Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 65 contracts
Sources: Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Terra Tech Corp.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Appears in 37 contracts
Sources: License Agreement, License Agreement, Advisor Agreement (Aterian, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 15 contracts
Sources: Acquisition Agreement (Adc Telecommunications Inc), Merger Agreement (Neuro-Hitech, Inc.), Stock Purchase Agreement (Heartland Oil & Gas Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebyParties. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 15 contracts
Sources: Executive Consulting Services Agreement (Brera Holdings PLC), Executive Consulting Services Agreement (Brera Holdings PLC), Executive Consulting Services Agreement (Reticulate Micro, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 10 contracts
Sources: Lock Up Agreement (SolarWindow Technologies, Inc.), Lock Up Agreement (SolarWindow Technologies, Inc.), Lock Up Agreement (New Energy Technologies, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 9 contracts
Sources: Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp), Employment Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party parties to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 8 contracts
Sources: Merger Agreement (Access Beyond Inc), Market Stand Off Agreement (Access Beyond Inc), Market Stand Off Agreement (Access Beyond Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 7 contracts
Sources: Merger Agreement (Omnitek Engineering Corp), Plan and Agreement of Reorganization (Nhancement Technologies Inc), Plan and Agreement of Reorganization (Nhancement Technologies Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof hereunder shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any Party to enforce any provision hereof shall not be construed as or constitute a waiver of the right of such Party thereafter to enforce such provision.
Appears in 6 contracts
Sources: Software License Agreement, Software License Agreement, Software Maintenance Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Trinity Learning Corp), Securities Purchase Agreement (Trinity Cos Inc), Asset Purchase Agreement (Symantec Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the each party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 5 contracts
Sources: Merger Agreement (Evolving Systems Inc), Asset Purchase Agreement (Advanced Semiconductor Engineering Inc), Acquisition Agreement (Evolving Systems Inc)
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 5 contracts
Sources: Agreement and Plan of Reorganization (Netsource Communications Inc), Agreement and Plan of Reorganization (Zhone Technologies Inc), Agreement and Plan of Reorganization (Zhone Technologies Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party or Parties to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 5 contracts
Sources: Asset Purchase Agreement (Humbl, Inc.), Asset Purchase Agreement (Humbl, Inc.), Asset Purchase Agreement (Humbl, Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 4 contracts
Sources: Merger Agreement (Carreker Antinori Inc), Merger Agreement (Edge Technology Group Inc), Asset Purchase Agreement (Internet Golf Association Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyall parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Oneida LTD), Escrow Agreement (Oneida LTD), Escrow Agreement (Oneida LTD)
Amendment and Waivers. Any term or provision of this Agreement may ----------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Sources: Securities Assignment and Cancellation Agreement (Tmi Holdings Inc/Fl), Stock Purchase Agreement (Tmi Holdings Inc/Fl), Stock Purchase Agreement (Tmi Holdings Inc/Fl)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 4 contracts
Sources: Employment Agreement (Details Inc), Employment Agreement (Details Inc), Employment Agreement (Details Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any Party to enforce any provision shall not be construed as or constitute a waiver of the right of such Party to subsequently enforce such provision.
Appears in 4 contracts
Sources: Master Software Maintenance and Support Agreement, Intermunicipal Agreement, Master Software Subscription and Services Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the Shareholder.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Harrison Richard T), Agreement and Plan of Reorganization (Inland Entertainment Corp), Agreement and Plan of Reorganization (Venture Catalyst Inc)
Amendment and Waivers. Any term or provision of this --------------------- Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Netsource Communications Inc), Merger Agreement (Netsource Communications Inc), Agreement and Plan of Reorganization (Aspect Development Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by duly authorized officers of the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Sources: Stockholder Agreement (Ims Health Inc), Agreement and Plan of Reorganization (Trizetto Group Inc), Agreement and Plan of Reorganization (Ims Health Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance waived, only written and either retroactively or prospectively) only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Appears in 3 contracts
Sources: Vendor Services Agreement, Vendor Services Agreement, Services Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Sources: Cooperative Development Agreement (Smartdisk Corp), Cooperative Development Agreement (Smartdisk Corp), Development and License Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party or parties to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 3 contracts
Sources: Loan Purchase Agreement (Mobilepro Corp), Loan Purchase Agreement (Davel Communications Inc), Agreement to Exchange Indebtedness for Personal Property (Davel Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Saunders & Parker Inc), Stock Purchase Agreement (Parker Terry S)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof performance, shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Appears in 2 contracts
Sources: Licensing Agreement, Licensing Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by an instrument in writing signed on behalf of each of the parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Indemnification Escrow Agreement (North American Scientific Inc), Indemnification Agreement (Friede John A)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Distribution Agreement (Smartdisk Corp), License and Distribution Agreement (Smartdisk Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyCompany and the Subscriber. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Subscription Agreement (Fashionista Distributor Holdings Inc.), Subscription Agreement (Fashionista Distributor Holdings Inc.)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Merger Agreement (Svi Holdings Inc), Agreement of Merger and Plan of Reorganization (Island Pacific Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 2 contracts
Sources: Stock Purchase Agreement (MTC Technologies Inc), Stock Purchase Agreement (Anza Capital Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by LLS and the party to be bound therebyTrustee. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may not be amended or supplemented by any party hereto except pursuant to a written amendment executed by LLS and the Trustee.
Appears in 2 contracts
Sources: Letter Agreement (Lighthouse Life Capital, LLC), Letter Agreement (Lighthouse Life Capital, LLC)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of Target Shareholders.
Appears in 1 contract
Sources: Merger Agreement (Neoforma Com Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.of
Appears in 1 contract
Sources: Asset Purchase Agreement (Cidco Inc)
Amendment and Waivers. Any term or provision of this Agreement may be ----------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing writing: signed by the party to be bound thereby. The waiver by a party of any breach hereof for for default in payment of any amount due hereunder or default in the performance hereof shall not nor be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Go Online Networks Corp)
Amendment and Waivers. Any term or provision of this Agreement may be amended, as provided herein and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to delay or not enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Appears in 1 contract
Sources: Independent Contractor Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyCompany and the Purchaser. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other breach or default or any succeeding breach or default.
Appears in 1 contract
Sources: Asset Purchase Agreement (Utah Medical Products Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. The parties hereto may amend this Agreement at any time before or after approval of the Target Shareholder.
Appears in 1 contract
Sources: Merger Agreement (Trinity Cos Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Non Compete and Non Solicitation Agreement (Verisign Inc/Ca)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.. Any term or provision of this Agreement may be amended, either retroactively or prospectively, only by a writing signed by Acquiror, Target and
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Netsource Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebySeller and the Purchaser. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder this Agreement or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Appears in 1 contract
Sources: Consulting Partner Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by Acquiror, Stockholders’ Agent and the party to be bound therebyEscrow Agent. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the Target Shareholders.
Appears in 1 contract
Sources: Merger Agreement (Neoforma Com Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.. 5.6
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder this Agreement or default in the performance hereof shall of this Agreement will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by Acquiror, AirPatrol and the party to be bound therebyRepresentative. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebythereby (except as otherwise provided herein). The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Exchange Agreement (Intuit Inc)
Amendment and Waivers. Any term or provision of this --------------------- Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Asset Purchase Agreement (Covista Communications Inc)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by all Parties hereto in the party to be bound therebycase of an amendment or the Party waiving compliance in the case of a waiver. The waiver by a party any Party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default, unless such waiver so expressly states.
Appears in 1 contract
Sources: Purchase Agreement (HCC Insurance Holdings Inc/De/)
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyboth parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or default. The failure of a party to enforce any succeeding breach or defaultprovision hereof shall not constitute a waiver of the right of such party thereafter to enforce such provision.
Appears in 1 contract
Sources: Employment Agreement (Nfront Inc)
Amendment and Waivers. Any term or provision of this Agreement may be --------------------- amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or of any succeeding breach or default. This Agreement may be amended by the parties at any time.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Verisign Inc/Ca)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach Breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Letter Agreement may be amended, amended and the observance of any term of this Letter Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyParties hereto. The waiver by a either party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Letter Agreement (Founder Group LTD)
Amendment and Waivers. Any term or provision of this Agreement may --------------------- be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Employment Agreement (Details Inc)
Amendment and Waivers. Any term or provision of this Agreement --------------------- may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Boatracs Inc /Ca/)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) waived, only by a writing signed by the party to be bound therebybound. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Independent Contractor Agreement
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyCompany and the Purchaser. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the CFI Shareholders.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyall parties hereto. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may not be amended or supplemented by any party hereto except pursuant to a written amendment executed by all parties.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party Party to be bound thereby. The waiver by a party Party of any breach hereof for default in payment of any amount due hereunder or a default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach Breach or default.
Appears in 1 contract
Sources: Merger Agreement (Boatracs Inc /Ca/)
Amendment and Waivers. Any term or provision of this Agreement may be amended, and amended only by the written consent of each of the parties hereto. The observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing written waiver signed by the duly authorized representative of the party to be bound therebyby such waiver. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Sources: Non Disclosure Agreement
Amendment and Waivers. Any term or provision of this Letter Agreement may be amended, amended and the observance of any term of this Letter Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound therebyparties hereto. The waiver by a either party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) prospectively ), only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
Appears in 1 contract
Amendment and Waivers. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) ), only by a writing signed by the each party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall will not be deemed to constitute a waiver of any other default or any succeeding breach or default. This Agreement may be amended by the parties hereto at any time before or after approval of the Shareholders, the Members and the Partners.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Flextronics International LTD)