Common use of Amendment and Modification; Waiver Clause in Contracts

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 26 contracts

Sources: Asset Purchase Agreement (Cloudastructure, Inc.), Service Agreement (Unifund Financial Technologies, Inc.), Asset Purchase Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 25 contracts

Sources: Software as a Service Agreement, Software as a Service (Saas) Agreement (Brag House Holdings, Inc.), Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoparty’s authorized Representative. No waiver by any party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 14 contracts

Sources: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. This Except as set forth herein, no amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 14 contracts

Sources: Software and Services License Agreement (Musicow US Vol. 1 LLC), Software and Services License Agreement (Tirios Propco Series LLC), Software and Services License Agreement (Casa Shares Assets, LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 12 contracts

Sources: Software Evaluation License Agreement, Software Evaluation License Agreement, Software Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 11 contracts

Sources: Preferred Stock Purchase Option Agreement (FlexShopper, Inc.), Share Exchange Agreement (Blackboxstocks Inc.), Merger Agreement (Blackboxstocks Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 10 contracts

Sources: Software as a Service Agreement, Participating Addendum, Software Subscription Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 8 contracts

Sources: Software as a Service Agreement, Software Platform Service Agreement, Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 8 contracts

Sources: Exclusive Reseller Agreement, Nanthealth License Agreement, Exclusive Reseller Agreement (NantHealth, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 7 contracts

Sources: Transition Services Agreement (Carisma Therapeutics Inc.), Transition Services Agreement (Village Farms International, Inc.), Transition Services Agreement (OMNIQ Corp.)

Amendment and Modification; Waiver. This No amendment to this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. .. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 7 contracts

Sources: Exclusive License, Assignment and Talent Agreement (Manse Usa LLC), Exclusive License, Assignment and Talent Agreement (Manse Usa LLC), Exclusive License, Assignment and Talent Agreement (Manse Usa LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoof the Parties. No waiver by any party of the Parties of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Sources: Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.), Contribution Agreement (Trean Insurance Group, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Sources: Software and Services License Agreement (REITless Impact Opportunity Zone Strategies LLC), Software and Services License Agreement (Reitless Impact Income Strategies LLC), Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an authorized representative of each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 6 contracts

Sources: Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement, Software as a Service (Saas) Subscription Agreement

Amendment and Modification; Waiver. This Agreement Agreement, including the Service Schedules, may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 5 contracts

Sources: Transition Services Agreement (Bloomios, Inc.), Transition Services Agreement (Smith & Wesson Brands, Inc.), Transition Services Agreement (American Outdoor Brands, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Sources: Purchase Agreement (Cohen Daniel G), Note Purchase Agreement (Helios & Matheson Analytics Inc.), Termination and Release Agreement (Ricciardi Christopher)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 5 contracts

Sources: Put Option Agreement (Innoviz Technologies Ltd.), Put Option Agreement (Collective Growth Corp), Call Option Agreement (Global Clean Energy Holdings, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingboth Parties. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 5 contracts

Sources: Master Service Agreement, Master Service Agreement, Master Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Pattern Energy Group Inc.), Contribution Agreement, Contribution Agreement (Pattern Energy Group Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented any Order is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Sources: End User License Agreement, End User License Agreement, End User License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Sources: Mutual License and Reseller Agreement, Strategic Alliance Agreement (Phreesia, Inc.), Mutual License and Reseller Agreement (Nant Health, LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Sources: Master Conveyance Agreement (Ionic Digital Inc.), Investment Agreement (Cohen & Co Inc.), Investment Agreement (Cohen & Co Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoBuyer and Sellers. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.), Stock Purchase Agreement (Mill Road Capital II, L.P.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Sources: Standard Terms and Conditions, Software License, Hardware, and Services Agreement, Software License Agreement (TOP Financial Group LTD)

Amendment and Modification; Waiver. This Agreement may only be amended, modified No amendment to or supplemented modification of these Terms is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall these Terms will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 4 contracts

Sources: Terms of Service, Software as a Service Terms, Software as a Service Terms

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 4 contracts

Sources: Unit Purchase Agreement (Prenetics Global LTD), Contribution and Exchange Agreement (RoyaltyTraders LLC), Contribution and Exchange Agreement (RoyaltyTraders LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Data License Agreement, Linkage Data Agreement, Linkage Data Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: Call Option Agreement, Merger Agreement (Amerant Bancorp Inc.), Master Subscription Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Management Services Agreement (Ionic Digital Inc.), Aircraft Management Services Agreement (Flyexclusive Inc.), Aircraft Management Services Agreement (Volato Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: Management Services Agreement (Denali SPAC Holdco, Inc.), Share Purchase Agreement (Otsego Shares, LLC), Share Purchase Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: Lock Up Letter Agreement (Winnebago Industries Inc), Agreement and Plan of Merger (NewAge, Inc.), Lock Up Letter Agreement (Winnebago Industries Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented only by an agreement in writing signed by each party heretoParty. No waiver by any party either Part of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.), Cultivation and Sales Agreement (MJ Holdings, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented by identified as an agreement in writing amendment to this Agreement and signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder under this Agreement preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Enterprise Software Trial Agreement, Enterprise Software License Agreement, Enterprise Software Trial Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: KSG Subscription Agreement, KSG Subscription Agreement, Sublicense and Saas Subscription Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (RCM Technologies, Inc.), Asset Purchase Agreement (AeroVironment Inc)

Amendment and Modification; Waiver. This No amendment to or modification of the Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in the Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this the Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 3 contracts

Sources: Software License Agreement, Software License Agreement, Product Terms

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 3 contracts

Sources: Subscription and Purchase Agreement (Endless Corp), Call Option Agreement (Empire Petroleum Corp), Call Option Agreement (Empire Petroleum Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified or supplemented identified as an amendment to this Agreement and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Terms of Service, Gideon Software Terms and Conditions

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Terms and Conditions, Master Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty with the same formality as this Agreement. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Agreement Between the City of Doral and Carrothr Inc., Dba Assembly, Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amendedis effective unless it is in writing, modified identified as such, and signed physically or supplemented by an agreement in writing signed electronically by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed physically or electronically by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Memberpass Trust Registry Agreement, Memberpass Trust Registry Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (a) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (b) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Master Services Agreement, Master Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Platform Agreement, Platform Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Beta Testing Software License Agreement, Retailer Network Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Partnership Interest Purchase Agreement (America First Multifamily Investors, L.P.), Management Services Agreement (Heritage Global Inc.)

Amendment and Modification; Waiver. This Agreement may be amended or modified only be amended, modified if such amendment or supplemented by an agreement modification is in writing and is signed by each party heretoto this Agreement. No waiver by any party Any failure of any of the provisions hereof shall parties to comply with any obligation, covenant, agreement or condition in this Agreement may be effective unless explicitly set forth in writing and waived by any of the parties entitled to the benefit thereof only by a written instrument signed by the each such party so waivinggranting such waiver. No failure to exercise, or delay by any party in exercising, exercising any right, remedy, power or privilege arising from this Agreement hereunder shall operate or be construed as a waiver thereof; thereof nor shall any single or partial exercise of any right, remedy, power or privilege hereunder thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by applicable Law or in equity.

Appears in 2 contracts

Sources: Voting Agreement (IsoPlexis Corp), Voting Agreement (Berkeley Lights, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Terms and Conditions, Master Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Contribution and Exchange Agreement (RHINO BIOTECH LTD), Contribution and Exchange Agreement (RHINO BIOTECH LTD)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement instrument in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Asset Purchase Agreement (CUI Global, Inc.), Transition Services Agreement (Orbital Energy Group, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Holders. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving Party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Trademark Co Existence Agreement (Valvoline Inc), Equity Purchase Agreement (Valvoline Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Standstill Agreement (Otsego Shares, LLC), Standstill Agreement (Island Capital Group LLC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party the parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (NewAge, Inc.), Agreement and Plan of Merger (NewAge, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Standard Contract for Cals Sales, Subscription Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 2 contracts

Sources: Transition Services Agreement (BK Technologies Corp), Option Agreement (Prospect Global Resources Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any either party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 2 contracts

Sources: Trademark License Agreement (Blum Holdings, Inc.), Trademark License Agreement (Nommi, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Asset Purchase Agreement (Applied UV, Inc.)

Amendment and Modification; Waiver. This Except as set forth in Section 16, no amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Reciprocal License Agreement (800 Degrees Go, Inc.)

Amendment and Modification; Waiver. This Agreement Assignment may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Assignment, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement Assignment shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Assignment of Limited Liability Company Interests (Uil Holdings Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilegeprivilege hereunder.

Appears in 1 contract

Sources: Web Traffic Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Transition Services Agreement (VerifyMe, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the Agreement provisions hereof shall will be effective unless explicitly set forth made in writing and signed by the party so waivingwaiving Party. No Except as otherwise indicated in this Agreement: (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereofto that right, remedy, power or privilege; nor shall any and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder under this Agreement will preclude any other or the further exercise thereof of that right, remedy power, or privilege, or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Master License and Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed andsigned by the party so waiving. No failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor thereof;nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any precludeany other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: License and Support Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Software as a Service Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofthereof unless expressly provided herein to the contrary; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Content Partner Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereofwaiver; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Trademark License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Stock Purchase Agreement (Cardiff Lexington Corp)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Purchase Agreement (Celadon Group Inc)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party heretothe Parties. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Shared Services Agreement (Hall of Fame Resort & Entertainment Co)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party of parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Termination and Transfer Agreement (MxEnergy Holdings Inc)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth stated in writing and signed by the party so waiving. No Except as otherwise stated in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Software License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoof the Parties. No waiver by any party either Party of any of the provisions hereof shall be effective effective, unless explicitly set forth in writing and signed by the party each Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Contribution Agreement (GameSquare Holdings, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented by an agreement is effective unless it is in writing and signed by a Representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Asset Purchase Agreement (Truli Technologies, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Holder. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly ​ ​ ​ ​ set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Option Agreement (Axogen, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any thereof and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Software as a Service Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Transitional Services Agreement (Resource Real Estate Opportunity REIT, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. Any Service Exhibit incorporated herein may be amended in accordance with Section 1.01(d) above. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Regional Recreation Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Stock Purchase Agreement (Salona Global Medical Device Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement: (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any and (ii) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Terms of Service and License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company and the Investor. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Stock Purchase Agreement (ClearPoint Neuro, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Services Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretothe Company, Timios and the Buyer. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Option Agreement (Ideanomics, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by au- thorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agree- ment, (i) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any , and (ii) no single or partial exercise of any right, remedyreme- dy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Enterprise Terms & Conditions

Amendment and Modification; Waiver. This Subject to applicable Law, this Agreement may only be amended, modified or supplemented only by an agreement in writing signed by each party heretoof the Parties. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any , and no single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Merger Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party heretoParty. No waiver by any party either Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Stock Purchase Agreement (Salona Global Medical Device Corp)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, (a) no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any and (b) no single or partial exercise of any right, remedy, power power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Mobile Convenience App Development Agreement

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized Representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be is effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Software License Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waivingwaiving party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Exclusive Licensing, Co Packing, and Distribution Agreement (ALKALINE WATER Co INC)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waivingwaving. No Except as otherwise set forth in this Agreement, no (a) failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any and (b) single or partial exercise of any right, remedy, power power, or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Share Purchase Agreement (Orbital Infrastructure Group, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoParty. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Master License and Services Agreement (usell.com, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party either Party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waivingwaiving Party. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power power, or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall will any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Trademark License Agreement (Dragonfly Energy Holdings Corp.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.. ​

Appears in 1 contract

Sources: Reorganization Agreement (Inter & Co, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified modified, or supplemented by an agreement in writing signed by each party Party hereto. No waiver by any party Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Pontoon Boat Rental Agreement

Amendment and Modification; Waiver. This Agreement and the schedules and exhibits attached hereto may only be amended, modified or supplemented by an agreement in writing signed by each party heretoboth Parties. No waiver by any party a Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Transition Services Agreement (Fusion Connect, Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; thereof; nor shall will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Mobile Application Development and Licensing Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Advance Payment Escrow Agreement (Woodgrain, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Amended Settlement Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Amended Settlement Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Appears in 1 contract

Sources: Adequate Protection and Settlement Agreement (GT Advanced Technologies Inc.)

Amendment and Modification; Waiver. This No amendment to or modification of this Agreement may only be amended, modified or supplemented is effective unless it is in writing and signed by an agreement in writing signed by authorized representative of each party heretoparty. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rightrights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power power, or privilege.

Appears in 1 contract

Sources: Services and Business Associate Agreement