Common use of Amendment and Waiver Clause in Contracts

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 276 contracts

Sources: Indemnification Agreement (MapLight Therapeutics, Inc.), Indemnification Agreement (Lb Pharmaceuticals Inc), Indemnification Agreement (Kintara Therapeutics, Inc.)

Amendment and Waiver. No supplement, modification, amendment, termination, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 23 contracts

Sources: Director Indemnification Agreement (Everyday Health, Inc.), Indemnity Agreement (BioSig Technologies, Inc.), Indemnification Agreement (Uranerz Energy Corp.)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall will be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed to be or shall will constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver.

Appears in 11 contracts

Sources: Indemnification Agreement (Snowflake Inc.), Indemnification Agreement (Aqua Metals, Inc.), Indemnification Agreement (New Relic Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 9 contracts

Sources: Indemnification Agreement (Dgse Companies Inc), Indemnification Agreement (Gencor Industries Inc), Indemnification Agreement (Act Teleconferencing Inc)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 8 contracts

Sources: Share Exchange Agreement (Playandwin Inc), Share Exchange Agreement (Playandwin Inc), Share Exchange Agreement (Playandwin Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) provisions of this Agreement nor shall such any waiver constitute a continuing waiver.

Appears in 7 contracts

Sources: Indemnification Agreement (Stellus Capital Investment Corp), Indemnification Agreement (New Mountain Finance Corp), Indemnification Agreement (New Mountain Finance Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoExecutive and the Corporation. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 7 contracts

Sources: Employment Agreement (Double Eagle Holdings, Ltd.), Employment Agreement (Double Eagle Holdings, Ltd.), Employment Agreement (Tm Bioscience Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such any waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 7 contracts

Sources: Employment Agreement (Microsemi Corp), Employment Agreement (Microsemi Corp), Employment Agreement (Integrated Device Technology Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 7 contracts

Sources: Administrative Services Agreement (Sei Institutional Managed Trust), Administrative Services Agreement (Johnsonfamily Funds Inc), Administrative Services Agreement (Sei Asset Allocation Trust)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall will be binding unless executed in writing and executed by the parties heretoparties. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the parties. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor of this Agreement. In addition, any valid waiver shall such waiver constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 6 contracts

Sources: Service Agreement (Prudential California Municipal Fund), Service Agreement (Command Money Fund), Service Agreement (Prudential Municipal Series Fund)

Amendment and Waiver. No Except as permitted by the terms of any Plan, no supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 5 contracts

Sources: Executive Employment Agreement (Peraso Inc.), Employment Agreement (GFL Environmental Holdings Inc.), Employment Agreement (GFL Environmental Holdings Inc.)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding on a Party unless executed in writing by the parties heretothat Party. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 4 contracts

Sources: License and Production Agreement (Burcon NutraScience Corp), License and Production Agreement, License and Production Agreement (Burcon NutraScience Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 4 contracts

Sources: Employment Agreement (Zemex Corp), Employment Agreement (Zemex Corp), Employment Agreement (Internet Sports Network Inc)

Amendment and Waiver. This Agreement may not be modified, amended or supplemented other than by an agreement in writing executed by all parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoparty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Cyop Systems International Inc), Asset Purchase Agreement (Healthtrac Inc), Asset Purchase Agreement (Asyst Technologies Inc /Ca/)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 4 contracts

Sources: Indemnification Agreement (Clothestime Inc), Indemnification Agreement (Clothestime Inc), Indemnification Agreement (Clothestime Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation amendment of this Agreement shall be binding unless executed the same shall be in writing and duly executed by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver).

Appears in 4 contracts

Sources: Separation Agreement (Pregis Holding II CORP), Stock Repurchase Agreement (Lincoln Educational Services Corp), Separation Agreement (Pregis Holding II CORP)

Amendment and Waiver. No supplementalteration, modificationwaiver, amendment, amendment or cancellation supplement of this Agreement shall be binding or effective unless executed the same is set forth in an instrument in writing signed by the parties hereto. No The waiver of or failure to insist upon strict compliance with any of the provisions of this Agreement condition or provision hereof shall be deemed or shall constitute not operate as a waiver of of, or estoppel with respect to, any subsequent or other provision hereof (whether waiver or not similar) nor shall such waiver constitute a continuing waiverfailure.

Appears in 4 contracts

Sources: Agreement and Plan of Merger (Corecomm LTD), Stock Voting Agreement (Gaylord Entertainment Co /De), Stock Voting Agreement (Resortquest International Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement Amendment shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or Amendment shall constitute a waiver of any other provision hereof (whether or not similar) of the Agreement nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided. The Agreement, as amended hereby, remains in full force and effect pursuant to its terms, provisions, and conditions.

Appears in 4 contracts

Sources: Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc)

Amendment and Waiver. No supplementThis Agreement may be amended, modification, amendment, or cancellation and observance of any term of this Agreement shall may be binding unless executed in writing by waived, with (and only with) the written consent of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 3 contracts

Sources: Stock Purchase and Cross Release Agreement (Eurotech LTD), Stock Purchase and Cross Release Agreement (Eurotech LTD), Stock Purchase and Cross Release Agreement (Advanced Technology Industries Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties heretoto this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) of this Agreement nor shall any such waiver constitute a continuing waiver.

Appears in 3 contracts

Sources: Indemnification Agreement (Airborne Wireless Network), Indemnification Agreement (Lion Biotechnologies, Inc.), Indemnification Agreement (Lion Biotechnologies, Inc.)

Amendment and Waiver. No supplementExcept as otherwise provided herein, modification, amendment, or cancellation no modification of any provision of this Agreement shall be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement shall be deemed or binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverof this Agreement.

Appears in 3 contracts

Sources: Network Connectivity Agreement, TNS Access Agreement (Separate Account I of National Integrity Life Ins Co), TNS Access Agreement (Separate Account I of Integrity Life Insurance Co)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 3 contracts

Sources: Application Hosting and Technology Support Services Agreement, Application Hosting and Technology Support Services Agreement, Application Hosting and Technology Support Services Agreement

Amendment and Waiver. No supplementThis Agreement may be amended, modification, amendment, or cancellation and observance of any term of this Agreement shall agreement may be binding unless executed in writing by waived, with (and only with) the written consent of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 3 contracts

Sources: Business Purchase and Stock Acquisition Agreement (Ishopper Com Inc), Business Purchase and Stock Acquisition Agreement (Ishopper Com Inc), Acquisition Agreement (World Wireless Communications Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall shall, constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 3 contracts

Sources: Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc), Supply Agreement (Reliant Technologies Inc)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing and signed by the parties heretoboth parties. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Sources: Indemnification Agreement (Byzantine Ventures Inc), Indemnification Agreement (Simpson Manufacturing Co Inc /Ca/), Indemnification Agreement (Simpson Manufacturing Co Inc /Ca/)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No 33 waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 3 contracts

Sources: Employment Agreement (SRS Labs Inc), Employment Agreement (SRS Labs Inc), Employment Agreement (SRS Labs Inc)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 3 contracts

Sources: Indemnification Agreement (Schlumberger Limited/Nv), Indemnification Agreement (Schlumberger LTD /Nv/), Indemnification Agreement (Schlumberger LTD /Nv/)

Amendment and Waiver. No supplement, modification, amendment, or cancellation modification of any provision of this Agreement shall --------------------- will be binding unless executed in writing and executed by the parties heretoparty to be bound thereby. No waiver of any of the provisions provision of this Agreement will be binding unless in writing and executed by the party granting such waiver. Any valid waiver of a provision set forth herein shall be deemed or shall not constitute a waiver of any other provision hereof (whether or not similar) nor shall of this Agreement. In addition, any such waiver shall constitute a continuing waiverpresent waiver of such provision and shall not constitute a permanent future waiver of such provision.

Appears in 2 contracts

Sources: Service Agreement (Mainstay Institutional Funds Inc), Service Agreement (Mainstay Institutional Funds Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Confidential Settlement Agreement (Ipg Photonics Corp), Confidential Settlement Agreement (Ipg Photonics Corp)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Share Exchange Agreement (Composite Design Inc), Share Exchange Agreement (First Deltavision Inc)

Amendment and Waiver. No supplementamendment, modification, amendment, or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) or any subsequent breach or default, nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Post Processor Services Agreement, Post Processor Services Agreement

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by both parties and unanimously approved by the parties heretoCompany’s compensation committee (or CEO in the absence thereof). No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Employment Agreement (Shopify Inc.), Employment Agreement (Shopify Inc.)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Sources: Indemnification Agreement (World Commerce Online Inc), Indemnification Agreement (Catheter Technology Group Inc)

Amendment and Waiver. No supplementamendment, modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Sources: Indemnification Agreement (PMC Sierra Inc), Indemnification Agreement (PMC Sierra Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this the Agreement shall will be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this the Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Master Services Agreement (Talcott Resolution Life Insurance Co Separate Account Three), Master Services Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)

Amendment and Waiver. No supplement, modification, amendment, termination, waiver or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Sources: Indemnification Agreement (Gentiva Health Services Inc), Indemnification Agreement (Gentiva Health Services Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoparty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoin accordance with the terms hereof . No waiver of any of the provisions term, provision or condition of this Agreement Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or shall constitute be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision hereof (whether or not similar) nor shall such waiver constitute a continuing waivercondition of this Agreement.

Appears in 2 contracts

Sources: Information Technology Service and Support Agreement, Information Technology Service and Support Agreement

Amendment and Waiver. No supplement, modification, amendment, termination or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 2 contracts

Sources: Indemnification Agreement (Aethlon Medical Inc), Indemnification Agreement (Horizon Pharma, Inc.)

Amendment and Waiver. No supplementalteration, modificationwaiver, amendment, amendment -------------------- or cancellation supplement of this Agreement shall be binding or effective unless executed the same is set forth in an instrument in writing signed by the parties hereto. No The waiver of or failure to insist upon strict compliance with any of the provisions of this Agreement condition or provision hereof shall be deemed or shall constitute not operate as a waiver of of, or estoppel with respect to, any subsequent or other provision hereof (whether waiver or not similar) nor shall such waiver constitute a continuing waiverfailure.

Appears in 1 contract

Sources: Voting Agreement (Voyager Net Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation of waiver to this Agreement shall be binding unless executed approved in writing by the parties heretoboth Parties. No A waiver of any of the provisions of this Agreement shall in no event be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless specifically so designated in writing.

Appears in 1 contract

Sources: Licensing Agreement (Winwin Gaming Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation modification of this Agreement shall be binding effective unless executed it is in writing writing, signed by the both parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnification & Liability (Evogene Ltd.)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) hereof, nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Asset Purchase Agreement (QLT Inc/Bc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by both parties and unanimously approved by the parties heretoCompany’s compensation committee (or Board of Directors in the absence thereof). No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Employment Agreement (Shopify Inc.)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be is binding unless it is executed in writing by the parties heretoParty to be bound. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute constitutes a waiver of any other provision hereof (whether or not similar) nor shall does such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Asset Purchase Agreement (Predictmedix Inc.)

Amendment and Waiver. No Except as permitted by the terms of this Agreement, no supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by all of the parties heretoParties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Executive Employment Agreement (Ho Michael)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnity Agreement (Allogene Therapeutics, Inc.)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoparty to be bound. No waiver of any of the provisions Provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. 3(a)(1)-24

Appears in 1 contract

Sources: Share Exchange Agreement (Lasermedia Communications Corp)

Amendment and Waiver. No supplement, modification, amendment, or cancellation amendment of this Agreement shall be binding unless executed in writing by all the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Appears in 1 contract

Sources: Easement Agreement

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the waiving party.

Appears in 1 contract

Sources: Indemnification Agreement (ChromaDex Corp.)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless it is executed in writing by the parties heretoeach Party. No waiver of of, failure to exercise or delay in exercising, any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such any waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Agreement to Acquire All of the Issued and Outstanding Securities

Amendment and Waiver. This Agreement may not be modified, amended or supplemented other than by an agreement in writing executed by all parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoParty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Termination, Assignment and Indemnification Agreement (Able Telcom Holding Corp)

Amendment and Waiver. No supplement, modification, amendment, waiver or cancellation termination of this Agreement shall be binding unless executed in writing by the parties heretoLicensor and Licensee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (regardless whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Patent License Agreement (Oryon Technologies, Inc.)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.. ​

Appears in 1 contract

Sources: Indemnification Agreement (Envela Corp)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall be is binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or binding unless in the form of a writing signed by the party against whom enforcement of the waiver is sought, and no such waiver shall constitute operate as a waiver of any other provision provisions hereof (whether or not similar) ), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof.

Appears in 1 contract

Sources: Indemnification Agreement (reAlpha Tech Corp.)

Amendment and Waiver. This Agreement may not be modified, amended or -------------------- supplemented other than by an agreement in writing executed by all Parties hereto. No supplement, modification, amendment, or cancellation of this Agreement waiver shall be binding unless executed in writing by the parties heretoParty making the waiver. No waiver of any of the provisions provisions, breach or default of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Asset Purchase Agreement (Stamps Com Inc)

Amendment and Waiver. (A) No supplementamendment, modification, amendment, termination or cancellation of this Agreement or any provision hereof shall be binding effective unless executed in writing by the both parties hereto. . (B) No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver; provided, however, that a waiver given in writing by either party shall be enforceable against such party to the extent set forth in the waiver instrument.

Appears in 1 contract

Sources: Indemnification Agreement (Amp Inc)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.a

Appears in 1 contract

Sources: Indemnification Agreement (Gsi Commerce Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoparty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Restated Agreement for Information Technology Services

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this the Agreement shall be binding unless set forth in a writing executed in writing by the both parties hereto. No waiver of any of the provisions provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnification Agreement (Comarco Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall will be binding unless executed in writing by the parties heretoboth parties. No waiver of any of the provisions of this Agreement shall be deemed or shall will constitute a waiver of any other provision hereof (whether or not similar) nor shall will such waiver constitute a continuing waiver.waiver unless otherwise expressly provided. EAST\181875955.14

Appears in 1 contract

Sources: Employment Agreement (Tilray, Inc.)

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoParty to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (regardless of whether or not similar) ), nor shall any such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Purchase Agreement (Intelsat S.A.)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement or any portion thereof shall be binding unless executed in writing by the parties heretoCoors and EDS. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Global Master Services Agreement (Coors Adolph Co)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. hereto No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Transition and Separation Agreement (Dialogic Inc.)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnity Agreement (Fortress Biotech, Inc.)

Amendment and Waiver. No supplement, modification, amendment, or cancellation amendment of any provision of this Agreement shall be binding valid unless executed in writing and signed by each of Lessor and Lessee. Any failure of a party hereto to comply with any of its respective obligations hereunder may be waived in writing by the parties heretoother party. No waiver of any of the provisions provision of this Agreement shall be deemed deemed, or shall constitute constitute, a waiver of any other provision hereof (provision, whether or not similar) , nor shall such any waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Lease Agreement

Amendment and Waiver. No supplement, modification, amendment, modification or cancellation amendment of this Agreement shall will be binding unless executed in a writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall will be deemed or shall constitute binding unless in the form of a writing signed by the party against whom enforcement of the waiver is sought, and no such waiver will operate as a waiver of any other provision provisions hereof (whether or not similar) ), nor shall will such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder will constitute a waiver thereof.

Appears in 1 contract

Sources: Indemnification Agreement (Shiloh Industries Inc)

Amendment and Waiver. No supplement, modificationmodification or amendment of any term, amendment, provision or cancellation condition of this Agreement shall be binding or enforceable unless evidenced in a writing executed in writing by the parties hereto. No waiver of any of the provisions term, provision or condition of this Agreement shall be deemed to be, or shall constitute be, or shall constitute, a waiver of any other term, provision hereof (or condition herein, whether or not similar) nor shall . No such waiver constitute a continuing waivershall be binding unless in writing and signed by the waiving party.

Appears in 1 contract

Sources: Consulting Agreement (Tekelec)

Amendment and Waiver. No supplement, modification, amendment, or cancellation of this Agreement shall be binding unless executed in writing by the parties heretoparties. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof of this Agreement (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnification Agreement (CPG Newco LLC)

Amendment and Waiver. No supplement, amendment or modification, amendment, termination or cancellation of this Agreement shall be binding effective unless executed it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

Appears in 1 contract

Sources: Indemnification Agreement (Cam Commerce Solutions Inc)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation of waiver to this Agreement shall be binding unless executed approved in writing by the parties heretoboth parties. No A waiver of any of the provisions of this Agreement shall in no event be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless specifically so designated in writing.

Appears in 1 contract

Sources: Licensing Agreement (Dwango North America Corp)

Amendment and Waiver. No supplement, modification, amendment, amendment or cancellation waiver of this Agreement shall be binding unless executed in writing by the parties heretoParty against whom enforcement of such supplement, modification, amendment or waiver is sought. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar) nor shall such waiver constitute a continuing waiverwaiver unless otherwise expressly provided.

Appears in 1 contract

Sources: Master Services Agreement (Coors Adolph Co)