WAIVERS AND VARIATION. (a) A provision of, or a right, discretion or authority created under, this agreement may not be: (1) waived except in writing signed by the party granting the waiver; and (2) varied except in writing signed by the parties. (b) A failure or delay in exercise, or partial exercise, of a power, right, authority, discretion or remedy arising from a breach of, or default under this agreement does not result in a waiver of that right, power, authority, discretion or remedy.
Appears in 4 contracts
Samples: Share Sale Agreement (Acco Brands Corp), Bid Implementation Agreement, Share Sale Agreement (Greenhill & Co Inc)
WAIVERS AND VARIATION. (a) A provision of, or a right, discretion or authority created under, this agreement may not be:
(1) waived except in writing signed by the party granting the waiver; and
(2) varied except in writing signed by the parties, except to the extent this agreement expressly provides otherwise.
(b) A failure or delay in exercise, or partial exercise, of a power, right, authority, discretion or remedy arising from a breach of, or default under this agreement does not result in a waiver of that right, power, authority, discretion or remedy.
Appears in 2 contracts
Samples: Co Operation and Contribution Agreement (Peabody Energy Corp), Co Operation and Contribution Agreement (Peabody Energy Corp)
WAIVERS AND VARIATION. (a) A provision of, or a right, discretion or authority created under, this agreement may not be:
(1i) waived except in writing signed by the party granting the waiver; and
(2ii) varied except in writing signed by the parties.
(b) A failure or delay in exercise, or partial exercise, of a power, right, authority, discretion or remedy arising from a breach of, or default under this agreement does not result in a waiver of that right, power, authority, discretion or remedy.
Appears in 2 contracts
Samples: Bid Implementation Agreement, Bid Implementation Agreement
WAIVERS AND VARIATION. (a) A provision of, or a right, discretion or authority created under, under this agreement Agreement may not be:
(1i) waived except in writing signed by the party granting the waiver; and
(2ii) varied except in writing signed by the parties.
(b) A failure or delay in exercise, or partial exercise, of a power, right, authority, discretion or remedy arising from a breach of, or default under this agreement Agreement does not result in a waiver of that right, power, authority, discretion or remedy.
Appears in 2 contracts
Samples: Share Purchase Agreement (Interoil Corp), Sale Agreement (Interoil Corp)
