Common use of Waivers and Further Agreements Clause in Contracts

Waivers and Further Agreements. Any provision of this Agreement may be waived by an instrument in writing executed and delivered by (i) the Requisite Investors and (ii) the Holders holding at least two-thirds of the Shares held by the Holders (which must include T-Venture), in the aggregate (calculated on an as-converted to Common Stock basis). Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver may treat one Investor more adversely than any other Investor, or treat one Holder more adversely than any other Holder, without the consent of such Investor or Holder, respectively, adversely affected by such waiver (ignoring for these purposes any disparity resulting solely from the fact that the various parties hereto hold different numbers of shares of Stock).

Waivers and Further Agreements. Any provision of the provisions of this Agreement (except Sections 5 and 6) may be waived by an instrument in writing executed and delivered by (i) the Requisite Investors and (ii) the Holders Stockholders holding at least two-thirds a majority of the Shares shares of Common Stock held by the Holders (which must include T-Venture)all Stockholders, in the aggregate (calculated on an asa fully-converted to Common Stock diluted basis). Any waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision hereof. Each of the parties hereto agrees to execute all such further instruments and documents and to take all such further action as any other party may reasonably require in order to effectuate the terms and purposes of this Agreement. Notwithstanding the foregoing, no waiver may treat approved in accordance herewith shall be effective if and to the extent that such waiver grants to any one Investor or more adversely Holders any rights more favorable than any rights granted to all other Investor, Holders or treat otherwise treats any one Holder or more adversely Holders differently than any all other Holder, without the consent of such Investor or Holder, respectively, adversely affected by such waiver (ignoring for these purposes any disparity resulting solely from the fact that the various parties hereto hold different numbers of shares of Stock)Holders.