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 55 contracts
Samples: Securities Purchase Agreement (QS Energy, Inc.), Purchase Common Stock (Redaptive, Inc.), Securities Purchase Agreement (QS Energy, 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 26 contracts
Samples: Investor and Registration Rights Agreement (5E Advanced Materials, Inc.), Investor and Registration Rights Agreement (5E Advanced Materials, Inc.), Resale Registration Rights Agreement (Venus Concept 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: Preferred Stock Purchase Agreement, Stock Purchase Agreement (Ominto, Inc.), Subscription Agreement (Ominto, 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.), Form Of] 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 (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: Put Agreement (Charter Communications Inc /Mo/), Accretion Put Agreement (Allen Paul G), Redemption and Put Agreement (Allen Paul G)
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 9 contracts
Samples: Registration Rights Agreement (Oclaro, Inc.), Registration Rights Agreement (Opnext Inc), Registration Rights Agreement (Opnext 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: Indemnification Escrow Agreement (Merkert American Corp), Indemnification Escrow Agreement (Monroe Inc), Stock Purchase 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 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 time, delay or omission in exercise, or other indulgence.
Appears in 7 contracts
Samples: Agreement to Purchase LLC Interests (RTG Ventures Inc), Registration Rights Agreement (Tsunami Media Corp), Asset Purchase Agreement (Tsunami Media 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 indulgence.
Appears in 7 contracts
Samples: Security Agreement (Resonant Inc), Resonant Inc, Resonant 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 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 indulgence.
Appears in 4 contracts
Samples: Escrow Agreement (Caminus Corp), Stock Purchase Agreement (Caminus Corp), Purchase Agreement (Caminus 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 any other indulgence.
Appears in 3 contracts
Samples: Operating Agreement (Hollywood Park Fall Operating Co), Operating Agreement (Hollywood Park Inc/New/), Kaiser Ventures 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 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 Party hereunder (ia) no waiver or extension of time shall be effective unless expressly contained in a writing signed by the waiving partyParty; 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 3 contracts
Samples: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
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
Samples: Crown Laboratories Inc /De/
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: Stock Purchase Agreement (Optel Inc)
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 (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 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.)
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
Samples: Agreement and Plan of Merger (Homecom Communications 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 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 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 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; 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 1 contract
Samples: Purchase and Sale Agreement (Cinergi Pictures Entertainment Inc)
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)