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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 59 contracts

Sources: Membership Interest Purchase Agreement (PMGC Holdings Inc.), Equity Purchase Agreement (Algorhythm Holdings, Inc.), Stock Purchase Agreement (reAlpha Tech 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 right rights, remedy, power, or remedy privilege arising from this Agreement shall will operate or be construed as a waiver thereof. No thereof and (ii) no single or partial exercise of any right right, remedy, power, or remedy privilege hereunder shall will preclude any other or further exercise thereof or the exercise of any other right right, remedy, power, or remedyprivilege.

Appears in 39 contracts

Sources: Software License Agreement (POS Systems, Inc. / NV), Software as a Service Agreement, Saas 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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 32 contracts

Sources: Asset Purchase Agreement (PMGC Holdings Inc.), Asset Purchase Agreement (Vireo Growth Inc.), Asset Purchase Agreement (OMNIQ Corp.)

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, exercise or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 17 contracts

Sources: Debt Conversion Agreement (Global Interactive Technologies, Inc.), Share Purchase Agreement (Flora Growth Corp.), Stock Purchase Agreement (Crypto Co)

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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 17 contracts

Sources: Share Exchange Agreement (NightFood Holdings, Inc.), Asset Purchase Agreement (Nuvve Holding Corp.), Asset Purchase Agreement (DeFi Development Corp.)

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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 10 contracts

Sources: Share Purchase Agreement (Garden Stage LTD), Membership Interest Purchase Agreement (Vivakor, Inc.), Stock Purchase Agreement (Cheung ChiPing)

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 of this Agreement 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 2 contracts

Sources: Warrant Purchase Agreement (ProFrac Holding Corp.), Warrant Purchase Agreement (Crestview Partners III GP, L.P.)

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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Sintx Technologies, Inc.), Common Stock Purchase Agreement (Cannabis Global, Inc.)

Amendment and Modification; Waiver. This Agreement may only not be amended, modified, or supplemented except by an agreement instrument in writing signed by each party heretoon behalf of Buyer and Seller or a Representative of the Seller. 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Benson Hill, Inc.), Stock Purchase Agreement (Benson Hill, Inc.)

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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (Grown Rogue International 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 will 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 or remedy arising from this Agreement shall will operate or be construed as a waiver thereof. No ; nor will any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (Bgsf, Inc.)

Amendment and Modification; Waiver. This Agreement may only be amended, modified, modified or supplemented by an agreement in writing signed by each party heretohereto referencing this Agreement and the parties’ intent to amend, modify or supplement the same. 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 the same. No failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ramaco Resources, Inc.)

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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (Cardinal Ethanol LLC)

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 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, exercise or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereofwaiver. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Stock Purchase Agreement (TRxADE HEALTH, 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 right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (Vireo Growth Inc.)

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 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase and Contribution Agreement (Bitwise Bitcoin ETF)

Amendment and Modification; Waiver. This Agreement agreement shall be non-binding and 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Share Purchase Agreement (Lichen China LTD)

Amendment and Modification; Waiver. This Subject to Section 9.15, 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement (MedMen Enterprises, Inc.)

Amendment and Modification; Waiver. This Except as otherwise provided 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 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, (i) no failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall will operate or be construed as a waiver thereof. No thereof and (ii) no single or partial exercise of any right or remedy hereunder shall will preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: 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, unless notarization is required in which case such amendments, modifications or supplements have to be notarized. 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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Share Purchase Agreement (Brand Engagement Network Inc.)

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

Appears in 1 contract

Sources: Asset Purchase Agreement (Salona Global Medical Device 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 waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (TOYO Co., LTD)

Amendment and Modification; Waiver. This Subject to Section 9.15, 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 or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No thereof; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

Sources: Asset Purchase Agreement

Amendment and Modification; Waiver. This Agreement may only be amended, modified, modified or supplemented 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 failure to exercise, or delay in exercising, any right or remedy arising from this Agreement shall operate or be construed as a waiver thereof. No ; nor shall any single or partial exercise of any right or remedy hereunder shall preclude any other or further exercise thereof or the exercise of any other right or remedy.

Appears in 1 contract

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