 contracts

Samples: Subscription Agreement (TNPC Inc), Contribution and Subscription Agreement (TNPC Inc), Subscription Agreement (TNPC Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto. No delay on the part of any party in exercising any right, power power, or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power power, or privilege nor any single or partial exercise of any such right, power power, or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.

Appears in 8 contracts

Samples: Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 8 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Textainer Group Holdings LTD), Share Purchase Agreement (Textainer Group Holdings LTD)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such other right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Wesco Aircraft Holdings, Inc), Asset Purchase Agreement (Transwitch Corp /De), Stock Acquisition Agreement (Ritchie Capital Management LLC)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party entitled to the benefit thereof waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 7 contracts

Samples: Funds Escrow Agreement (Ventures National Inc), Funds Escrow Agreement (Innovative Companies Inc), Escrow Agreement (Numerex Corp /Pa/)

Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party waiving Party alleged to have waived compliance. Any such signature of the Company must be by an authorized signatory for the Board. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 6 contracts

Samples: Employment Agreement (Cyalume Technologies Holdings, Inc.), Employment Agreement (T3 Motion, Inc.), Employment Agreement (T3 Motion, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, extended and the terms hereof may be waived, only by a written instrument signed by the parties each party, or, in the case of a waiver, by the party waiving compliance. No Except where a specific period for action or inaction is provided herein, no delay on the part of any a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall . Neither any waiver on the part of any a party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 6 contracts

Samples: Funding Agreement (Cognigen Networks Inc), Employment Agreement (Destia Communications Inc), Employment Agreement (Destia Communications Inc)

Waivers and Amendments. This Agreement may be amended, modified, ---------------------- superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 5 contracts

Samples: Funds Escrow Agreement (Elec Communications Corp), Funds Escrow Agreement (Elec Communications Corp), Funds Escrow Agreement (Elec Communications Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 5 contracts

Samples: Series D Preferred Stock Cancellation Agreement (Transportation Technologies Industries Inc), Series C Preferred Stock Exchange Agreement (Transportation Technologies Industries Inc), Series a Preferred Stock Exchange Agreement (Transportation Technologies Industries Inc)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all Parties, or, in the case of a waiver, by the party Party waiving compliance. No Except as expressly stated herein, no delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 5 contracts

Samples: Advisory Services Agreement (MyDx, Inc.), Escrow Agreement (Coconnect Inc), Advisory Services Agreement (Coconnect Inc)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the all parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 4 contracts

Samples: Shares Escrow Agreement (Recovery Network Inc), Subscription Agreement (5 G Wireless Communications Inc), Escrow Agreement (Sims Communications Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any rightrights, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Mazel Stores Inc), Employment Agreement (Odd Job Stores Inc), Employment Agreement (Mazel Stores Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.

Appears in 4 contracts

Samples: Omnibus Closing Agreement, Omnibus Closing Agreement (Terraform Global, Inc.), Omnibus Closing Agreement (Renova Energy S.A.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Cancer Genetics, Inc), Asset Purchase Agreement (Response Genetics Inc), Asset Purchase Agreement (Cancer Genetics, Inc)

Waivers and Amendments. This Agreement may only be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by with a written instrument writing signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc)

Waivers and Amendments. No term or condition of this Agreement may be waived except by a written waiver signed by the Party waiving compliance. This Agreement may be amended, superseded, canceled, renewed amended or extended, and the terms hereof may be waived, modified only by a written instrument signed by the parties or, in the case each of a waiver, by the party waiving complianceBuyer and Seller. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 4 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Non Competition and Non Solicitation Agreement, Non Competition and Non Solicitation Agreement (DCT Industrial Trust Inc.), Non Competition and Non Solicitation Agreement (DCT Industrial Trust Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Dealer and ADP or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Transition Services Agreement (CDK Global, Inc.), Data Center Services Agreement (CDK Global, Inc.), Data Center Services Agreement (CDK Global Holdings, LLC)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part par: of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 4 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Master Agreement (AXA Equitable Holdings, Inc.), Master Agreement (Protective Life Insurance Co), Master Agreement (Protective Life Corp)

Waivers and Amendments. This Agreement Letter may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 4 contracts

Samples: Employment Letter Agreement (NNN Reit, Inc.), Employment Agreement (NNN Reit, Inc.), Employment Agreement (NNN Reit, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Acquisition Agreement, Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyer and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Vessel Purchase Agreement (Star Bulk Carriers Corp.), Membership Purchase Agreement (Intersections Inc), Merger Agreement (Metromedia International Group Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extended, and the terms a provision hereof may be waived, waived only by a written instrument signed by each of the parties orhereto in the case of an amendment, or in the case of a waiver, by the party waiving compliancehereto entitled to make such a waiver. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Reinsurance Agreement (VARIABLE ANNUITY ACCOUNT B OF VOYA RETIREMENT INSURANCE & ANNUITY Co), Reinsurance Agreement (Select Life Variable Account), Reinsurance Agreement (Select Life Variable Account)

Waivers and Amendments. This Agreement may be amended, modified, ------------------------ superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 3 contracts

Samples: Funds Escrow Agreement (New Century Energy Corp.), Funds Escrow Agreement (New Century Energy Corp.), Funds Escrow Agreement (Trinity Learning Corp)

Waivers and Amendments. This Agreement may be amended, modified, ---------------------- superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 3 contracts

Samples: Funds Escrow Agreement (Advanced Aerodynamics & Structures Inc/), Funds Escrow Agreement (Advanced Aerodynamics & Structures Inc/), Funds Escrow Agreement (Goldspring)

Waivers and Amendments. This Agreement may be amended, ---------------------- superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly provided herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Select Medical Corp), Employment Agreement (Select Medical Corp), Employment Agreement (Select Medical Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Jp Foodservice Inc), Release and Settlement Agreement (Rykoff Sexton Inc), Release and Settlement Agreement (Rykoff Sexton Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyer and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Bowne & Co Inc), Stock Purchase Agreement (SDL Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Employment Agreement (B. Riley Financial, Inc.), Employment Agreement (FBR & Co.), Employment Agreement (FBR & Co.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Fleet Purchase Agreement (Ocean Rig Partners LP), Agreement and Plan of Merger (Sba Communications Corp), Purchase and Sale Agreement (Sba Communications Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Orion Power Holdings Inc), Stock Purchase Agreement (Goldfield Corp), Stock Purchase Option Agreement (Westar Industries Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power power, or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Retirement and Transition Agreement (NNN Reit, Inc.), Retirement and Transition Agreement (National Retail Properties, Inc.), Retirement and Transition Agreement (National Retail Properties, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Broadridge and ADP or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Transition Services Agreement, Transition Services Agreement (Broadridge Financial Solutions, Inc.), Transition Services Agreement (Broadridge Financial Solutions, LLC)

Waivers and Amendments. This Except as set forth in Sections 5.6 and 6.1, this Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 3 contracts

Samples: Employment Agreement (Piedmont Office Realty Trust, Inc.), Employment Agreement (Piedmont Office Realty Trust, Inc.), Employment Agreement (Piedmont Office Realty Trust, Inc.)

Waivers and Amendments. This Except as provided below, this Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by Purchaser or Seller, as the party case may be, waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege nor any privilege, and no single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Able Laboratories Inc), Asset Purchase Agreement (Able Laboratories Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Parties hereto or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege hereunder, nor any single or partial exercise of any such other right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 2 contracts

Samples: Share Purchase Agreement (American Lorain CORP), Share Purchase Agreement (American Lorain CORP)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Symons International Group Inc), Asset Purchase Agreement (Goran Capital Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties Renova and EMYC or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.

Appears in 2 contracts

Samples: Option Agreement for Development Assets and Development Project Companies, Option Agreement (Renova Energy S.A.)

Waivers and Amendments. This Agreement may only be amended, superseded, canceled, renewed or extended, and the terms hereof hereof, may be waived, only by with a written instrument writing signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by be a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Merger Agreement (Rykoff Sexton Inc), Merger Agreement (Rykoff Sexton Inc)

Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 2 contracts

Samples: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, parties. The provisions hereof may be waived only in the case of a waiver, writing signed by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Transition Services Agreement (Noble International, Ltd.), Share Purchase Agreement (Noble International, Ltd.)

Waivers and Amendments. This Severance Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)

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Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Consulting Agreement (Ubarter Com Inc), Consulting Agreement (International Barter Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties, or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Coinsurance Agreement (Farmers Annuity Separate Account A), Master Transaction Agreement (Cna Financial Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the this case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, right power or of privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Netreit), Employment Agreement (Netreit)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the both parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege nor hereunder, or any single or partial exercise of any such right, power or privilege, privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 2 contracts

Samples: Employment Agreement (China Direct Trading Corp), Employment Agreement (China Direct Trading Corp)

Waivers and Amendments. This Agreement may be amended, supersededsuspended, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the both parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor thereof Nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 2 contracts

Samples: Employment Agreement (USMD Holdings, Inc.), Employment Agreement (USMD Holdings, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded---------------------- superceded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Option Agreement (Ourpets Co), Option Agreement (Ourpets Co)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties EMYC and Renova or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Terraform Global, Inc.), Securities Swap Agreement (Terraform Global, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties, or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party in Party on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any other such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights and remedies herein provided are cumulative and, unless provided otherwise in this Agreement or the Coinsurance Agreement, are not exclusive of any rights or remedies that any Party may otherwise have at law or in equity.

Appears in 2 contracts

Samples: Trust Agreement, Trust Agreement (CNO Financial Group, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties Buyers and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.

Appears in 2 contracts

Samples: Securities Purchase Agreement (TerraForm Power, Inc.), Securities Purchase Agreement (TerraForm Power, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed singed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (IntraLinks Holdings, Inc.), Employment Agreement (Intralinks Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument that expressly identifies the applicable provision and that is signed by the parties Company and Executive or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Separation Agreement (Orchids Paper Products CO /DE), Separation Agreement (BioScrip, Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Nymex Holdings Inc), Employment Agreement (Nymex Holdings Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party part in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (Olympic Steel Inc), Employment Agreement (Olympic Steel Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyers and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dickstein Partners Inc), Stock Purchase Agreement (Three Cities Fund Ii Lp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Asset Purchase Agreement (SRAX, Inc.), Purchase Agreement (Momentive Specialty Chemicals Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by both of the parties orParties, or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Commutation Agreement, Commutation Agreement (RAM Holdings Ltd.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 2 contracts

Samples: Employment Agreement (FBR Capital Markets Corp), Employment Agreement (Friedman Billings Ramsey Group Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Securities Purchase Agreement (Morton Industrial Group Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nations Flooring Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Unifi and DYC or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Sales and Services Agreement (Unifi Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, Parties hereto. The provisions hereof may be waived only in the case of a waiver, writing signed by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Purchase Agreement (Ryerson Tull Inc /De/)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, both Arcelor and Noble BV. The provisions hereof may be waived only in the case of a waiver, writing signed by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Contract Manufacturing Agreement (Noble International, Ltd.)

Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Merger Agreement (Gannett Co., Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, extended and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege nor or any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Employment Agreement (Sun Television & Appliances Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Company and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Intellectual Property Purchase Agreement (TapSlide, Inc.)

Waivers and Amendments. This Agreement agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Natrol Inc)

Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed singed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any by ally party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Employment Agreement (IntraLinks Holdings, Inc.)

Waivers and Amendments. This Agreement may be amended, supersededsuperceded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in Purchaser and the case of a waiver, by the party waiving complianceSeller. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Stock Purchase Agreement (Twinlab Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Contributor and the Company or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Credit Agreement (Verso Paper Holdings LLC)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties both The Institutes and Foundation or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Affiliation Agreement

Waivers and Amendments. This Agreement may be amended, supersededsuperceded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in Company and the case of a waiver, by the party waiving complianceExecutive. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Termination Agreement (Twinlab Corp)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, amended and the terms hereof may be waived, and consents may be provided, only by a written instrument signed by the parties Seller and Purchaser or, in the case of a consent or waiver, by the party Purchaser or Seller, as applicable, who is providing such consent or waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, ; nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Emcore Corp)

Waivers and Amendments. This Agreement agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, right power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Employment Agreement (Unisphere Networks Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving complianceparties. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Director and Chairman Agreement (NewPage Holdings Inc.)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed superseded or extended, canceled only by a written instrument signed by Buyer and the Sellers' Representative. Any of the terms or conditions hereof may be waived, waived only by a written instrument signed by the party or parties or, in (Buyer and the case Sellers' Representative on behalf of a waiver, by the party waiving complianceSellers) to be bound thereby. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Artesyn Technologies Inc)

Waivers and Amendments. This Subject to the applicable provisions of the VSCA and DGCL, this Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by or on behalf of the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Merger Agreement (Infodata Systems Inc)

Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the 18 part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Employment Agreement (Ciber Inc)

Waivers and Amendments. This Agreement may be amended, ; superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Employment Agreement (Tickets Com Inc)

Waivers and Amendments. This Agreement agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Company and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.

Appears in 1 contract

Samples: Asset Purchase Agreement (Endeavor Explorations Inc.)

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