Common use of Amendment and Waiver; Failure or Indulgence Not Waiver Clause in Contracts

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 47 contracts

Sources: Purchase Agreement (Artificial Intelligence Technology Solutions Inc.), Purchase Agreement (X4 Pharmaceuticals, Inc), Purchase Agreement (Lightwave Logic, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 23 contracts

Sources: Purchase Agreement (Dolphin Entertainment, Inc.), Securities Purchase Agreement (Forward Industries, Inc.), Purchase Agreement (Acurx Pharmaceuticals, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. (i) No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or thereof, of any other right, power power, or privilege.. ** Signature Page Follows **

Appears in 4 contracts

Sources: Purchase Agreement (Callan JMB Inc.), Purchase Agreement (Callan JMB Inc.), Purchase Agreement (Agrify Corp)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right right, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right right, or privilege preclude other or further exercise thereof or thereof, of any other right, power power, or privilege.. ** Signature Page Follows **

Appears in 2 contracts

Sources: Purchase Agreement (SRIVARU Holding LTD), Purchase Agreement (Alpine 4 Holdings, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Sources: Purchase Agreement (Imageware Systems Inc), Purchase Agreement (Unum Therapeutics Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Sources: Purchase Agreement (Emmaus Life Sciences, Inc.), Purchase Agreement (Transenterix, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall 260613514 v9 operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.. 260613514 v9

Appears in 1 contract

Sources: Purchase Agreement (X4 Pharmaceuticals, Inc)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto the Company and (ii) the Buyer. No provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Benefitfocus, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.. * * * * *

Appears in 1 contract

Sources: Purchase Agreement (Aquestive Therapeutics, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.. ACTIVE 706222346v3

Appears in 1 contract

Sources: Securities Purchase Agreement (Heritage Distilling Holding Company, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.. ** Signature Page Follows **

Appears in 1 contract

Sources: Purchase Agreement (eFFECTOR Therapeutics, Inc.)

Amendment and Waiver; Failure or Indulgence Not Waiver. No provision of this Agreement (i) may be amended other than by a written instrument signed by both parties hereto and (ii) may be or waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Sources: Purchase Agreement (iBio, Inc.)