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 21 contracts

Samples: Tax Matters Agreement (Vmware, Inc.), Letter Agreement (Vmware, Inc.), Letter Agreement (Dell Technologies Inc.)

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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 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 13 contracts

Samples: Tax Sharing Agreement (Era Group Inc.), Tax Sharing Agreement (Era Group Inc.), Tax Sharing Agreement (Cavco Industries 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 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 (Cincinnati Financial Corp), 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 (Centerpoint Energy Inc), Tax Indemnification Agreement (Savannah Electric & Power Co), Tax Indemnification Agreement (Southern Energy 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), Agreement (Cabletron Systems 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 6 contracts

Samples: Tax Indemnification Agreement (Forrester Research Inc), Tax Indemnification Agreement (Melita International Corp), 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 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: Registration Rights Agreement (Amgen Inc), Registration Rights Agreement (Amgen Inc), Purchase Agreement (Duke Energy Corp)

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 Sharing Agreement (Dean Foods Co/), Tax Matters Agreement (Celera CORP), Tax Sharing Agreement (TreeHouse Foods, 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), Stock Purchase Agreement (Kb Home), Shareholder Agreement (Kaufman & Broad Home 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 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 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 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 (Monsanto Co /New/), Sharing and Indemnification Agreement (Pharmacia Corp /De/)

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 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 (Linkage Solutions Inc), Tax Indemnification Agreement (Advanced Communication Systems 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 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 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: Letter Agreement (Vmware, 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 1 contract

Samples: Tax Sharing Agreement (Millipore Microelectronics 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 1 contract

Samples: Registration Rights Agreement (CSG Systems International Inc)

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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 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: Disaffiliation Agreement (Corecomm 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 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: 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 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 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 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)

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: 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 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.. 10.15

Appears in 1 contract

Samples: Tax Sharing Agreement (Associates First Capital 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 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: Sharing Agreement (Corecomm 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 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 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.. Section 5.7

Appears in 1 contract

Samples: Tax Indemnification Agreement (Forrester Research 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 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 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 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)

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