Common use of Waivers and Modification Clause in Contracts

Waivers and Modification. No modification of this Agreement or waiver of any term or condition herein shall be effective unless it refers to this Agreement, explicitly states that it intends to modify this Agreement or to waive a term or condition herein, is in writing, and is signed by both parties hereto. Terms contrary or in addition to the terms of this Agreement in any document or correspondence shall have no effect whatsoever unless said document or correspondence meets the aforesaid conditions. Any waiver of any term or condition of this Agreement, or of the breach of any covenant, representation, or warranty contained herein, in any one instance, shall not operate or be deemed to be or construed as a further or continuing waiver of such term, condition, or breach of covenant, representation, or warranty, nor shall any failure to exercise, or delay in exercising, any right, remedy, or power under this Agreement operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.