Common use of Amendment and Modification; Waiver of Compliance Clause in Contracts

Amendment and Modification; Waiver of Compliance. The Purchaser, on the one hand, or the Seller, on the other hand, will not be deemed as a consequence of any act, delay, failure, omission, forbearance or other indulgence granted from time to time by such party: (i) to have waived, or to be estopped from exercising, any of its rights or remedies under this Agreement; or (ii) to have modified, changed, amended, terminated, rescinded, or superseded any of the terms of this Agreement, unless such waiver, modification, amendment, change, termination, rescission, or suppression is set forth in writing and signed by the party to be bound thereby. No single or partial exercise by the Purchaser, on the one hand, or the Seller, on the other hand, of any right or remedy will preclude any other right or remedy, and a waiver expressly made in writing on one occasion will be effective only in that specific instance and only for the precise purpose for which given, and will not be construed as a consent to or a waiver of any right or remedy on any future occasion or a waiver of any right or remedy against any other party.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Noel Group Inc), Stock Purchase Agreement (Brynwood Partners Iii L P)

Amendment and Modification; Waiver of Compliance. The PurchaserPurchasers, on the one hand, or the Seller, on the other hand, will not be deemed as a consequence of any act, delay, failure, omission, forbearance or other indulgence granted from time to time by such party: (i) to have waived, or to be estopped from exercising, any of its rights or remedies under this Agreement; or (ii) to have modified, changed, amended, terminated, rescinded, or superseded any of the terms of this Agreement, unless such waiver, modification, amendment, change, termination, rescission, or suppression is set forth in writing and signed by the party to be bound thereby. No single or partial exercise by the PurchaserPurchasers, on the one hand, or the Seller, on the other hand, of any right or remedy will preclude any other right or remedy, and a waiver expressly made in writing on one occasion will be effective only in that specific instance and only for the precise purpose for which given, and will not be construed as a consent to or a waiver of any right or remedy on any future occasion or a waiver of any right or remedy against any other party.

Appears in 1 contract

Sources: Stock Purchase Agreement (Leak X Environmental Corporation)