Common use of Amendment, Modification and Waiver Clause in Contracts

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreement. The waiver by any Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) the Buyer and Company(ii) the Seller; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach Party, however, except that any either Party to this Agreement may waive in writing any obligation owed to it such Party by any the other Party under this Agreement, provided such waiver is in writing. The waiver by any either Party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchaser and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it such party by any other Party another party under this Agreement, provided such waiver is in writing. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companyeach of the parties hereto; providedPROVIDED, howeverHOWEVER, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach party to be charged therewith, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall ---------------------------------- not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and the Company; provided, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended waived except pursuant to by an instrument or instruments in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementdelivered on behalf of each of the parties. The waiver by any Party hereto either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach Party, however, except that any Party to this Agreement may waive in writing any obligation owed to it such Party by any other Party under this Agreement, provided such waiver is in writing. The waiver by any a Party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementall of the parties hereto. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent and Company; provided, however, that any Party the Representative. Any party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Alloy, CASS and CompanyStockholder; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent OPTICON, and CompanyFTC; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchaser and Company; providedthe Sellers, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended waived except pursuant to by an instrument or instruments in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementdelivered on behalf of each of the parties. The waiver by any Party hereto a party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement shall be binding upon the Parties and may not be altered or otherwise amended modified in any manner, except pursuant to by an instrument in writing of concurrent or subsequent date signed by Agent and Company; provided, however, that duly authorized representatives of the Parties hereto. No delay or omission by the Company or Employee in exercising any Party to this Agreement may waive in writing any obligation owed to it by any other Party right under this Agreement. The waiver by any Party hereto of a breach of any provision of this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion shall be effective only in that instance and shall not operate or be construed as a bar to or waiver of any subsequent breachright on any other occasion.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Purchasers and Company; providedthe Sellers, however, that any Party to this Agreement may waive in writing and any obligation owed to it by any other Party a party under this AgreementAgreement may only be waived in a writing signed by such party. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Parent, (ii) the Company and Company(iii) the Stockholders; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent Alloy, Acquisition Sub and CompanyMarketSource; provided, however, that any Party party to -------- ------- this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or of otherwise amended except pursuant to an instrument in writing signed executed by Agent the TARGET, COMPANY, and CompanyPARENT; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementeach of the parties hereto. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by Agent the Buyer, the Seller and Company; the Members, provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) the Buyer, (ii) the Seller and Company(iii) the Partners; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companyeach party hereto; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent, the Buyer, the Seller and Company; provided, however, that any Party Alloy. Any party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. 15.1. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. UPENN-Merck Standard 7

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companythe party against whom or which enforcement thereof is sought ; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Buyer, the Sellers and Companythe Seller Parent; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be ---------------------------------- altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent and the Company; provided, however, that any Party party to this Agreement -------- ------- any other party under this Agreement. The waiver by any party hereto of a breach may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach Party, however, except that any either Party to this Agreement may waive in writing any obligation owed to it such Party by any the other Party under this Agreement, provided such waiver is in writing. The waiver by any Party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Parent, (ii) the Company and Company(iii) the Stockholders; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended amended, except pursuant to an instrument in writing signed by Agent the Buyer and Company; the Seller, provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party another party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementeach of the parties hereto. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.. “Interested Party”

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Parent and the Company; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent the Buyer, Parent and the Company; provided, however, that any Party . Any party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it that party by any other Party another party under this Agreement, provided the waiver is in writing. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall will not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered amended, modified or otherwise amended waived except pursuant to by an instrument or instruments in writing signed by Agent and Company; provided, however, that any Party to this Agreement may waive in writing any obligation owed to it by any other Party under this Agreementdelivered on behalf of each of the Parties. The waiver by any a Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breachbreach or violation by any Party of the same or any other provision of this Agreement. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent (i) Buyer, (ii) Seller and Company(iii) the Partners; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Companyeach party hereto; providedPROVIDED, howeverHOWEVER, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent Buyer and CompanySeller; provided, however, that any Party party to this Agreement may waive in writing any obligation owed to it by any other Party party under this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall not be altered or otherwise amended except pursuant to an instrument in writing signed by Agent and Company; provided, however, that any Party the parties hereto. Any party to this Agreement may waive in writing any obligation owed to it by any other Party under party to this Agreement. The waiver by any Party party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Amendment, Modification and Waiver. This Agreement shall may not be altered ----------------------------------- amended, modified or otherwise amended supplemented except pursuant to an instrument in writing signed by Agent and Company; providedeach of the parties hereto, however, except that any Party party to this Agreement may waive in writing any obligation owed to it such party by any other Party another party under this Agreement, provided such waiver is in writing. The waiver by any Party party hereto of a breach of any provision provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.