Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 220 contracts
Samples: Merger Agreement, Distribution Agreement (Cimarex Energy Co), Merger Agreement (Globalsantafe Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 35 contracts
Samples: Cross Stock Purchase Agreement, Stock Purchase Agreement (World Health Energy Holdings, Inc.), Stock Purchase Agreement (SecureAlert, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 28 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (One Horizon Group, Inc.), Asset Purchase Agreement (Air Industries Group)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 12 contracts
Samples: Merger Agreement (Monroe James L), Merger Agreement (Avantgo Inc), Merger Agreement (Avantgo Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 12 contracts
Samples: Sale and Purchase Agreement (Intelligent Communication Enterprise Corp), Sale and Purchase Agreement (Intelligent Communication Enterprise Corp), Sale and Purchase Agreement (Intelligent Communication Enterprise Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. The failure of any party to this Agreement to assert any of its rights under this Agreement shall not constitute a waiver of such rights.
Appears in 12 contracts
Samples: Merger Agreement (Frontier Oil Corp /New/), Merger Agreement (Holly Corp), Agreement and Plan of Reorganization (American Post Tension, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants covenants, or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 10 contracts
Samples: Asset Purchase Agreement (SCB Computer Technology Inc), Stock Purchase Agreement (SCB Computer Technology Inc), Merger Agreement (Healthstream Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement or in any of the Ancillary Documents. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Offer Agreement (Invensys Holdings LTD), Merger Agreement (RHH Acquisition Corp), Merger Agreement (M Acquisition Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Merger Agreement (Univision Communications Inc), Merger Agreement (International Paper Co /New/), Merger Agreement (Innovex Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this the Agreement. The waiver by any party hereto of to a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Merger Agreement (Saratoga International Holdings Corp), Purchase and Sale Agreement (Saratoga International Holdings Corp), Plan of Reorganization and Share Exchange Agreement (Saratoga International Holdings Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 9 contracts
Samples: Tax Matters Agreement (Venator Materials PLC), Tax Matters Agreement (Venator Materials PLC), Tax Sharing Agreement (California Resources Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyparty hereto, nor any failure or delay on the part of any party hereto in the exercise of any right hereunder, shall be deemed to constitute a waiver by the party taking such action of compliance with of any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 8 contracts
Samples: Voting and Standstill Agreement (Sokol David L), Voting and Standstill Agreement (Access National Corp), Voting and Standstill Agreement (Middleburg Financial Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 8 contracts
Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Agreement and Plan of Merger (Lyondell Chemical Co), Agreement and Plan of Merger (Millennium Chemicals Inc)
Waivers. Except as otherwise specifically provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder contained in this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundercontained in this Agreement.
Appears in 7 contracts
Samples: Support Agreement (Alberto Culver Co), Support Agreement (Alberto Culver Co), Support Agreement (Alberto Culver Co)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Merger Agreement (Physicians Resource Group Inc), Purchase and Sale Agreement (Hydron Technologies Inc), Merger Agreement (Pentegra Dental Group Inc)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any party, Party) nor inaction pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party not committing such action or inaction. The A waiver by any party hereto Member of a particular right, including breach of any provision hereunder of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 7 contracts
Samples: Limited Liability Company Agreement (Vine Energy Inc.), Limited Liability Company Agreement (Vine Energy Inc.), Interim Investors Agreement
Waivers. Except as provided in this Agreement, no action ------- taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Merger Agreement (MTL Inc), Merger Agreement (Copley Properties Inc), Merger Agreement (Petrolite Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall Agreement and will not operate or be construed as a waiver of any prior or subsequent breach breach, whether of the same a similar or any other provision hereunderdissimilar nature.
Appears in 7 contracts
Samples: Voting Agreement (Citizens Community Bancorp Inc.), Merger Agreement (Great Western Bancorp, Inc.), Letter Agreement (Citizens Community Bancorp Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party Party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 7 contracts
Samples: Merger Agreement (Healthaxis Inc), Transition Services Agreement (DMRC Corp), Transition Services Agreement (Digimarc CORP)
Waivers. Except as provided in this AgreementAgreement or in any waiver pursuant to Section 7.4, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 6 contracts
Samples: Merger Agreement (Mainsource Financial Group), Merger Agreement (Pfbi Capital Trust), Merger Agreement (Indiana United Bancorp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking giving such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 6 contracts
Samples: Merger Agreement (Probst James M), Merger Agreement (Royal Precision Inc), Merger Agreement (Royal Precision Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, or delay or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default hereunder by any other party shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 5 contracts
Samples: Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Sonus Networks, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 8.11
Appears in 5 contracts
Samples: Information Statement (Allmerica Financial Corp), Information Statement (Allmerica Financial Corp), Information Statement (Allmerica Financial Corp)
Waivers. Except as provided in this Agreement, no No action or inaction taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representationscovenant, warranties, covenants condition or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a any breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 5 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or and in this Agreementany documents delivered in connection herewith. The No waiver by any party hereto of any right or remedy shall be effective unless in writing and signed by the party waiving said right or remedy. A waiver of a breach of any provision hereunder shall right or remedy under this Agreement is not operate or be construed as a waiver of the right or remedy on any prior or subsequent breach of the same or any other provision hereunderoccasion.
Appears in 5 contracts
Samples: Purchase Order Purchase Agreement, Purchase Order Purchase Agreement (PayMeOn, Inc.), Purchase Order Purchase Agreement (Monster Digital, Inc.)
Waivers. Except as provided in this AgreementAgreement or any waiver pursuant to Section 7.04, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 4 contracts
Samples: Merger Agreement (Time Warner Inc), Agreement and Plan of Merger (Turner Broadcasting System Inc), Agreement and Plan of Merger (Time Warner Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, nor any failure or delay on the part of any party hereto in the exercise of any right hereunder, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Merger Agreement (Ophthalmic Imaging Systems), Merger Agreement (Ophthalmic Imaging Systems), Lock Up and Standstill Agreement (Ophthalmic Imaging Systems)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany document delivered in connection herewith or therewith. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Parts Source Inc), Asset Purchase Agreement (OccuLogix, Inc.), Asset Purchase Agreement (OccuLogix, Inc.)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Wesley Jessen Visioncare Inc), Agreement and Plan of Merger (Novartis Inc), Merger Agreement (Seaman Furniture Co Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of the same or before any other provision hereunderClosing, waive any conditions to its obligations that are unfulfilled.
Appears in 3 contracts
Samples: Securities Purchase Agreement (One Horizon Group, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.), Securities Purchase Agreement (One Horizon Group, Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, Agreement including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 3 contracts
Samples: Business Purchase Agreement (NMI Health, Inc.), Business Purchase Agreement, Business Purchase Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations that are unfulfilled.
Appears in 3 contracts
Samples: Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, or delay or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default hereunder by any other party shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Merger Agreement (Toreador Resources Corp), Net Profits Interests Contribution Agreement (Toreador Resources Corp), Contribution Agreement (Toreador Resources Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 3 contracts
Samples: Merger Agreement (Federated Department Stores Inc /De/), Merger Agreement (Fingerhut Companies Inc), Merger Agreement (Fingerhut Companies Inc)
Waivers. Except No waiver of any breach or delay in enforcing the terms of this Agreement shall operate or be construed as provided in this Agreement, no a waiver of any subsequent breach. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate document delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 3 contracts
Samples: Merger Agreement (LCNB Corp), Asset Purchase Agreement (Rainmaker Systems Inc), Asset Purchase Agreement (Vhgi Holdings, Inc.)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.party
Appears in 2 contracts
Samples: Stockholder Voting Agreement (Classic Communications Inc), Stockholder Voting Agreement (Black Creek Management LLC)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any party, shall Party) nor inaction pursuant to this Agreement will be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party not committing such action or inaction. The A waiver by any party hereto Party of a particular right, including breach of any provision hereunder shall of this Agreement, will not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sanchez Energy Corp), Securities Purchase Agreement (Sanchez Energy Corp)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any partyParty) nor inaction pursuant to this Agreement, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party committing such action or inaction. The A waiver by any party hereto Party of a particular right, including breach of any provision hereunder shall of this Agreement, will not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 2 contracts
Samples: Storage Services Agreement (MPLX Lp), Storage Services Agreement (MPLX Lp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Pharmanetics Inc), Stock Purchase Agreement (Nanobac Pharmaceuticals Inc)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, without limitationlimitations, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Merger Agreement (Pac Rim Holding Corp), Agreement and Plan of Merger (Pac Rim Holding Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Stock Purchase and Sale Agreement (Chart House Investors LLC), Stock Purchase and Sale Agreement (American Access Technologies Inc)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, (including, without limitation, any investigation by or on behalf of any partyeither party hereto) nor inaction pursuant to this Agreement, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the party not committing such action or inaction. The A waiver by any either party hereto of a particular right, including, without limitation, breach of any provision hereunder of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 2 contracts
Samples: Acquisition or Disposition of Assets, Registration Rights Agreement (El Paso Energy Partners Lp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Event Cardio Group Inc.), Stock Purchase Agreement (Event Cardio Group Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder provisions of this agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Great Basin Water Co), Water Shares Purchase Agreement (Great Basin Water Co)
Waivers. Except as provided in this Agreement, no ------- action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Merger Agreement (Lion Brewery Inc), Share Exchange Agreement (Susquehanna Bancshares Inc)
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any party, ) nor inaction pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the party not committing such action or inaction. The A waiver by any party hereto Member of a particular right, including breach of any provision hereunder of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Inergy Storage, Inc.), Limited Liability Company Agreement (Crestwood Midstream Partners LP)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 2 contracts
Samples: Settlement Agreement (One Horizon Group, Inc.), Settlement Agreement (Wu Zhanming)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including but not limited to any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement by the party taking such action. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Voting Agreement (America Online Latin America Inc), Voting Agreement (Aol Time Warner Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Merger Agreement (Bioreliance Corp), Merger Agreement (Invitrogen Corp)
Waivers. All waivers must be in writing. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Merger Agreement (Ecometry Corp), Merger Agreement (Ecometry Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.any
Appears in 2 contracts
Samples: Merger Agreement (Butler Bruce A), Merger Agreement (Watson Pharmaceuticals Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver wavier of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 2 contracts
Samples: Merger Agreement (America Online Inc), Stockholders Agreement (Moviefone Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in of this AgreementAgreement or any other agreement between the Care Parties and their respective Affiliates, on the one hand, and the Cambridge Parties and their respective Affiliates, on the other hand. The waiver by any party hereto Party of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including but not limited to any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this AgreementAgreement by the party taking such action. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver wavier of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant, or agreements agreement contained in this Agreementherein. The waiver by any party hereto Party of a any breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Alberto-Culver CO)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall be valid only if set forth in an instrument in writing signed on behalf of such party and will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Merger Agreement (Meyer Fred Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants provision or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior subsequent breach. Any party hereto may, at or subsequent breach of before the same or Closing, waive any other provision hereunderconditions to its obligations hereunder which are not fulfilled.
Appears in 1 contract
Samples: Convertible Subordinated Notes and Warrants Agreement (Terrace Holdings Inc)
Waivers. Except as provided in this Agreement, no action ------- taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except No waiver of any breach or delay in enforcing the terms of this Agreement shall operate or be construed as provided in this Agreement, no a waiver of any subsequent breach. No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by , therein and in any party hereto of a breach of any provision hereunder shall not operate document delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 1 contract
Samples: Asset Purchase Agreement (Holiday Rv Superstores Inc)
Waivers. Except as provided in this AgreementAgreement or any waiver pursuant to Section 8.4, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Merger Agreement (KKR Associates)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any either party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements Agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Acquisition Agreement (Affinity International Travel Systems Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty hereto, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant, or agreements agreement contained in this Agreementherein. The Any waiver by any party Party hereto of a breach of any provision hereunder of this Agreement must be in writing and shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Site Access License Agreement (Miravant Medical Technologies)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall Agreement and will not operate or be construed as a waiver of any prior or subsequent breach breach, whether of the same a similar or any other provision hereunderdissimilar nature.
Appears in 1 contract
Samples: Merger Agreement (TBC Corp)
Waivers. Except as provided in this Agreement, no action taken ------- pursuant to this Agreement, including, including without limitation, limitation any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this the Agreement. The waiver by any party hereto of to a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Merger Agreement (Seguin Natural Hair Products Inc.)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any including an investigation by or on behalf of any either party, shall be deemed to constitute a waiver by of the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant, or agreements agreement contained in this Agreementherein. The waiver by any either party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Unit Repurchase Agreement (Lakes Entertainment Inc)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 46
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants warranties or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any 76 85 representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Merger Agreement (Red Lion California LTD Partnership)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.hereunder.β
Appears in 1 contract
Samples: Distribution Agreement
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. 10.11.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Disney Walt Co)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement. The waiver by any party hereto Party of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Nanobac Pharmaceuticals Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementhere. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Asset Purchase Agreement (Western Power & Equipment Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants covenants, or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder hereof shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderprovisions hereof.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreementagreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreementany documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Sale and Purchase Agreement (AMERICAN COMMERCE SOLUTIONS Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by of any party Party hereto of a breach of any provision hereunder portion of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Native Traits License Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreement or in any document delivered in connection with this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitationlimitations, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Merger Agreement (Superior National Insurance Group Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, Agreement shall be deemed ------- to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Chart House Enterprises Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein, therein and in this Agreementany document delivered in connection herewith or therewith. The waiver by any party hereto Party to this Agreement of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.provision
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyParty hereto, shall be deemed to constitute a waiver by the party Party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany Ancillary Document. The waiver by any party Party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase Agreement (Physician Corporation of America /De/)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. SECTION 10.11
Appears in 1 contract
Samples: Merger Agreement (Baker Hughes Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or therein and in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate documents delivered in connection herewith or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereundertherewith.
Appears in 1 contract
Samples: Business Purchase Agreement
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany other documents. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.any
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this AgreementAgreement or in any related document. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Rsi Holdings Inc)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any partyparty hereto, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany Ancillary Document. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of 42 compliance with any representations, warranties, covenants or agreements contained in this the Agreement. The waiver by any party hereto of to a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Share Exchange Agreement (Saratoga International Holdings Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a 29 34 waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.. 9.11
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder. 11.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any either party, shall will be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any either party hereto of a breach of any provision hereunder shall will not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any partyproceeding with Closing, shall be deemed to constitute a waiver by the any party taking such action of or compliance with any representations, warranties, covenants covenants, or agreements contained in this AgreementAgreement unless such waiver is in writing. The waiver by any party hereto of the parties of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent a breach of the same or any other provision hereunderof this Agreement.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no Neither action taken pursuant to this Agreement, including, without limitation, (including any investigation by or on behalf of any partyParty) nor inaction pursuant to this Agreement, shall be deemed to constitute a waiver by the party taking such action of compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein by the Party not committing such action or inaction. The A waiver by any party hereto Party of a particular right, including breach of any provision hereunder of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any prior or subsequent breach of the same or any other provision hereunderright.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Delek Logistics Partners, LP)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, 77 warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto of a breach of any provision hereunder shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunder.
Appears in 1 contract
Samples: Capital Contribution and Share Exchange Agreement (Coventry Corp)
Waivers. Except as provided in this Agreement, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. The waiver by any party hereto to this Agreement of a breach of any provision hereunder under this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderunder this Agreement.
Appears in 1 contract
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of action, or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained in this Agreementherein. The waiver by any party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
Samples: Purchase Agreement (Computer Network Technology Corp)
Waivers. Except as provided in this Agreement, no No action taken pursuant to this Agreement, including, without limitation, including any investigation by or on behalf of any party, party shall be deemed to constitute a waiver by the party taking such action of or compliance with any representationsrepresentation, warrantieswarranty, covenants covenant or agreements agreement contained herein or in this Agreementany documents delivered in connection herewith. The waiver by any a party hereto of a breach of any provision hereunder of this Agreement shall not operate or be construed as a waiver of any prior or subsequent breach of the same or any other provision hereunderbreach.
Appears in 1 contract
