Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 56 contracts
Samples: Note Purchase Agreement (QS Energy, Inc.), Note Purchase Agreement (QS Energy, Inc.), Warrant Agreement (Redaptive, Inc.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall will be effective unless expressly contained in a writing signed by the waiving party; party and (iib) no alteration, modification or impairment shall will be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 29 contracts
Samples: Resale Registration Rights Agreement (Venus Concept Inc.), Investor and Registration Rights Agreement (5E Advanced Materials, Inc.), Registration Rights Agreement (Neuronetics, Inc.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder hereunder, (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; , and (iib) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or by any other indulgence.
Appears in 17 contracts
Samples: Non Qualified Stock Option Agreement, Stock Option Agreement (Biolargo, Inc.), Stock Option Agreement (Biolargo, Inc.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or by any other indulgence.
Appears in 17 contracts
Samples: Series C Preferred Stock Purchase Agreement, Subscription Agreement (Ominto, Inc.), Stock Purchase Agreement (Ominto, Inc.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (iib) no alterationalternation, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, exercise or other indulgence.
Appears in 9 contracts
Samples: Purchase and Contribution Agreement (Charter Communications Inc /Mo/), Redemption and Put Agreement (Allen Paul G), Contribution Agreement (Charter Communications Inc /Mo/)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; , and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 7 contracts
Samples: Exchange Agreement (Resonant Inc), Warrant Agreement (Resonant Inc), Warrant Agreement (Resonant Inc)
Waivers Strictly Construed. With regard to any power, remedy or -------------------------- right provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (iib) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 7 contracts
Samples: Escrow Agreement (Mac-Gray Corp), Indemnification Escrow Agreement (Monroe Inc), Indemnification Escrow Agreement (Merkert American Corp)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or by an other indulgence.
Appears in 5 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Mandalay Digital Group, Inc.), Indemnification Agreement (ChromaDex Corp.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other by another indulgence.
Appears in 3 contracts
Samples: Employment Agreement (Digital Turbine, Inc.), Employment Agreement (Mandalay Digital Group, Inc.), Employment Agreement (Mandalay Digital Group, Inc.)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (iib) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay delay, or omission in exercise, exercise or other indulgence.
Appears in 3 contracts
Samples: Exchange Agreement (Charter Communications Inc /Mo/), Exchange Agreement (Charter Communications Inc /Mo/), Exchange Agreement (Charter Communications Inc /Mo/)
Waivers Strictly Construed. With regard to any power, -------------------------- remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or by any other indulgence.
Appears in 3 contracts
Samples: Operating Agreement (Hollywood Park Inc/New/), Operating Agreement (Kaiser Ventures Inc), Operating Agreement (Hollywood Park Fall Operating Co)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall will be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.)
Appears in 1 contract
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) hereunder, no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; , and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or by any other indulgence.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Calavo Growers Inc)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein -------------------------- or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied by reason of any previous waiver, ; extension of time, delay or omission in exercise, or other indulgence.
Appears in 1 contract
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, waiver, modification or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 1 contract
Samples: Unit Purchase Warrant (Optel Inc)
Waivers Strictly Construed. With regard to any power, remedy or ---------------------------- right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall will be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall will be implied by reason of any previous waiver, extension of timelime, delay or omission in exercise, or other indulgence.,
Appears in 1 contract
Waivers Strictly Construed. With regard to any power, remedy or -------------------------- right provided herein or otherwise available to any party hereunder (i) no waiver or extension of time shall will be effective unless expressly contained in a writing signed by the waiving party; and (ii) no alterationalternation, modification or impairment shall will be implied by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hollywood Park Inc/New/)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein in this Agreement or otherwise available to any party hereunder under this Agreement; (i) no waiver or extension of time shall be effective unless expressly contained set forth in a writing signed by the waiving party; and (ii) no alteration, modification or impairment shall be implied presumed to be given to LICENSEE by reason of any previous waiver, extension of time, delay or omission in exercise, or other indulgence.
Appears in 1 contract
Samples: License Agreement (Astralis LTD)
Waivers Strictly Construed. With regard to any power, remedy or right provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving party; and (iib) no alteration, modification modification, or impairment shall be implied by reason of any previous waiver, extension of time, delay or omission in exercise, exercise or other indulgence.
Appears in 1 contract
Samples: Put Agreement (Allen Paul G)
Waivers Strictly Construed. With regard to any power, remedy or right provided provided herein or otherwise available to any party hereunder (ia) no waiver or extension of time shall will be effective unless expressly contained in a writing signed by the waiving party; party and (iib) no alterationalteration, modification or impairment shall will be implied by reason of any previous waiver, extension of of time, delay or omission in exercise, or other indulgence.indulgence.
Appears in 1 contract
Samples: Resale Registration Rights Agreement (Nextnav Inc.)
