Common use of Waivers, etc Clause in Contracts

Waivers, etc. No failure or delay on the part of a party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 22 contracts

Samples: Tax Sharing Agreement (Mobileye Global Inc.), Separation and Distribution Agreement (Vmware, Inc.), Separation and Distribution Agreement (Dell Technologies Inc.)

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Waivers, etc. No failure or delay on the part of a either party (or the intended third-party beneficiaries referred to herein) in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, power preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writingwriting and signed by an authorized officer of each of the parties, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 17 contracts

Samples: Registration Rights Agreement (RS Properties I LLC), Registration Rights Agreement (Sands Brothers Venture Capital Ii LLLC), Registration Rights Agreement (Wellpoint Health Networks Inc /De/)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 14 contracts

Samples: Tax Sharing Agreement (Era Group Inc.), Tax Sharing Agreement (Era Group Inc.), Employee Matters Agreement (Metavante Holding CO)

Waivers, etc. No failure or delay on the part of a any party in exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, power or any abandonment or discontinuance of steps to enforce such right or power, power preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given.

Appears in 13 contracts

Samples: Tax Indemnification Agreement (Postal Realty Trust, Inc.), Tax Indemnification Agreement (Postal Realty Trust, Inc.), Tax Matters Agreement (Stewart & Stevenson LLC)

Waivers, etc. No failure or delay on the part of a either party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision of this Agreement nor consent to any departure by the parties either party therefrom shall in any event be effective unless the same shall be in writingwriting and, and then such in the case of a waiver or consent consent, shall be effective only in the specific instance and for the purpose for which given.

Appears in 12 contracts

Samples: Purchase Agreement (Nationwide Financial Services Inc/), Purchase Agreement (Rockwell Collins Inc), Purchase Agreement (Cincinnati Financial Corp)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 8 contracts

Samples: Tax Allocation Agreement (Reliant Resources Inc), Tax Allocation Agreement (Reliant Energy Resources Corp), Tax Indemnification Agreement (Southern Energy Inc)

Waivers, etc. No failure or delay on the part of a either party hereto (or the intended third party beneficiaries referred to herein) in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 7 contracts

Samples: Registration Rights Agreement (Anicom Inc), Stockholders and Registration Rights Agreement (Shorewood Packaging Corp), Registration Rights Agreement (Sabre Group Holdings Inc)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 7 contracts

Samples: Tax Indemnification Agreement (Melita International Corp), Amendment Agreement (Microstrategy Inc), Tax Indemnification Agreement (Microstrategy Inc)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 7 contracts

Samples: Tax Sharing Agreement (SFX Entertainment Inc), Tax Sharing Agreement (SFX Entertainment Inc), Exhibit Agreement (Aprisma Management Technologies Inc)

Waivers, etc. No failure or delay on the part of a party Party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties Parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 5 contracts

Samples: Tax Matters Agreement (Celera CORP), Tax Sharing Agreement (TreeHouse Foods, Inc.), Tax Sharing Agreement (Dean Foods Co/)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement Agreement, nor the consent to any departure by the parties therefrom therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 5 contracts

Samples: Tax Matters Agreement (Clear Channel Outdoor Holdings, Inc.), Tax Matters Agreement (Clear Channel Holdings, Inc.), Tax Matters Agreement (Alon Brands, Inc.)

Waivers, etc. No failure or delay on the part of a either party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision of this Agreement nor consent to any departure by the parties either party therefrom shall in any event be effective unless the same shall be in writing, and then such and, in the case of a waiver or consent consent, shall be effective only in the specific instance and for the purpose for which given.

Appears in 5 contracts

Samples: Purchase Agreement (Amgen Inc), Purchase Agreement (Amgen Inc), Purchase Agreement (Duke Energy Corp)

Waivers, etc. No failure or delay on the part of a any party in exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties any party therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 4 contracts

Samples: Tax Indemnification Agreement (Advantage Learning Systems Inc), Tax Indemnification Agreement (Advantage Learning Systems Inc), Tax Indemnification Agreement (Advantage Learning Systems Inc)

Waivers, etc. No failure or delay on the part of a either party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, power preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writingwriting and signed by each of the parties, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Lewis Robert E), Shareholder Agreement (Kaufman & Broad Home Corp), Stock Purchase Agreement (Lewis Randall W)

Waivers, etc. No failure or delay on the part of a party the parties in ------------- exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 3 contracts

Samples: Tax Sharing Agreement (Agilent Technologies Inc), Tax Sharing Agreement (Agilent Technologies Inc), Tax Sharing Agreement (Agilent Technologies Inc)

Waivers, etc. No failure or delay on the part of a party the Parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of or any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties Parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 2 contracts

Samples: Tax Sharing and Indemnification Agreement (Pharmacia Corp /De/), Tax Sharing and Indemnification Agreement (Monsanto Co /New/)

Waivers, etc. No failure or delay on the part of a any party in exercising any power or right hereunder under this Agreement shall operate as a waiver thereofthereof , nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties any party therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 2 contracts

Samples: Tax Indemnification Agreement (Advanced Communication Systems Inc), Tax Indemnification Agreement (Linkage Solutions Inc)

Waivers, etc. No failure or delay on the part of a party the parties ------------ in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 2 contracts

Samples: Tax Sharing Agreement (Millipore Corp /Ma), Tax Sharing Agreement (Mykrolis Corp)

Waivers, etc. No failure or delay on the part of a any party in ------------ exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, power or any abandonment or discontinuance of steps to enforce such right or power, power preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given.

Appears in 2 contracts

Samples: Tax Indemnification Agreement (Embedded Support Tools Corp), Tax Indemnification Agreement (World Wrestling Federation Entertainment Inc)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement Agreement, nor consent to any departure by the parties therefrom therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 2 contracts

Samples: Tax Allocation and Indemnity Agreement (Lakes Gaming Inc), Tax Allocation and Indemnity Agreement (Grand Casinos Inc)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Tax Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Agreement (510152 N B LTD)

Waivers, etc. No failure or delay on the part of a party the parties in ------------ exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Employee Matters Agreement (Metavante Corp)

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Waivers, etc. No failure or delay on the part of a party the parties in exercising ------------- any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing and Indemnification Agreement (Unisource Worldwide Inc)

Waivers, etc. No failure or delay on the part of a party any Party in ----------- ------------ exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties any party therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Cross Indemnification Agreement (Corporate Executive Board Co)

Waivers, etc. No failure or delay on the part of a party the parties in ------------ exercising any power or right hereunder shall operate as a waiver thereofhereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Consolidated Income Tax Agreement (Citizens Corp /De/)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor not shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Infinity Broadcasting Corp /De/)

Waivers, etc. No failure or delay on the part of a party the Parties in ------------ exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of or any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties Parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Monsanto Co /New/)

Waivers, etc. No failure or delay on the part of a party the parties in ------------ exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Millipore Microelectronics Inc)

Waivers, etc. No failure or delay on the part of a party the parties in ------------- exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Tax Sharing Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Corecomm Inc)

Waivers, etc. No failure or delay on the part of a party the parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or of power. No modification or waiver of any provision of this Tax Disaffiliation Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Disaffiliation Agreement (Corecomm LTD)

Waivers, etc. No failure or delay on the part of a either party hereto in exercising any power or right hereunder shall operate as a waiver wavier thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver wavier of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Registration Rights Agreement (Ladish Co Inc)

Waivers, etc. No failure or delay on the part of a party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Letter Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Vmware, Inc.)

Waivers, etc. No failure or delay on the part of a party any Party in exercising any power or right hereunder under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties any party therefrom shall in any event be effective unless the same it shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Cross Indemnification Agreement (Advisory Board Co)

Waivers, etc. No failure or delay on the part of a either party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writingwriting and signed by an authorized officer of each of the parties, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Loan Agreement (Realmed Corp)

Waivers, etc. No failure or delay on the part of a party the parties in ------------ exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of or any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing and Indemnification Agreement (Monsanto Co)

Waivers, etc. No failure or delay on the part of a party the ------------ parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. No modification or waiver of any provision of this Tax Sharing Agreement nor consent to any departure by the parties therefrom shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

Appears in 1 contract

Samples: Tax Sharing Agreement (Corecomm Inc)

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